Gay basher walking free
A gay couple beaten with metal poles is still waiting for justice three months after they were attacked in a Blacktown street.
Greg Harland, 27, and his 21-year-old partner Aaron Warnecke were assaulted by men wielding beer bottles and baseball bat-sized metal bars. The incident followed an altercation at an RSL club 90 minutes earlier where a man, who is known to the pair, called them fucking faggots and lunged at them.
But three months after the attack Blacktown Police are yet to press charges or lodge an AVO. This is despite the fact that one of the attackers identified by the pair lives just minutes from the victims.
Harland was hit in the head by the attackers, before turning to see a group of men running towards him and Warnecke, throwing beer bottles.
I just yelled to Aaron and Corey [Aaaron’s brother] to run, Harland told Sydney Star Observer. This guy had a bottle in his hand and I’m just trying to avoid it by running up the road in awkward directions and then eventually he hit me with the bottle. I remember smelling beer. I could feel punches.
He was then attacked with a metal bar, which he wrestled from the man, before turning to see Warnecke being attacked by the same man who verbally assaulted them at the RSL.
He was running towards Aaron with the bar and then the next minute I see him whack Aaron. Aaron went down on his knees, Harland said.
He just went plonk. He was convulsing … he was just making this really blood-curdling moan, and then he just went out. I thought this was the end for Aaron, I honestly thought he was going to die.
Warnecke spent two weeks in Blacktown Hospital with a fractured skull and bleeding on the brain. He could not walk or talk, had migraines, ongoing vomiting and intense sensitivity to light and noise.
He has been diagnosed with post-traumatic stress disorder. He still gets daily migraines and has short-term memory problems which have forced him to postpone his studies and delay pursuing work. He may need brain surgery and is in therapy to regain his memory and cognitive skills.
Harland also has post-traumatic stress disorder and cannot work. Both suffer from ongoing nightmares about the attack.
On the night of the attack, Harland spoke to a Blacktown Police constable. According to him, the interview took no longer than 10 minutes and no notes were recorded.
The constable was insinuating that we had started the argument. He was pretty uninterested in what I had to say, Harland said.
I said to him, -˜Are you able to get the video footage from inside the club? That will clearly show that this guy was highly aggressive to us’, and he’s just gone, -˜Don’t fucking tell me how to do my job, I’ve been a fucking police officer for 14 fucking years’.
It took police three days to get in contact with Harland to lodge a report.
Despite the pair knowing the name of one of the attackers, police have not pressed charges and have stymied requests for an AVO.
In fact police only started AVO proceedings after Harland and Warnecke lodged a complaint with the NSW Ombudsman. In July the pair went to Blacktown Court to see the AVO lodged, only to be told police had not served the papers. They will return to the court later this month.
Harland said repeated attempts to get information from Blacktown Police had failed, as had requests they treat the incident as a hate crime.
When I mentioned the hate crime stuff he’d say, -˜Don’t play the gay thing … an assault’s an assault. We don’t care if you’re straight, gay, transgendered or even bended’, Harland said.
[The constable] just keeps saying, -˜We’re looking at charging him, we’re not sure when, we might just question him and charge him at a later date.
I just feel so hopeless. Here am I taking Aaron to the hospital and doing all that, we’re having to travel suburbs away to do our shopping and all this time it’s just not being taken seriously.
A spokeswoman for NSW Police Media said, a number of lines of inquiry have been pursued by Blacktown Local Area Command, who have been investigating the alleged assault.
Those inquiries have now been finalised and a brief of evidence is being prepared with the view to obtaining further legal advice in relation to potential charges.
Further comment could not be provided on the case to protect the integrity of the investigation and any judicial proceedings and no explanation was given as to why it had taken so long for police to put an AVO in place.
Blacktown police station does not have its own Gay and Lesbian Liaison Officer, but shares one with the nearby Quakers Hill station.
So who invited the police to march in our parade? As long as they take no action on homophobic assaults, raid our parties with sniffer dogs (Mardi Gras post party routinely, harbour party, inquisition recently) as well as our bars. As long as they raid and prosectue restricted premises for stocking Amyl, all the time whilst taking no action on blatant dealing of hard drugs on the streets, what t.f. are they doing marching in our parade. This gives a false impression to outside observers that NSW police are the champions of the gay community…
I think Chillisauce100 needs to chill out.
