Sun 23 Dec 2007 In: New Zealand Daily News View at Wayback View at NDHA
New Minister of Justice Annette King looks set to throw her weight behind the proposed abolishment of 'gay panic defence' as a legally sanctioned courtroom tactic. Using the current Partial Defence of Provocation law, assailants and killers have repeatedly and viably claimed in court that being propositioned by, or even being in the presence of, a gay person is sufficient to justify extremely brutal attacks. The textbook case for having a murder charge relegated to manslaughter using the Partial Defence of Provocation law occurred in the 2004 trial of celebrity decorator David McNee's killer, Phillip Layton Edwards. The Law Commission has recommended that the defence be disallowed in court, though it may remain as a consideration in sentencing. "The Minister agrees with the Law Commission that the use of the 'gay panic' claims have happened all too frequently in recent years," says her office, adding that King is "concerned with the negative social effects of the use of the provocation defence in this way... The Minister intends to give careful consideration to the report and its recommendations," a spokesperson said. King was last week urged by lobbying and networking group Rainbow Wellington to follow through on the Commission's suggested change. The group advised her that the current law supports prejudice against LGBT people. The Law Commission and the Ministry of Justice are currently preparing a Cabinet paper covering the recommendations in the report. If Cabinet agrees with the recommendations a Bill will be drafted to repeal section 169 of the Crimes Act 1961. This Bill will proceed through the normal legislative process (see link below) which will include consideration by a Select Committee where the public will be able to make submissions. No timetable for that process is yet available, Kings office says that will depend on where it sits in the Government's legislative priorities. Two gay lawyer MPs, National's Chris Finlayson and Labour's Charles Chauvel, have both backed the Law Commission's suggestion for reform.
Credit: GayNZ.com News Staff
First published: Sunday, 23rd December 2007 - 12:58am