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Muslim faith taken into account for gay killing

Fri 20 Aug 2004 In: New Zealand Daily News

The homosexual panic defence has again been used to reduce a murder charge to manslaughter, but more disturbingly, the killer's Muslim beliefs were also taken into account in considering his sentence. 17-year-old Amsheen Arif Ali of Papatoetoe was accused of murdering his uncle by marriage, Colin Hart, following what Ali considered a homosexual advance, hugging him and rubbing his hands over his body and trying to kiss his neck. Justice Hugh Williams took into account several mitigating factors, including Ali's Muslim faith, before sentencing him to three years jail for the killing. Ali's defence contended he was a devout Muslim with a strong faith who deliriously grabbed a knife, believing he was going to be raped, following his uncle's repeated advances. He then “lost the power of self-control” and stabbed Mr Hart five times in the back, chest and neck. Justice Williams said that it was significant that afterwards neither Ali nor an associate called police or ambulance, and did nothing to help the injured man. Ali took Mr Hart's car and drove aimlessly around Auckland with his friend and two other people. Ali told them he killed someone, but made no mention to them of any homosexual advance. Police were told of the homosexual advance, but the first mention of rape was at the trial. Evidence was presented at the trial to show that Mr Hart was attracted to young Indian boys. The court heard that Ali drank a small amount of alcohol and took some cannabis that Mr Hart gave him during a barbecue party at Mr Hart's Mangere address.    

Credit: GayNZ.com News Staff

First published: Friday, 20th August 2004 - 12:00pm

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