So far his long-winded critiques have only actually said three things: “I have never heard of someone being bashed in Australia who engages in incest”, a pointless comment and well beyond anybody’s expertise to be credible.
Has chillsauce100 kept track of every incest case in Australia since 1788? Where’s the evidence for this incredible suggestion?
Or this beauty, “A “poofter basher”, possibly in custody and seeking to mitigate the penalty for his/her offence, may well lie to mitigate the penalty for their offence.”
And the point is – what?
Liars are everywhere, straights and gays. The court system can decide this, not chillisauce100, I reckon.
And this howler, ” … is a former academic criminologist when he drew attention to claims made by people who had been charged with assault and battery upon homosexuals and who sought to mitigate the penalty for their offence by claiming that they had been sexually abused at an early age and in those claims they inferred or implied that the people who inflicted the sexual abuse upon them were homosexual.”
Phew! Got all that?
But it is not what had been said as I read it and is equally fatuous.
I agree with DreamOn and Brian: Chillisauce100 should show us their letters to politicians rather than just continue pointless bitching.
This will save space.
Gay men targets of violence
VIOLENCE against homosexuals is reportedly increasing in Queensland, which has already shared the ignominious title of Australia’s most homophobic state.
The Queensland Government recently granted Griffith University almost $80,000 to track hate speech and crimes against gay, lesbian, bisexual, transgender and intersexual people.
Griffith’s Alan Berman said the project was the state’s first investigation into violence based on sexual prejudice. Anecdotal evidence suggested violence based on sexual orientation was increasing.
”Reporting of such violence to police is understood to be relatively low in Queensland,” he said.
”This raises questions about how effective the reporting mechanisms are to enable accurate recording of data.”
Homophobic attacks, if reported to police, were recorded as ”common assault”, which made it difficult to quantify the number of incidents, Dr Berman said.
The project would survey 1100 anonymous participants and hold focus groups in Brisbane, on the Gold and Sunshine coasts, and in north Queensland and rural and regional centres.
Dr Berman said the findings, due late next year, would help develop legislation, increase awareness of homophobic violence among law enforcement agencies and the wider community, and increase victims’ access to appropriate policing services.
Young gay men have mostly borne the brunt of homophobia in the Sunshine State.
An 18-year-old man who asked to be named as ”John” said he was bashed about two months ago as he and five gay friends travelled on a train between the city and Bald Hills on Brisbane’s northside.
”A group of people bashed us because we’re gay,” he said. ”We didn’t provoke them. We were just chatting and they bashed us because they don’t like gays.”
He said his face and those of three other victims had been barely recognisable after the attack. The four were treated at hospital and one with severe injuries was admitted.
”I’ve been verbally abused many times but this was a first-time bashing for me,” he said. ”It was just horrible.”
He said police were called but no witness statements were taken and no one was charged.
A 2005 survey of nearly 25,000 people by the Australia Institute found Queensland and Tasmania to be the most homophobic states in Australia.
Victoria was the most tolerant, the research found.
Despite their reputations, Queensland and Tasmania were also found to have the most advanced anti-homophobia strategies in schools.
Shelley Argent, of support group Parents and Friends of Lesbians and Gays, said members were concerned about the strained relations between the Queensland Police Service and the gay community.
”We want to know that our sons and daughters receive the same protection as their straight siblings whether they’re at pubs and clubs or walking along the street minding their own business,” she said.
”Many do not feel comfortable going to police about hate crimes because they feel they won’t be taken seriously.”
A police spokesman said the service had introduced a QPRIME computer system in June last year that recorded vilification or hate crimes.
However, the spokesman did not say how many people were the victims of sexuality-based violence.
”Queensland police officers endeavour to provide support to assault victims with fairness and equity,” he said.
COPIED FROM: http://www.brisbanetimes.com.au/news/queensland/gay-men-targets-of-violence/2008/11/02/1225560616212.html
I suspect a high number of gay bashers are closet gays living a horrible straight life pretending they are something they are not, so the last thing they want to see is a happy gay couple.
