Queensland ‘gay panic’ killer set free, calls to close loophole
A day after the Queensland Government decided to reject recommendations calling for the abolishment of the ‘gay panic’ defence, it’s been revealed a man who used the defence as an excuse for killing another man in 2008 has walked free from jail, leading to calls from the victim’s grieving mother to close the loophole.
Joyce Kujala’s son, Wayne Ruks, was brutally bashed to death on the grounds of Maryborough’s St Mary’s Catholic Church in July 2008. Murder charges were laid against two men, Jason Andrew Pearce and Richard John Meerdink, however both men had their charges reduced to manslaughter after they convinced the jury Ruks had made a pass at one of the pair.
Kujala has always maintained her son was not gay.
Pearce was eventually sentenced in 2010 to nine years imprisonment, while Meerdink received 10 years.
Earlier this month, on July 9, Pearce was granted parole and released from jail.
Kujala has blasted the leniency of the men’s sentences, saying Pearce would still be in prison if he had not been able to use the ‘gay panic’ defence.
“This is a terrible loophole in the law that anyone can use to literally get away with murder,” said Joyce in a statement.
“Pearce took my son’s life and gave me a life sentence – he got four years and now he’s free. My son was not gay. It just shows that anyone with a smart lawyer can use the defence against anyone.
“There is no condoning an attack on anyone, regardless of their race or religion or the way they live. This law is a loophole that simply encourages more crime. It’s time for Campbell Newman to close it.”
Under the state’s provocation laws, the claim of ‘non-violent homosexual advance’ can be used as a defence in murder or assault court cases – potentially reducing a conviction from murder to manslaughter, if an accused person said their victim’s behaviour provoked them into attacking.
A Change.org petition against the use of the ‘gay panic’ defence created by the priest of St Mary’s Catholic Church, Father Paul Kelly, has so far received close to 200,000 signatures in support of its removal.
“Campbell Newman says he is tough on crime. Now I’d like to see him show that he is by finally removing the ‘gay panic’ defence,” Father Kelly said.
“This is not just a gay rights issue, it is a criminal justice and human rights issue.”
Yesterday, a spokesperson for Attorney-General Jarrod Bleijie said the government would not be accepting recommendations from an expert panel convened earlier this year which suggested altering the law so that unwanted sexual advances could not be used to claim provocation unless in exceptional circumstances.
“The Criminal Code was amended in 2011 to ensure words alone do not amount to provocation unless exceptional circumstances exist,” the spokesperson wrote.
“Given these laws are yet to be tested, the Government does not intend to make any further amendments to the provocation defence at this time.”
Critics say the 2011 changes do not go far enough as alleged offenders could claim that victims – some of whom may not be alive to testify – touched them and that is what launched the assault or murder.
For updates or more information on Father Kelly’s petition, visit http://www.change.org/gaypanic
- Tags: Assault, Bias, Blaze, Campbell Newman, Change_org, Crime, Discrimination, Father Paul Kelly, Gay Panic, Homophobia, Jarrod Bleijie, Jason Andrew Pearce, Killing, Law, Maryborough, MCV, Murder, Prejudice, Prison, Queensland, Queensland Pride, Richard John Meerdink, SX, Violence, Wayne Ruks
Comments (15)
When are we going to get honest as a community and admit the extent of homosexuality? It's not just confined to us, but is rampant in the "heterosexual" community.
Gay Panic Defense is not its real name it's actually 'homosexual advance defence' and it is not restricted to Queensland law it's a federal law aswell.
Easy. Go beat one of their sons to death, and then claim he was gay. Or better still, beat those pathetic hateful pieces of garbage to death, oh and claim they were gay. Most of us recognise that the harder they protest, the harder they are fighting to stay in the closet.
Who needs the Taliban when we have the Queensland and NSW LNP giving a "Get out of Jail Free" card to gay killers. The real terrorist, are not overseas, but in Australia in the LNP. Gay Panic is just a cloak for legalising gay murder.
Dave, maybe the "real terrorists" aren't just the LNP, but also ourselves, through denying the true extent of homosexuality.
It is sad to see a man walking free from jail using the Gay Panic defence. The State Government is saying that homosexuality is so abnormal, anyone can kill people who are same-sex attracted. We need our dark nights to rise and hold the LNP to account for the murders of our brothers and sisters.We need to show them and their families that our lives are worth as much as theirs.
Dave, if "anyone can kill people who are same-sex attracted", isn't it time we revealed that same-sex attraction is not just limited to us?
I would like to confront this Attorney-General and several others of his Nazi Party.
Peter, the AG sure is from the Nazi Party. He's the "Smiling Assassin!"
Jarrod Bleijie needs to be held accountable. The mother of this man needs to personally meet mr Bleijie and command justice. I went to school with Jarrod, and as soon as he found out I was gay he refused to acknowledge me at all. This government needs to change and we have to stand up and be heard.
it shows that the Queensland government could not give a dam about GLBTI people. they are happy to see them died.
...and you keep paying your taxes!
How does Kujala know her son wasn't gay?
'Gay panic' defence is pure evil! No debate required.
“The Criminal Code was amended in 2011 to ensure words alone do not amount to provocation unless exceptional circumstances exist,” the spokesperson wrote.
Since when is a come on line from another bloke considered exceptional?