Eight years ago Wayne Ruks was bashed to death by two men in the courtyard of a Maryborough church while he was walking to the local shops.
At the time his killers were charged with murder but were convicted of manslaughter after their lawyer argued the so-called “gay panic” defence.
In 2008, only four years into a nine year sentence, one of men walked free, while the other will be considered for parole in a few months.
“They just left him there to die,” his mother Joyce Kujala says.
The ‘gay panic’ defence means a man can get away with murder if he says another man came onto him and, as archaic as it sounds, it’s still the law in Queensland and South Australia.
“‘Gay panic’ is a law that can get anybody out of murder, there’s not doubt about it,” she said.
Kujala, who also said her son had a girlfriend of ten years, believes it was simply used to lighten the sentence of his killers.
She also said CCTV footage proved Ruks made no physical advances on the men who killed him.
Regardless, she labelled the law “nonsense”.
Comedian Tom Ballard agrees and is urging people to back a campaign by Catholic bishop to have the law changed.
"The murder of a gay man is a lesser crime if we do what we all do, all the time and flirt with somebody," he explains in a video released to coincide with International Day Against Homophobia today.
Watch Ballard's full spiel on "gay panic" here (post continues after video):