Murder of George Duncan
Encyclopedia
George Duncan was a law lecturer at the University of Adelaide
who drowned on 10 May 1972 after being thrown into the River Torrens
by a group of men believed to be police officers. His murder was significant because public outrage generated by the murder became the trigger for homosexual law reform that led to South Australia
becoming the first Australian State to decriminalise homosexuality.
, London
, the only child of New Zealand
born parents Ronald Ogilvie Duncan (d.1952) and his second wife Hazel Kerr née
Martell (d.1944). Emigrating to Victoria
in 1937, Duncan attended Melbourne Grammar School
, graduating dux in 1947. While taking an honours degree in classical philology
at the University of Melbourne
his studies were interrupted in 1950 after contracting tuberculosis
. In 1957 Duncan entered St John's College, Cambridge
, where he was awarded a B.A.
in 1960; a Bachelor of Laws
in 1961; an M.A. in 1963 and a Ph.D.
in 1964. From 1966 to 1971 he taught law part time at the University of Bristol
and published his doctoral thesis in 1971.
Relatively wealthy, Duncan returned to Australia on 25 March 1972 to take up a lectureship in law at the University of Adelaide
, moving into Lincoln College, North Adelaide. Six weeks later he was thrown from the southern bank of the River Torrens
, near Kintore Avenue, and drowned.
" as it was then known, was a popular place for homosexuals to meet. Around 11.00 p.m. on 10 May 1972, Duncan and Roger James were both thrown into the river and Duncan, a frail man with one lung, drowned. James suffered a broken ankle and after crawling to the road, was rescued by a passing driver, Bevan Spencer von Einem
, who then took him to the Royal Adelaide Hospital
. By the time a television crew arrived, Duncan's body had already been pulled from the river by police. The body was returned to the river to allow the crew to film its recovery.
George Duncan is buried in Centennial Park Cemetery
.
offered government protection to witnesses after it was reported that they feared for their lives. Within days of the murder it was suspected that the group of men who killed Duncan were three senior Vice Squad police
officers. Witnesses claimed that the detectives were also accompanied by a tall civilian who was never identified. The detectives were called upon to give evidence at the Coronial Inquiry but they refused to answer any of the questions put to them and were subsequently suspended from duty and eventually resigned. The coroner returned an open finding on 5 July 1972. The subsequent police investigation, which called the incident a "high spirited frolic gone wrong", failed to find sufficient evidence to prosecute any of the officers.
Public debate was so great that Premier Dunstan permitted police commissioner, Harold Salisbury, to call in detectives from New Scotland Yard
, London to investigate the murder. Their report, which has never been made public, led to the crown solicitor announcing on 24 October 1972 that he had decided against proceeding with any prosecution.
On 30 July 1985 former Vice Squad officer Mick O'Shea told The Advertiser
newspaper that the group involved were Vice Squad officers and that there was a cover-up to protect them. On 5 February 1986 three former Vice Squad officers, Brian Hudson, Francis Cawley and Michael Clayton were charged with the manslaughter of Dr. Duncan. Cawley and Clayton eventually went to trial in 1988 with both being acquitted of the charges on 30 September after refusing to testify. During the trial, O'Shea made specific allegations that it was a common practice for Vice Squad officers to throw homosexuals into the river, that certain members assaulted homosexuals and that on one occasion they had chased an individual while firing shots. A further allegation was later raised that there had been an attempt to influence a juror to find the two officers charged not guilty. A police task force was set up, reporting to Parliament in 1990 that there was insufficient evidence to charge any person with the murder. Repeated calls for a Royal Commission have been ignored.
. As a result of the media attention, Murray Hill, a Liberal party
member of the Legislative Council
, introducing a bill on 26 July 1972 to amend the Criminal Law Consolidation Act (1935-1971) that criminalised homosexuality. The amendment was assented to on 9 November 1972, however a further amendment weakened it to only allow a legal defense for homosexual acts committed in private. In 1973 the Labor
Member for Elizabeth
, Peter Duncan
introduced the Criminal Law (Sexual Offences) Bill into Parliament which, although passed by the Lower House
was defeated twice in the Legislative Council. On 27 August 1975 the unaltered bill was again introduced, defeated, reintroduced, defeated, reintroduced a third time and passed, all on the same day, making South Australia
the first Australian State to fully decriminalise homosexuality.
Also on 10 May, Radio Adelaide
broadcast a feature documentary The Killing of Dr George. On 1 October, the South Australia Institute of Justice Studies awarded a special commendation to Radio Adelaide, praising the documentary for its historical significance and inclusion of comment from people who had been gay activists at the time of Duncan's death.
The National George Duncan Memorial Award was inaugurated in 2004. The award is presented for an outstanding piece of work contributing to legal reform and the betterment of the Australian lesbian, gay, queer, bisexual, transgender or intersex community.
