Sydney anti-LGBT hate crime inquiry rejects NSW Police’s objections

By SHIBU THOMAS

The special commission of inquiry into unsolved anti-LGBTQI hate crime deaths in Sydney has dismissed objections raised by NSW Police.

Trigger Warning: This story discusses anti-LGBTQI hate crimes, which might be distressing to some readers. For 24-hour crisis support and suicide prevention call Lifeline on 13 11 14. For Australia-wide LGBTQI peer support call QLife on 1800 184 527 or webchat.

The police had claimed that the judicial inquiry could not analyse or review the sufficiency or adequacy of earlier reports, including its landmark Strike Force Parabell report. The commission is conducting a judicial inquiry into unsolved anti-LGBTQI hate crime deaths that occurred in Sydney and NSW between 1970 and 2010.

NSW police’s 2018 Strike Force Parabell report looked into 88 unsolved deaths between 1976 and 2010 and classified around 23 deaths as being motivated by hate crimes. A review of the report by ACON concluded that most of the deaths were anti-LGBTQI hate crime deaths.

Gay hate crimes deaths

Supreme Court Justice John Sackar, who is heading the judicial inquiry, on Tuesday rejected the objections by the Commissioner of NSW Police Force with regard to the documents summoned by the commission.

Justice Sackar said that the terms of reference make it clear that the commission was required to look into the manner and cause of the unsolved deaths and whether it was motivated by “gay hate” or “hate crime”.

“It follows that I am necessarily required to examine the previous investigations of the New South Wales Police Force (NSWPF) and consider the extent to which gay hate bias was recognised to be a relevant causal factor in the death of particular individuals. It further follows that I am required to examine the means and the methodologies by which NSWPF arrived at its conclusions with respect to the existence (or non-existence) of gay hate bias in these specific cases,” said Justice Sackar.

NSW Police and hate crimes deaths

The commission pointed out that ACON had in its report expressed reservations about the Strike Force Parabell’s classification of the unsolved deaths.

“It cannot be that in my role as investigator, I am required to accept the findings of a report such as Strike Force Parrabell without ascertaining the extent to which I am satisfied by those findings,” Justice Sackar said.

The commission said that it was entitled to look into the methodology and adequacy of the Parabell report and make recommendations. “At the very least, I am entitled to examine how NSWPF has dealt with bias crime over time and, in particular, the establishment of the Bias Crime Unit and the way in which this unit has characterised hate crimes. In my mind, this is also a relevant issue,” added Justice Sackar.

On Tuesday, the commission commenced its hearing schedule for the week. The commission will hear evidence from Assistant Commissioner Anthony Crandell,  Commander of Strike Force Parrabell, Shobha Sharma, Manager, Policy and Programs Team, Crime Prevention Command, Sergeant Geoffrey Steer, former Bias/Hate Crime Coordinator, Bias Crime Unit and Sergeant Ismail Kirgiz, current Hate Crime Coordinator, Engagement and Hate Crime Unit.

On Monday, Justice Sackar had rejected as “offensive” the NSW Police’s claims that the inquiry had resulted in its day-to-day operations and investigations into 12 homicides being stalled.

If you feel distressed reading the story, you can reach out to support services. For 24-hour crisis support and suicide prevention call Lifeline on 13 11 14. For Australia-wide LGBTQI peer support call QLife on 1800 184 527 or webchat.