The NSW government has supported all 19 recommendations from a landmark inquiry into historical gay hate crimes, saying victims and their families were “fundamentally failed” in the past and it can never occur again.
In hearings across 18 months, the inquiry examined unsolved deaths in NSW between 1970 and 2010 which potentially involved gay hate bias.
Justice John Sackar, who led the inquiry, delivered his report in December, with recommendations including fresh inquests in four of the cases considered — the deaths of Scott Miller, Paul Rath, Richard Slater and Carl Stockton.
Penny Sharpe, leader of the government in the Legislative Council, said the inquiry would be remembered as a “crucial step” in coming to terms with the role the state government played in many tragedies.
Government institutions in previous decades had “set a standard” that stood by inequality and injustice, but also “fostered and at times participated in it”, she said.
“We fundamentally failed the victims of these hate crimes and their families, and we can never let that occur again.”
Twenty-five of the 32 unsolved deaths examined by the inquiry were found to be suspected gay hate crimes. (ABC News)
Justice Sackar’s recommendations also included a review of all unsolved homicides in the decades within the inquiry’s scope, along with monitoring DNA databases for matches to evidence uncovered during its investigations.
The government said the implementation of some recommendations had already been completed, while others were underway.
Ms Sharpe again thanked Justice Sackar and his team for their work, saying the investigation was “exhaustive” and re-examined a “dark passage in the history of our state”.
Report ‘deeply difficult reading’, police minister says
The hearings exposed shortcomings in police investigations and laid bare systemic problems around the retention and storage of exhibits.
Thirty-four deaths were closely examined and the inquiry found there was objectively reason to suspect LGBT bias was a factor in 21, while LGBT bias was a factor in four.
Nine deaths were found to be either suicide or misadventure.
The state minister for police Yasmin Catley described the government’s response to the inquiry’s response as an important milestone for all those affected. (ABC News: Keana Naughton)
Police Minister Yasmin Catley said the inquiry’s report made for “deeply difficult reading” and said the release of the government’s formal response was an important milestone for victims, survivors, advocates and allies.
“We can’t change what has happened in the past, but we can and will do everything in our power to learn, evolve and prevent history from repeating itself,” she said.
The inquiry heard of shocking violence directed at the LGBT community, with Justice Sackar observing that this was compounded by some officers who’d been “indifferent, negligent, dismissive or hostile”.
He stopped short of formally recommending an apology by NSW Police to the LGBT community, because if it was made only due to a recommendation it would be of “limited value”.
In February, Police Commissioner Karen Webb apologised to the families of gay hate crime victims whose deaths had not been adequately or fairly investigated.
She acknowledged it had created “missed opportunities to identify possible offenders as new leads emerged”.
NSW government unreservedly apologises to victims and survivors
In its full response, the government said the inquiry identified “shortfalls” in how government authorities responded to the deaths and it was “unacceptable” that they were not handled consistently with professionalism, fairness, respect and compassion.
“For this, we apologise unreservedly to victims, survivors, loved ones, and LGBTIQ+ communities,” it said.
“We acknowledge that in some instances NSW law enforcement and justice agencies have failed to adequately identify, investigate, and prosecute violent crimes that were, or may have been, motivated by bias based on sexual orientation and/or gender identity, and for that we are deeply sorry.”
It also offered a full and sincere apology for the “deep hurt and betrayal” that continues to be felt by LGBT communities and the “legacy of distrust of government services”.
In a statement, the NSW government apologised to the LGBT community and said it will “honour the victims and victim-survivors”. (Supplied: Parliament of NSW)
The government said the establishment of the inquiry was testament to “the unshakable resolve of the loved ones of victims, along with survivors, service providers, and dedicated community advocates”.
“To those who persisted – in the hope of finding truth and justice – thank you.”
The government acknowledged the “significant and ongoing work” involved in ensuring relevant agencies are held accountable for the implementation of recommendations.
“The NSW government will honour the victims and victim-survivors whose pain has been captured by the Inquiry, through the determined and meaningful implementation of all recommendations.”
