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Thomas McCosker v The State: Difference between revisions

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Former textile worker '''Thomas McCosker''', 55, from ], ], ], visited ] and had sex with Dhirendra Nadan, 23. He reported Nadan to police for allegedly taking ]1500 from his wallet. McCosker and Nadan were separately held by police on ], ]. '''Thomas McCosker''', an ], visited ], was arrested, tried and sentenced to 2 years jail for ]. An appeal was raised on the basis of ]'s constitution outlawing discrimination on the basis of sexual orientation. On Friday ], ], his conviction, and that of Dhirendra Nadan, the other man involved, was overturned on constitutional grounds.


Thomas told ] newspaper ] "I would have liked the Australian Government to have taken more interest in my case". The Australian government has offered the usual consular assistance, but have not condemned the sentence. ] and ] both condemned the conviction.
Dhirendra said to police that Thomas paid for sex with him and took photos of him to be sold on the internet. Thomas denies both allegations.

Within 48 hours he was tried and sentenced to 2 years jail for ]. The ]1500 and the photos were not part of his conviction. An appeal was raised on the basis of ]'s constitution outlawing discrimination on the basis of sexual orientation. On Friday ], ], his conviction, and that of Dhirendra Nadan, was overturned on constitutional grounds.

Thomas was not an "out" homosexual in Australia. He says the sex with Dhirendra was consensual, which has not been disputed. In the initial trial he had no legal representation.


==International reaction==

Thomas rang neighbour Alan Richardson, who in turn contacted the Australian High Commission in Suva. A consular official rang back that night to say that "inappropriate images" had been found and he was likely to be fined. However, 48 hours after his arrest, Thomas rang Alan to say that both he and Dhirendra had been jailed.

Thomas told ] newspaper ] "I would have liked the Australian Government to have taken more interest in my case". The Australian government has offered the usual consular assistance, but have not condemned the sentence. ] and ] have both condemned the conviction.


==See also== ==See also==
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==External links== ==External links==
* ABC news (26 August, 2005)

* ] (20 August, 2005) * ] (20 August, 2005)
* ] (28 August, 2005) * ] (28 August, 2005)

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Thomas McCosker, an Australia, visited Fiji, was arrested, tried and sentenced to 2 years jail for sodomy. An appeal was raised on the basis of Fiji's constitution outlawing discrimination on the basis of sexual orientation. On Friday August 26, 2005, his conviction, and that of Dhirendra Nadan, the other man involved, was overturned on constitutional grounds.

Thomas told Melbourne newspaper The Age "I would have liked the Australian Government to have taken more interest in my case". The Australian government has offered the usual consular assistance, but have not condemned the sentence. Amnesty International and Human Rights Watch both condemned the conviction.

See also

External links

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