Gays Out on Bail, Await Decision
Times, April 13, 2005
Thomas McCoskar on his way to the High Court in Lautoka yesterday
TWO men who were jailed for having
a homosexual relationship were released on
bail yesterday, pending the High Courtís decision on an
appeal against the conviction and sentences.
High Court Justice Kishor Govind released Thomas Maxwell
McCoskar and Dhirendra Nadan on bail yesterday after he admitted that it was
not an ordinary case.
He said he would invite the Attorney-General and the
Human Rights Commission to participate in the trial to help him reach a
Justice Govind noted that there was no victim in the
Lawyers argued that the Constitution and the Penal Code
conflicted with each other during the case.
McCoskarís lawyer, Ikbal Khan, initiated the appeal.
In his application, Mr Khan said the sentence was a
breach of the Constitution and the International Human Rights Laws.
He and Nadanís lawyers argued that the appeal would
take a while to conclude and thus warranted that bail be granted.
Justice Govind released the two on strict bail
conditions, one of which was to report to the Lautoka Police Station every
Wednesday and Saturday.
McCoskar was also ordered to surrender his travel
documents and deposit $500 in court as surety.
To avoid deportation, Justice Govind issued an order for
McCoskar to remain in the country until the case was finalised.
The two are to reappear in court on April 28 for mention.
The two were jailed on Tuesday last week for having
consensual sex between March 24 and April 3.
McCoskar, a former lecturer of Victoria in Australia, was
on a holiday in the country when he met Nadan and offered to pay him if he
became his partner for a few days.
The allegations were reported to police after McCoskar
lodged complaints on April 3 of being robbed of $1500.
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