Last edited: April 16, 2005

Gays Out on Bail, Await Decision

Fiji Times, April 13, 2005

Convicted homosexual Thomas McCoskar on his way to the High Court in Lautoka yesterday
Photo: Anokh Kumar

TWO men who were jailed for having a homosexual relationship were released on 

bail yesterday, pending the High Court’s 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 decision.

Justice Govind noted that there was no victim in the case.

Lawyers argued that the Constitution and the Penal Code conflicted with each other during the case.

McCoskar’s 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 Nadan’s 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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