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Revision as of 17:43, 12 February 2006
Former textile worker Thomas McCosker, 55, from Warrnambool, Victoria, Australia, visited Fiji and had sex with Dhirendra Nadan, 23. He reported Nadan to police for allegedly taking AUD1500 from his wallet. McCosker and Nadan were separately held by police on April 3, 2005.
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 sodomy. The AUD1500 and the photos were not part of his conviction. 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, 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 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 have both condemned the conviction.
See also
External links
- Little help, no protest for Victorian jailed in Fiji The Age (20 August, 2005)
- Australian home after Fiji gay sex conviction overturned The Sydney Morning Herald (28 August, 2005)