31 Aug 2005

Fiji's Director of Public Prosecutions examining High Court decision on gay sex

12:43 pm on 31 August 2005

Fiji's Director of Public Prosecutions Office is examining a High Court judgment which recently overturned two men's conviction for gay sex.

The director, Josaia Naigulevu, told Fijilive that an officer was examining the ruling to decide whether to appeal against it.

He says a decision is expected very soon.

Last week, the High Court overturned the convictions and two-year jail terms for Australian tourist, Thomas McCosker, and local, Dhirendra Nadan, on constitutional grounds.

In his ruling, Justice Gerard Winter said their convictions were invalid because they were inconsistent with the 1997 Constitution's protection of privacy and equality.

Justice Winter also said the two men's pleas at their original trial in April were not taken properly and the magistrate made inappropriate statements from the bench.