Detectives Cleared Of Homosexual’s Death (Press, 7 October 1988)
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Summary: Detectives Cleared Of Homosexual’s Death (Press, 7 October 1988)
The long-standing case of Dr George Duncan's drowning reached a conclusion on 7 October 1988 when a Supreme Court jury acquitted two former vice squad detectives, Michael Kenneth Clayton and John Francis Cawley, of manslaughter charges related to his death. The jury deliberated for 7.5 hours before delivering their unanimous decision for Clayton and a majority decision for Cawley, prompting a muted response from the courtroom filled with spectators and journalists. Dr Duncan, a 41-year-old gay law lecturer, had moved to Australia from England just 45 days before his tragic incident in 1972. His death occurred in a context where homosexuality was illegal, and vice squad officers were known for their aggressive policing of gay activities. The prosecution suggested that Dr Duncan became a victim of a practice known as “poofter-bashing,” where vice squad detectives were alleged to have thrown homosexuals into the River Torrens. Despite earlier investigations by the police and a coroner's inquiry failing to identify those responsible, the case was revisited in 1985 when Michael William O’Shea, a former vice squad detective, provided new evidence. Subsequently, Cawley and Clayton were charged along with another ex-officer, Brian Edwin Hudson. However, the case against Hudson was dismissed prior to trial. The prosecution's case rested on allegations that Cawley and Clayton, along with two others, had thrown Dr Duncan and two other individuals into the river following a farewell party for a colleague on 10 May 1972. Dr Duncan’s body was recovered the following morning but reportedly had been thrown back into the river for television footage. Throughout the trial, the defence counsel for both Cawley and Clayton did not present a case. Following the verdict, both men expressed relief, although they declined to provide comments to the media immediately. Their legal representative, David Smith, affirmed that justice had been served after a challenging 16-year process, indicating a sense of closure for the accused.
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