Public Hearing 4: 29 – 30 March 2023

On 29 and 30 March 2023, Counsel Assisting will present, in public proceedings of the Inquiry, a further four documentary tenders in respect of specific individual cases.

Under the Terms of Reference, the Special Commission is required:

  • by category A, to inquire into those of the deaths considered by the NSW Police Force in Strike Force Parrabell which were potentially motivated by gay hate bias and which remain unsolved; and
  • by category B, to inquire into all unsolved deaths between 1970 and 2010 (whether considered by Strike force Parrabell or not) which are suspected hate crime deaths where the victim was a member of the LGBTIQ community.

The four cases which will be the subject of these proceedings are:

  1. Gerald Cuthbert
  2. Samantha Raye
  3. Carl Stockton
  4. Mark Stewart

Each of these deaths was considered by the NSW Police Force in Strike Force Parrabell.

A comprehensive set of the evidentiary material relevant to these cases will be tendered, accompanied by written and oral submissions by Counsel Assisting. The material to be tendered will include:

  • documents relating to the circumstances of the death;
  • documents relating to previous investigations of that death, whether by the NSW Police Force or the Coroner;
  • documents relating to the nature and extent of the investigative and other steps which have been taken by this Inquiry in relation to that death, and the results and conclusions flowing from the completion of those steps;
  • any statement which a family member may choose to make to the Inquiry.

The submissions of Counsel Assisting will include recommendations as to the findings which the Commissioner should make as to the manner and cause of death in each case.

These public proceedings will be conducted over two days, commencing at 10am on 29 March 2023 at the Chief Secretary’s Building, Level 2, 121 Macquarie Street, Sydney. The proceedings are open to the public and will be livestreamed via the Inquiry’s website.

The Honourable Justice John Sackar will preside at the hearing. Counsel Assisting the Inquiry will be Christine Melis, William de Mars and Kathleen Heath.

Any person or organisation with a direct and substantial interest in the subject matter of this hearing, as outlined in Practice Guideline 1 [PDF, 179 KB], is able to make an application for authorisation to appear by 5pm on Monday, 27 March 2023.

Journalists wishing to cover the hearing should notify the Inquiry’s media team to ensure access to the media room and/or relevant information including schedules and transcripts.

Further individual cases will be the subject of public proceedings of this kind in the coming months. Notification of such proceedings will be provided on the website.

All inquiries regarding this hearing should be directed to [email protected].

Written Submissions and Statements

Warning: Please be advised that these written submissions may contain graphic content. If you are experiencing distress, please call Lifeline on 13 11 14.

Transcripts

Exhibits

Exhibit 16 Tab 000 - Exhibit 19 Tab 043

Exhibit-016

Exhibit-017

Exhibit-018

Exhibit-019