No chilllisauce100. Wrong again.
You are misleading others and misreading my comments.
I made it patently clear that these criminology reports do mitigate sentences or let people off.
They are simply used to determine what will work and what won’t work in determiing a sentence. Giving a good behaviour to someone who bashes gays as revenge, for example, will probably not work: gaol may do.
The judge decides.
Many reports recommend gaol. These recommendations are just that, recommendations, and are not always accepted by judges.
In both my previous comments I have also made it patently clear – even emphasised – the point that in not all cases such hate crimes are driven by those who feel driven by revenge against any preceived sexual abuse by gays or others. Some are just plain opportunistic.
The courts commission these reports: they are not handed up to bolster criminologists or psychologists or psychiatrists value. Such reports have never, in my experience, been put forward on the basis they have any ‘probative’ value because they come from a criminologist.
They are not ‘constructed’, they are based on intense research.
And they are simply an opinion and are ruthlessly tested by cross-examination in court.
Judges make up their own minds. There is no ‘doctrine’ involved and no assumptions that only ‘pooftas interfere with kids at an early age’ or other such nonsense.
Surely it’s better for this community angst to be directed at where it is most profitable – towards politicians, as I have suggested.
I hope this clears up any misunderstandings as we concentrate on getting jutice for Aaron and his partner.
Thank you
————————————————————————————————————————
I got that impression too, Chillisauce:
homosexual = child molestor
Dear Brian S and all readers,
My attention was drawn to the deductive reasoning of Brian S., a former academic criminologist when he drew attention to claims made by people who had been charged with assault and battery upon homosexuals and who sought to mitigate the penalty for their offence by claiming that they had been sexually abused at an early age and in those claims they inferred or implied that the people who inflicted the sexual abuse upon them were homosexual.
Apparently the offenders believed that they were sexually assaulted by homosexuals at an early age and they sought to take revenge against all homosexuals for the suffering they endured as a result of the sexual assault by attacking homosexuals.
Brian S., with 30 years experience in the field during which time he produced 300 reports gives no explanation why he or any other academic criminologist deduced that the people who inflicted the sexual abuse upon the offenders, were homosexual.
Apparently the reports that Brian S. produced and his colleagues produced had probitive value and were adduced as evidence in court to assist the Judge in determining an appropriate sentence if the defendant had been found guilty by a jury or had pleaded guilty.
The explanation suggests to me that Brian S., and his colleagues have produced reports which deduce that the defendants’ claim of sexual abuse at an early age was real and that the sexual abuse was inflicted by homosexuals.
Brian S., implies that the deductions are correct and accurate because the reports were produced by professional psychologists. Brian S., implies that the soundness of the information contained in the reports and the probative value of the reports is determined by the professional qualifications of the author of the reports.
The impression I get from Brian S’s., comments in this forum is that academic criminologists and professional psychologists both rely on some professional doctrine that implies if a person was sexually assaulted at an early age then that sexual assault must have been inflicted by a homosexual.
It appears that both academic criminologists and professional psychologists rely on that doctrine and produce reports based on that doctrine and submit those reports to counsel who adduce the reports to courts to assist judges in determining sentences for offenders who have been found guilty by a jury or who have pleaded guilty. Apparently counsel assure that Judges that the reports have probative value because the reports were constructed by academic criminologists and professional psychologists who rely on the doctrine that only pooftas interfere with kids at an early age.
Following-on from my previous comment, above, there are number of threads that deserve further comment I suggest:
1 Chillisauce 100 rightly queries; how do we know that gay-haters were all sexually abused?
Answer: Not all of them were, but individual pre-sentence reports submitted to court confirm they were. This is just my experience after 30 years and writing over 300 reports.
They are submitted by professional psychologists: they’re not made-up stories. Courts use them to work out the best type of sentence, not to decide guilt or innocence, which is decided on the facts of the case.
They explain but do NOT justify behaviour, an important distinction.
