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Queensland moves to end 'gay panic' defence

The Queensland government has taken a key step to stop alleged murderers using the "gay panic defence".

A sign outside the Supreme Court in Brisbane
A sign outside the Supreme Court in Brisbane, Tuesday, Oct. 8, 2013. Source: AAP

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Source: AAP


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The mother of a man whose killers relied on Queensland's so-called "gay panic defence" has welcomed moves to amend the law but says it won't bring her son justice.

Under current Queensland legislation accused murderers can use unwanted sexual advance as a partial defence, but Attorney-General Yvette D'Ath flagged in parliament her intention to remove it.

"Queensland's criminal code must not be seen to condone violence against the gay community, or indeed any community," Ms D'Ath said on Wednesday.

The defence has been used twice in Queensland in recent years, including in case of Richard John Meerdink and Jason Andrew Pearce, who were jailed for the manslaughter of Wayne Robert Ruks in 2008.

Mr Ruks was bashed in the grounds of Maryborough's St Mary's Catholic Church, but the court did not accept their defence that he had followed them there and tried to grab Pearce's crotch.

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Mr Ruks' mother Joyce Kujala said it was disappointing the state government had taken so long to act on the law.

"It can't bring justice upon my son's death, but I'll be comforted when I know gay panic can no longer be used to defend murders," Mrs Kujala said.

"But there's no reason this can't be passed next week.

"This lack of urgency means another mum could tomorrow go through the horror I did."

An online petition on Change.org, started by St Mary's parish priest Paul Kelly, attracted 242,000 supporters.

Fr Kelly said he was concerned by the "leisurely pace" of change.

"Myself and the 240,000 people who've signed my petition hope the new opposition leader can help pass this legislation urgently - and ensure no one uses this shocking 'gay panic' law again," he said.

Ms D'Ath circulated draft changes to legal stakeholders and said the amendments were expected to be introduced into parliament later this year.

Queensland and South Australia are the only states where the gay panic defence currently exists.


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