University of Adelaide
The University of Adelaide is a public university located in Adelaide, South Australia. Established in 1874, it is the third oldest university in Australia...
who drowned on 10 May 1972 after being thrown into the River Torrens
River Torrens
The River Torrens is the most significant river of the Adelaide Plains and was one of the reasons for the siting of the city of Adelaide, capital of South Australia. It flows from its source in the Adelaide Hills near Mount Pleasant, across the Adelaide Plains, past the city centre and empties...
by a group of men believed to be police officers. His murder was significant because public outrage generated by the murder became the trigger for homosexual law reform that led to South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
becoming the first Australian State to decriminalise homosexuality.
Early life
George Duncan was born on 20 July 1930 at Golders GreenGolders Green
Golders Green is an area in the London Borough of Barnet in London, England. Although having some earlier history, it is essentially a 19th century suburban development situated about 5.3 miles north west of Charing Cross and centred on the crossroads of Golders Green Road and Finchley Road.In the...
, London
London
London is the capital city of :England and the :United Kingdom, the largest metropolitan area in the United Kingdom, and the largest urban zone in the European Union by most measures. Located on the River Thames, London has been a major settlement for two millennia, its history going back to its...
, the only child of New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
born parents Ronald Ogilvie Duncan (d.1952) and his second wife Hazel Kerr née
NEE
NEE is a political protest group whose goal was to provide an alternative for voters who are unhappy with all political parties at hand in Belgium, where voting is compulsory.The NEE party was founded in 2005 in Antwerp...
Martell (d.1944). Emigrating to Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....
in 1937, Duncan attended Melbourne Grammar School
Melbourne Grammar School
Melbourne Grammar School is an independent, Anglican, day and boarding school predominantly for boys, located in South Yarra and Caulfield, suburbs of Melbourne, Victoria, Australia....
, graduating dux in 1947. While taking an honours degree in classical philology
Philology
Philology is the study of language in written historical sources; it is a combination of literary studies, history and linguistics.Classical philology is the philology of Greek and Classical Latin...
at the University of Melbourne
University of Melbourne
The University of Melbourne is a public university located in Melbourne, Victoria. Founded in 1853, it is the second oldest university in Australia and the oldest in Victoria...
his studies were interrupted in 1950 after contracting tuberculosis
Tuberculosis
Tuberculosis, MTB, or TB is a common, and in many cases lethal, infectious disease caused by various strains of mycobacteria, usually Mycobacterium tuberculosis. Tuberculosis usually attacks the lungs but can also affect other parts of the body...
. In 1957 Duncan entered St John's College, Cambridge
St John's College, Cambridge
St John's College is a constituent college of the University of Cambridge. The college's alumni include nine Nobel Prize winners, six Prime Ministers, three archbishops, at least two princes, and three Saints....
, where he was awarded a B.A.
Bachelor of Arts
A Bachelor of Arts , from the Latin artium baccalaureus, is a bachelor's degree awarded for an undergraduate course or program in either the liberal arts, the sciences, or both...
in 1960; a Bachelor of Laws
Bachelor of Laws
The Bachelor of Laws is an undergraduate, or bachelor, degree in law originating in England and offered in most common law countries as the primary law degree...
in 1961; an M.A. in 1963 and a Ph.D.
Doctor of Philosophy
Doctor of Philosophy, abbreviated as Ph.D., PhD, D.Phil., or DPhil , in English-speaking countries, is a postgraduate academic degree awarded by universities...
in 1964. From 1966 to 1971 he taught law part time at the University of Bristol
University of Bristol
The University of Bristol is a public research university located in Bristol, United Kingdom. One of the so-called "red brick" universities, it received its Royal Charter in 1909, although its predecessor institution, University College, Bristol, had been in existence since 1876.The University is...
and published his doctoral thesis in 1971.
Relatively wealthy, Duncan returned to Australia on 25 March 1972 to take up a lectureship in law at the University of Adelaide
University of Adelaide
The University of Adelaide is a public university located in Adelaide, South Australia. Established in 1874, it is the third oldest university in Australia...
, moving into Lincoln College, North Adelaide. Six weeks later he was thrown from the southern bank of the River Torrens
River Torrens
The River Torrens is the most significant river of the Adelaide Plains and was one of the reasons for the siting of the city of Adelaide, capital of South Australia. It flows from its source in the Adelaide Hills near Mount Pleasant, across the Adelaide Plains, past the city centre and empties...
, near Kintore Avenue, and drowned.
Death
As homosexuality was still illegal in South Australia at that time, the banks of the Torrens River, or "Number 1 beatGay beat
In Australia, the term beat is used to refer to an area frequented by gay men and non-gay-identifying men who have sex with men who are cruising for casual sex, and where sexual acts occur. This use of the word parodies the beat walked by a police officer or a prostitute...
" as it was then known, was a popular place for homosexuals to meet. Around 11.00 p.m. on 10 May 1972, Duncan and Roger James were both thrown into the river and Duncan, a frail man with one lung, drowned. James suffered a broken ankle and after crawling to the road, was rescued by a passing driver, Bevan Spencer von Einem
Bevan Spencer von Einem
Bevan Spencer von Einem , also known as Bevan von Einem , is a convicted child murderer from Adelaide, South Australia...
