The NSW Police Force has been accused of taking an “adversarial or unnecessarily defensive” approach to engaging with the special commission of inquiry into LGBTIQ hate crimes in the commission’s final report to the government.
NSW Supreme Court Justice John Sackar, who headed the inquiry, said in his report released on Thursday that he faced significant and unexpected challenges when it came to police engagement with him and his team.
The inquiry examined 32 cases in detail, including that of US mathematician Scott Johnson’s death, which was initially declared a suicide.
In 25 of the cases, the inquiry found there was a reason to suspect LGBTIQ bias played a part in their deaths – many of which were treated by police like accidents or suicides.
This included the death of 27-year-old Sydney man Paul Rath, whose body was found at the base of a cliff in the early hours of June 16, 1977.
Rath’s pants were around his thighs when his body was discovered, exposing his underpants.
Despite this, NSW Police did not consider it to be a gay hate crime, and those close to him were never questioned about his sexuality.
“There appears to have been a resistance in the NSW Police Force, even very recently, to acknowledging the extent of the hostility experienced by LGBTIQ people in the 40-year period under examination,” Sackar said.
He accused some police officers of “compounding the violence” by being “indifferent, negligent, dismissive or hostile”.
“All of the deaths with which the inquiry is concerned, many of them lonely and terrifying, were of people whose lives were cut tragically short,” he said.
“Many had suffered discrimination, throughout their lives. Institutional and community responses to these deaths were lacking.”
In a statement, NSW Police said it fully supported the inquiry, including by responding to more than 200 summonses and producing over 100,000 electronic documents.
“It’s extremely important for the NSW Police Force to acknowledge the past shortcomings in historical investigations, particularly in responding to violence and discrimination against the LGBTIQ+ community, and in the exhibit management of cases relating to the Inquiry,” it said.
In his final remarks before the inquiry finished in November, Sackar first noted that the police were an unhelpful party in the inquiry.
“… the attitude of the NSW Police Force has sometimes appeared overly defensive, even adversarial,” he said.
The 3500-page report makes 19 recommendations, seven of them relating to specific cases, while 12 relate to investigative and record management practices and procedures. One of those recommendations is the implementation of mandatory and ongoing training for police officers concerning the LGBTI+ community.
This would include training in LGBTI bias crime, conscious and unconscious bias in investigations, and the engagement of appropriately qualified experts.
Other recommendations include an audit by police of all unsolved homicides for the period of 1970 to 2010, and several relating to the enhancement of the unsolved homicide team.
NSW Premier Chris Minns thanked everyone who came forward for their contributions and advocacy for victims.
“It takes courage to relive the traumatic experiences you have shared as partners, family and friends who have lost loved ones, and as a community that has suffered unimaginable injustice,” he said.
“The government will now take the time required to thoroughly consider the commission’s report.”
NSW Attorney-General Michael Daley said the commissioner shone a light on some of the darkest events in the state’s history and acknowledged that the inquiry had reopened wounds, which he said was a “difficult but necessary part of this process”.
“Our work here is far from over and our focus now shifts to ensuring we deliver a meaningful and decisive response. We owe nothing less to victims, their families and friends,” Daley said.
Police Commissioner Karen Webb acknowledged the pain of all the individuals and families who had suffered from the past actions of the police.
“It is deeply regrettable and while I cannot undo what has occurred previously, I give you my commitment today that NSW Police … is determined to uphold the policies, education, and training now entrenched in the practices of modern policing which did not exist 30 years ago,” she said.
The force had made significant efforts to improve the ways it relates to the LGBTI+ community and it was an ongoing priority, Webb assured.
“This is a lengthy report and it is incumbent on our organisation that we allocate the appropriate time to review the report and its recommendations,” she said.
Eliot Hastie is a senior news producer at Channel Ten, reporting on a range of general stories, specialising in foreign affairs and LGBTQ+ stories. He’s also a reporter for Gay Sydney News, where he covers LGBTQIA+ culture, politics and nightlife. He previously helped to build and launch ausbiz, Australia's only live streaming finance news channel, where he was also an executive producer and host. He has previously worked as a finance and business journalist for publications including Fintech Business, Real Estate Business and other Momentum Media titles. Eliot holds a journalism degree from the University of Westminster and brings experience in both broadcast and digital reporting. Contact Eliot: eliot.hastie@gaysydneynews.com.au