2 Surely if you flaunt yourself as gay, you deserve trouble if you go to the -œwrong areas?
Answer: No, tThis issue is about what the law calls provocation, ie., did your action provoke – and thus justify – the assault? However, provocation cannot be something which is legal or is reasonable [a nebulous term]. So, if being gay is legal, then being gay itself cannot be provocation and thus, any ‘gay-hate’ attack is not justified. Verdict: Guilty.
No area is the wrong are for anyone to go. The law [ie. police] should provide protection wherever they are.
Otherwise, we’re fast going back to the 1930s pink-star Nazi era, where different types of people, gays & jews etc. are -˜quarantined’, read sectored-off. read workcamp.
And I reserve the right to live in my chosen environment and walk the streets free from assault and harassment.
And I have a legal right to the -˜peaceful enjoyment’ of my own home.
-œWe’re here, so get used to it, people.
And in this case, the public are entitled to expect some investigation into these brutal bashings, charges laid and the case prosecuted after three months.
Justice delayed is justice denied.
3 Further action. After government, the judiciary and we the people, there is -˜the fourth estate’, the media.
NOW is the time to raise the alarm over the Harland/Warnecke gay bashings.
SSO deserves a medal for its coverage, which I hope will be followed up with reports of when and where the case is being next heard.
Now its our turn. We should all immediately e-mail and contact:
The NSW Minister for Police, Tony Kelly, MP
Ph 9228 3999
Email [email protected]
Level 34, 1 Farrer Place, Governor Macquarie Tower NSW 2000
AND
Parliamentarian, The Hon Sylvia Hale MP, MLC [Greens] whose website motto proclaims:
-œIf there is one right this society should cherish, it is the right to protest and speak out against injustice.
Email: [email protected]
AND other media at:
The Sydney Morning Herald
[email protected]
[email protected]
The Daily Telegraph
[email protected]
[email protected]
Remember to add your name, address and phone no. for verification.
Let’s get tapping and typing!
————————————————————————————————————————
You could get some more media attention around this issue by putting it forward for Australian Story
http://www.abc.net.au/austory/contact-details.htm
“Got an idea?
We welcome story ideas from the public. If you have an idea for a program, click on the email link below. Please keep your description to a few paragraphs only. Tell us why you think the idea would make an Australian Story.
As a guide, the things we would like to know include:
Briefly list three reasons why believe this person would make a compelling Australian Story episode?
What has this person just finished doing -“ and what are they doing next?
Briefly list three of their highlights and/or successes.
List three people who would be able to talk about this person.
Has this person received any media coverage?
Remember that we’re especially interested in stories that haven’t seen the light of day yet. And of course, we’re also interested in stories that have great visual possibilities.
Thanks for your interest.”
I recommend recording your future conversations with Police
Also you could video tape it – if you use a video tape, I am sure it is not covered by the secret listening devices act
I live about 5 minutes walk away from the RSL and this story has stunned me. Blacktown can bit a bit dodgy, but in my 20 years of living here – i have never had a violence issue about my sexuality. maybe i don’t broadcast it on my sleeve.
I’d like to know what provoked this attack? How did they know these boys were gay? what did they do that angered this group so much?
what could we all learn out of this so we don’t attract attention to ourselves?
so sad gay people have to fight for what others accept as rightfull justice.was a victim myself in coastal town northern nsw,now looking at surgery to knee.sent me into a depression for months.im going to follow any avenue open to me,may be a dollar cost to state.if police had followed up and found him,he would be paying cost not tax payers.wish all victims,well and stay strong.try not to be intimated by authorities,that would never accept this anti.social behaviour to themselves or a family member.
The police are the real problem. Now they have their blue bible issued by Scipione. What t.f. is that? One thats not real so when they lie in court after swearing on it, they wont get in trouble?
I represent a community group which helps people who have problems with authorities and I have spoken to my colleagues to see if we can help. By all means contact the Minister and ask him to help.
I cant believe this can still happen in Sydney 2009! How far have we realy come?
If you can write a comment here, thats great!
But to raise the issue write to:
The Hon. Tony Kelly,
NSW Minister for Police.
