TRANSCRIPT
The body of 31 year old John Russell was found at the base of cliffs below the Bondi to Tamarama walking path in Sydney in November 1989.
His sister in law, Donna, told SBS News the family has never really recovered from his loss.
“For all death these years, even the highlights in our lives were never quite as joyous as they could have or should have been.”
John's is of one of 32 suspected homicides publicly examined by the New South Wales hate crimes inquiry, which has now delivered its final report after 18 months of hearings.
Commissioner Justice John Sackar has concluded LGBTIQ+ bias was a likely factor in 25 of the cases the inquiry looked at.
The report has been scathing of New South Wales Police in their handling of those cases and others, finding that the Force failed to properly investigate potential hate crimes for decades, and reacted to the deaths with "indifferent, negligent, dismissive or hostile" attitudes.
Counsel Assisting the Inquiry Peter Gray said that attempts to review cases at a later date were often stymied because police had collected - and then lost - key exhibits, like in the case of John Russell.
“His body was found at the base of cliffs at Mark's Park... Human hairs, which may have been from another person, were observed on his left hand. The hairs were bagged for analysis - but they were lost prior to the initial inquest into Mr Russell's death, which occurred in July the following year, 1990. No forensic analysis has ever been performed on those hairs.”
The handling of documents and evidence was also found to be a problem during the inquiry.
More than 150,000 documents from decades of police records and coronial files were examined as part of the probe.
But the Commissioner said police were often "adversarial or unnecessarily defensive", and created unnecessary delays in the production of documents - a point he had also made during a public hearing earlier this year.
“How many times does your client have to be reminded that last minute production is absolutely unacceptable... I'm sick and tired of your client's attitude in relation to these documents. And it is yet again testament to the fact that I think your client doesn't know where half its records are.”
The report has recommended police undergo mandatory training about the LGBTIQ+ community and possible investigative bias, as a way to start rebuilding trust.
The Commissioner also says an apology from the Police is in order.
Police Commissioner Karen Webb has not yet done so.
Instead, she has released a statement that says New South Wales Police have been trying since the 1990s to be better.
"While I cannot undo what has occurred previously, I give you my commitment today that (we are) determined to uphold the policies, education and training now entrenched in the practices of modern policing which did not exist 30 years ago.”
There are 19 recommendations in total in the report that's been released to the public.
Another section is being kept under wraps for the next 30 years, in the hope that prosecutions can be pursued down the track.
New South Wales Premier Chris Minns says the government is going to take some time consider those recommendations.
State MP Alex Greenwich says the report should serve as a "mandate for reform" to improve and protect the lives of the state's LGBTIQ+ community, who the report said still lived with the "enduring trauma" of violence and prejudice.
Mr Greenwich says many in the community remain sceptical and suspicious of the police.
“If someone like me, a gay man, was murdered in the 70s, 80s, or 90s, it was highly likely the police wouldn't care... Sadly, this report will be a reminder that New South Wales is not yet a safe place for the LGBTQI community.”
If you or someone you know needs support, you can contact QLife between 3pm and midnight on 1800 184 527, the Rainbow Sexual, Domestic & Family Violence Service Help Line on 1800 385 578, or Lifeline on 13 11 14.
