Legal battle finally over
A Queensland couple’s battle to receive justice after they were driven from their home by homophobic neighbours is finally over after six years.
Tim Wilson and Shane McCollum moved to Logan Central in 2005 but a dispute with neighbour Jean Lawson over her barking dogs soon escalated, with her son Paul Lawson also becoming involved.
In addition to calling the couple homophobic slurs, the Lawsons made false complaints to police which saw Wilson charged with common assault and wilful damage and AVOs taken out against him — all of which were later thrown out in court.
In a landmark victory in 2008 the Queensland Anti-Discrimination Tribunal found that the Lawsons had publicly vilified and harassed Wilson and McCollum and awarded them costs and compensation.
Jean Lawson exhausted all appeals despite lawyers and judges telling her she was out of time to appeal. Wilson sold his car, scooter, and shares and mortgaged his house to fund the legal battle.
The Lawsons had already paid the couple’s damages of $23,500. Paul Lawson’s solicitors have now told the couple that money to go towards their legal bills has been placed in a trust account to be transferred to them.
The Star Observer understands the amount is close to $70,000.
Wilson said he felt sorry for Paul Lawson despite the fact he is still to face court for allegedly making threatening phone calls to Wilson since his mother lost her final appeal before the Supreme Court in 2009 – something Wilson said had led him to change his phone number twice in three years.
“When you lose an appeal you have to pay your costs and the other party’s, so this has cost him more than what we’ve received,” Wilson said.
“He’s lost his business and his father’s home — it’s very sad. I hope he would just follow the law and learn his lesson.”
Wilson said he would now retire some of the debt he had accumulated.
“I’ve paid back my parents and my nan some money,” Wilson said.
“Good people came out to help us including the gay media — just by listening to our story and putting the message out there that you can’t be a bully and you can’t target someone because they’re different in your eyes.”
This is shocking to read. Here in the USA there is nothing you can do about an alzheimers patient, but you could have threatened the caretaker of the man for not restraining his behavior.
Reality, you gotta pick your battles and this one was easy…if you don’t want to be around personally, then leave but it is far time that we homosexuals fight not to be harassed and to life peacefully
Dave, you did the right thing. There’s no point fighting someone who has literally lost their mind.
I’m glad this couple got justice, but what a fight it’s been. I have friends in a similar situation who are going through their own battles in court. I wouldn’t wish it on anyone.
I can only express my sympathy with for Mr Wilson and his partner Mr McCollum. Several years ago my partner and I experienced over the back fence homophobia that left us wondering what to do.
At the time our then neighbour began to develop Alzheimer’s disease and became increasingly abusive and spent hours shouting taunts and abuse at us every-time we went into the back garden. This behaviour began after then the Cardinal Ratzinger published his paper on homosexuality my devoutly Catholic and dementing neighbour apparently interpreted this as a right to prosecute his previously controlled homophobia openly. My Catholic partner wrote to the local Church and asked the priest for help nothing happened he did not even get a reply. I wrote to the Archbishop and my letter and subsequent telephone call also went unanswered.
As my neighbour’s dementia got worse so did his behaviour he became violent and physically threw things at us. I had great respect for my neighbours wife who suffered greatly from this unfolding tragedy in her life. But it left us with either the option of taking action or selling up, we sold and moved had my neighbour not been dementing we would have taken action.
I have often wondered should we have stayed and fought or did we chicken out?
This is a tragedy from the get go. And all because of hate, ignorance, or what may amount to sheer stubborn stupidity.
Who knows.
I am happy for Tim and Shane but what an ordeal for Any couple to go through. It rings of the Hatfields and McCoys.
Congratulations to the Supreme court and the QADT for issuing Justice in this case.
Fianlly, Good luck gentlemen and Best Wishes from a Brother in Canada.
Sincerely,
Richard H.