Level 34 Governor MacquarieTower,
1 Farrer Place,
Sydney NSW 2000
Be polite, be frank and be assertive.
AND don’t be just another whiney anonymous queen!
Absolutely horrible. Independent of the victims sexuality, the level of violence and the cowardly nature of the attack is extremely distressing. I agree with Andrew’s thoughts -“ the accused should be charged with attempted murder.
It is unbelievable that no charges have yet been laid despite the victims being able to identify one of the attackers. Sadly, I hope this is due to an inept police response and not something more sinister. There is also the issue of poor (or totally absent) victim support. I would really like to hear a more open response from NSW police. Their handling of this case demands public justification.
It is shameful that in 2009 we are left contemplating angry mob tactics.
Violent attacks like these have a massive cost to society. The victims have received physical and psychological injuries which will may affect them for the rest of their lives. There’s the medical expenses, loss of income and a refered pain felt by the couple’s family, friends and anyone who hears this story.
I do suspect the victims sexuality was a contributing factor, and the ‘hate’ motive only makes this crime even more sickening. It is a great concern that the perpetrators are still on the streets.
Are there any community groups operating in Sydney that can assist cases like this?
I wish Aaron and Greg a complete recovery and hope they receive the justice to which they are entitled.
There are many valid points regarding this issue including those by Matthew. The truth is society is not going to change over night and these same people who bash gays are likely to bash their friends, women and anyone else who is vulnerable none of which is justified. Where Matthew does make a good point is that if you dress and act appropriately for the environment, you minimise your chances of being exposed to this behaviour. The person who blames Fatty Vautin is really clutching at straws. The best way to get this situation going forward is for Civil Action to be taken against the people involved. There are many Gay lawyers who could do this on a no-win no fee basis. The threat of being broke and repaying the victims for the rest of the lives would be the best deterant. I would also just like everyone to consider why someone would wait two hours to get someone if it was merely homophobic hatred. If it was an outright Homophobic attack a Psychological assesment should be made on these attackers as this is of serious concern to the greater public as well. However if there was some provocation such as owing money, or a slur made by one of both of the victims, while it is not jusitfy the act it would explain it as not a homophobic act but a personalised attack that would have gone ahead regardless of sexuality. Dare I suggest it that most homophobic attacks are opportunistic in nature (I am hopping a psychologist is reading this and add to the debate) and therefore both myself and possibly the police are asking questions why did the attacker wait in the car park???
“outside stonewall where 3 islander males jumped out of a car smashed a bottle over a young gay mans head then kicked him while he was on the ground then jumped back in the car and sped off” – and this is part of why Stonewall has the 2am lockout, based on the number of violent incidents allocated to them. What a joke, why punish the Stonewall when it’s not thier fault.
Brian S said,
“As a former academic criminologist”
“The perpetrators have often been the subject of early sexual abuse, either real or imagined, which, left unresolved, finds a catharsis in later in life -“ through hate”
The deductive reasoning of a “former academic criminologist” is interesting.
Perpetrators of violence against homosexuals have often been the subject of early sexual abuse – apparently “former academic criminologists” and perhaps current academic criminologists deduce from information given by “poofter bashers” that the early sexual abuse that they experienced was inflicted by homosexuals.
A “poofter basher”, possibly in custody and seeking to mitigate the penalty for his/her offence, may well lie to mitigate the penalty for their offence. Alternatively, they may relate actual sexual abuse that was inflicted upon them at an early age.
Where does the deduction come from that the people who inflicted the actual sexual abuse on these “poofter bashers” at an early age was inflicted by homosexuals?
Yes Alex, they are in our midst. The area between Taylor Sq and the Beauchamp has been officially named Three Saints. We are the only genuinely tolerant people in this society. Religious groups are always barging in where they’re not wanted and not liked, yet the rest of us tolerate it. Hillsong are the worst, because they are nothing more than a money-making organisation preying on the ignorant and disaffected to make themselves rich. And their taste in music is nauseating!
I’ve always thought it would be a good idea to build a high cement wall around the Hills District, to stop any more getting out. A malfunctioning public transport system doesn’t quite do it, but it helps.
David Skidmore is 100% right.
