This article contains references to violence, sexual assault, homophobia and transphobia.
New South Wales Supreme Court judge John Sackar has been appointed as the head of a special commission of inquiry into LGBTIQ+ hate crimes in the four decades leading up to 2010.
State Governor Margaret Beazley adopted the recommendation for Justice Sackar to take on the role to lead the investigation, after a recommendation from Premier Dominic Perrottet, who first .
The inquiry itself was a key recommendation of a parliamentary committee that tabled its report in May 2021.
The chief task of Justice Sackar's inquiry will be to investigate the suspected hate crimes against 88 men between 1970 and 2010, which were originally looked at by the police.
Around 23 cases remain unsolved.
"These unsolved deaths have left loving families without answers for too long," Mr Perrottet said on Saturday.
"This inquiry provides an opportunity to focus further scrutiny on suspected hate crimes, and under the leadership of Justice Sackar will work to close a dark chapter of our state’s history that has left an indelible mark."
Attorney General Mark Speakman said that Justice Sackar will have the power to hold hearings, summon witnesses, and inspect documents.
"A special commission of inquiry is a powerful investigative tool to look for answers for which many have been waiting decades," Mr Speakman said.
"No one should have to suffer the distress of not knowing what happened to someone they love."
Garry Wotherspoon, a gay man who lived in New South Wales through the decades of alleged hate crimes, told SBS News he’s pleased to see a step in the right direction.
“I think it’s a great step forward. We’d hoped for a royal commission, but a judicial inquiry with a supreme court judge, if he has the right powers, such as to force witnesses to appear under oath, is a step in the right direction after all these years."
Mr Wotherspoon said he has been assaulted three times.
“As a gay man, I have been bashed three times in my life. Once at Petersham [in Sydney], once in lower Oxford Street and the second time at upper Oxford Street.
“The first time at Petersham was in 1969. I went to a police wagon to report it, and they told me I’d have to find a near police station to actually report it, so they were very unsympathetic.
“The second time I didn’t even go to the police.
“The third time was in the 1990’s, and two young police officers were actually very helpful, so it was good to see a positive change in the younger generation.
“Part of the problem was police culture at the time, and homosexual law reform didn’t come in until 1984.”
Mr Wotherspoon said the stance by police probably reflected general society’s views at the time that homosexual men “were just poofs or perverts or child molesters.”
“A lack of knowledge of what a different sexuality might simply be, rather than hanging all these demonic names on it,” Mr Wotherspoon said.
uncovered a failure by the New South Wales Police Force to check even the basic details when examining potential gay hate murders between 1970 and 2010, resulting in an erroneous assessment being provided to State Coroner Michael Barnes.
The NSW Police Force admitted its officers may have made serious mistakes in their investigation of potential gay hate crime murders.
The parliamentary committee report in May last year found the police had historically failed in its responsibility to investigate cases properly.
The committee stopped short of recommending New South Wales Police Force issue a public apology, but it noted acknowledgement by those who failed to protect and deliver justice for LGBTIQ+ people was necessary for healing.
The alleged mistakes included spelling errors of victims such as William Rooney, which .
Independent MP Alex Greenwich praised the state government for setting up the inquiry.
"Forty years ago men like me were killed and no one cared, but now this government is taking this issue seriously with the long-overdue commission of inquiry," Mr Greenwich said.
NSW-based LGBTIQ+ health organisation ACON welcomed the announcement, but said it was long overdue.
The group's CEO, Nicolas Parkhill, said the announcement shows there is a strong desire that actions be taken to prevent such tragedies happening in the future.
“Significant questions remain, and they cannot be allowed to persist unanswered because evidence and memory have been lost. Many of the survivors and the perpetrators may not be with us for much longer," he said.
"It will be imperative that the Commission has strong powers to compel witnesses, follow up on leads, and investigate the suspected involvement of police in some of the acts of reported violence.
"It will need to uncover where there have been systematic failures and wrongdoing, particularly in law enforcement systems and justice agencies. This will be critical to ensuring this does not happen again."
Justice Sackar will deliver a final report by 30 June 2023.