Rabbit hunters generally go where the rabbits are.
This should not be about location or city v suburbia v the bush.
It’s about gay people being bashed and the response to it from authorities and society.
BTW: Hillsong has a huge branch in inner city Redfern. An Assembly of God church in Petersham (just up the road from New Mardi Gras). There’s also St Mary’s Cathedral (Home of George Pell) and a large number of other churches, even a few mosques, synagogues etc, all in what we affectionately call the “Buggery Belt”
Matthew, have you ever been bashed? Do you know what ‘blame the victim’ means? Anyway, back to the point.
Dejà vu’ the Gee and Brennen bashing incident on Oxford St, which met with similar police apathy. What has really changed in police culture since then? Nothing…
There is a lot of anger in the above comments, but its good to see the gay community isn’t as anaesthetized and apathetic as we thought we were- that we can still get passionate and political about important issues. Hopefully the rage will be maintained, and morphed into real action.
Political action- our state member may be able to effect change to improve the service, as well as improving their training to get a better generation of new recruits.
Regarding Phils’ comments (August 26th 4.56pm) on sending the bad cops back to cop school- well, that may be part of the problem- ethics eg as a subject in the Goulburn academy was withdrawn, after may who failed were let thru anyway. Apart from raising its standards of admission (above double digit I.Q.?), they need to filter out unsuitable trainees with sociopathic personality traits, and those drawn to the power and authority kick they get from the job (viz bullies). I dont know if they still get the gay-and-lesbian-awareness spiel, or if some think of it as an entertaining freak show. Reform is needed of complaints procedures against police, so they don’t investigate themselves via a so-called ‘independant police ombudsman’, who at best disposes of complaints.
But bash the bashers? Tit-for-tat violence begets violence. The -˜pen is mightier than the sword’! A bit of what-goes around-comes-around, as the police did to us in supplying the names and addresses of -˜78ers in the first Mardi Gras? How about (sorry Derek) a ‘name and shame’ file of the bad cops? (ok, enough cliche’s already). Who are these particular officers of Blacktown Command who treated Harland and Warnecke so badly? And what about the police commands that cover Darlinghurst, Kings Cross, Surry Hills, Newtown, and Erskineville? This may help identify and weed out the ‘bad old guard’ in the mean time…
Perhaps Oscar Wilde was right; -œIf you hate a person, you hate something in him that is part of yourself.
As a former academic criminologist, I could highlight many studies showing conclusively that alot of “hate crimes”, such as the brutal bashing of Aaron Warnecke and his partner (Sydney Star Observer, August 26), are driven by irrational and not rational events, with alcohol often an exacerbating factor.
The perpetrators have often been the subject of early sexual abuse, either real or imagined, which, left unresolved, finds a catharsis in later in life – through hate.
This helps explain these crimes but can never excuse them, of course.
Society’s mores are a mix of media management and muddling entertainment programmes and can also fuel expectations of a tacit acceptance that such crimes are OK. For many, poofter-bashing is elevated to a sport, which is why Mr Vautin’s TV sport footy show comments need to be exposed and prosecuted for what they are claimed to be, an incitement to hatred and/or crime.
Gay rights are human rights, so police, for their part, need to ensure the law is upheld and seen to be upheld, otherwise vigilantism will only create street anarchy.
Serious charges, beyond grevious bodily harm, should be laid on behalf of the victims of these crimes and the evidence tested in a court of law, not by a desk-bound constable in Blacktown looking forward to his next day off and seeing complainants out the door and ridding the file from his desk ASAP.
Im sick of these violent attacks full stop.
this story and subsequent police response (or lack thereof) is horrific, I am shocked and angered.
Thanks for exposing the police yet again. There needs to be more done about this. Keep up the monitoring and vigil Star.
James
Where do the police get off. Time for more dramatic responses and action from the Star and others. Maintain the rage.
Tom Bolt
Reaally revealing story Star and Ani Lamont.
Keep it up.
Blair Athol
This is a truly terrible story. Can yo please keep following up on this story from time to time so that the public and police are kept reminded. Full marks to a well researched and reported story.
Johnny Bilson