, who then took him to the Royal Adelaide Hospital
Royal Adelaide Hospital
The Royal Adelaide Hospital is Adelaide's largest hospital, with 680 beds. Founded in 1840, the Royal Adelaide provides tertiary health care services for South Australia and provides secondary care clinical services to residents of Adelaide's city centre and inner suburbs.The hospital is situated...
. By the time a television crew arrived, Duncan's body had already been pulled from the river by police. The body was returned to the river to allow the crew to film its recovery.
George Duncan is buried in Centennial Park Cemetery
Centennial Park Cemetery
Centennial Park Cemetery is a large, 40.5 hectare cemetery in the southern Adelaide suburb of Pasadena, located at along Goodwood Road. It is the largest cemetery in the southern suburbs and one of the largest in the Adelaide metropolitan area...
.
Investigations and trial
James declined to identify his attackers and the Premier of South Australia Don DunstanDon Dunstan
Donald Allan "Don" Dunstan, AC, QC was a South Australian politician. He entered politics as the Member for Norwood in 1953, became state Labor leader in 1967, and was Premier of South Australia between June 1967 and April 1968, and again between June 1970 and February 1979.The son of a business...
offered government protection to witnesses after it was reported that they feared for their lives. Within days of the murder it was suspected that the group of men who killed Duncan were three senior Vice Squad police
Police
The police is a personification of the state designated to put in practice the enforced law, protect property and reduce civil disorder in civilian matters. Their powers include the legitimized use of force...
officers. Witnesses claimed that the detectives were also accompanied by a tall civilian who was never identified. The detectives were called upon to give evidence at the Coronial Inquiry but they refused to answer any of the questions put to them and were subsequently suspended from duty and eventually resigned. The coroner returned an open finding on 5 July 1972. The subsequent police investigation, which called the incident a "high spirited frolic gone wrong", failed to find sufficient evidence to prosecute any of the officers.
Public debate was so great that Premier Dunstan permitted police commissioner, Harold Salisbury, to call in detectives from New Scotland Yard
Scotland Yard
Scotland Yard is a metonym for the headquarters of the Metropolitan Police Service of London, UK. It derives from the location of the original Metropolitan Police headquarters at 4 Whitehall Place, which had a rear entrance on a street called Great Scotland Yard. The Scotland Yard entrance became...
, London to investigate the murder. Their report, which has never been made public, led to the crown solicitor announcing on 24 October 1972 that he had decided against proceeding with any prosecution.
On 30 July 1985 former Vice Squad officer Mick O'Shea told The Advertiser
The Advertiser (Australia)
The Advertiser is a daily tabloid-format newspaper published in the city of Adelaide, South Australia. First published as a broadsheet named "The South Australian Advertiser" on 12 July 1858, it is currently printed daily from Monday to Saturday. A Sunday edition exists under the name of the Sunday...
newspaper that the group involved were Vice Squad officers and that there was a cover-up to protect them. On 5 February 1986 three former Vice Squad officers, Brian Hudson, Francis Cawley and Michael Clayton were charged with the manslaughter of Dr. Duncan. Cawley and Clayton eventually went to trial in 1988 with both being acquitted of the charges on 30 September after refusing to testify. During the trial, O'Shea made specific allegations that it was a common practice for Vice Squad officers to throw homosexuals into the river, that certain members assaulted homosexuals and that on one occasion they had chased an individual while firing shots. A further allegation was later raised that there had been an attempt to influence a juror to find the two officers charged not guilty. A police task force was set up, reporting to Parliament in 1990 that there was insufficient evidence to charge any person with the murder. Repeated calls for a Royal Commission have been ignored.
Legal impact
The murder attracted national media coverage and public outrage resulted in Duncan being held up as a martyr by the Gay Rights movementLGBT social movements
Lesbian, gay, bisexual, and transgender social movements share inter-related goals of social acceptance of sexual and gender minorities. Lesbian, gay, bisexual, and transgender people and their allies have a long history of campaigning for what is generally called LGBT rights, also called gay...
. As a result of the media attention, Murray Hill, a Liberal party
Liberal Party of Australia
The Liberal Party of Australia is an Australian political party.Founded a year after the 1943 federal election to replace the United Australia Party, the centre-right Liberal Party typically competes with the centre-left Australian Labor Party for political office...
member of the Legislative Council
South Australian Legislative Council
The Legislative Council, or upper house, is one of the two chambers of the Parliament of South Australia. Its central purpose is to act as a house of review for legislation passed through the lower house, the House of Assembly...
, introducing a bill on 26 July 1972 to amend the Criminal Law Consolidation Act (1935-1971) that criminalised homosexuality. The amendment was assented to on 9 November 1972, however a further amendment weakened it to only allow a legal defense for homosexual acts committed in private. In 1973 the Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...
Member for Elizabeth
Elizabeth, South Australia
Elizabeth is a northern suburb of Adelaide, South Australia. It is located in the City of Playford.-History:Elizabeth was established in 1955 as part of a planned satellite town by the South Australian Housing Trust on rural land between the older towns of Salisbury and...
, Peter Duncan
Peter Duncan (Australian politician)
Peter Duncan was an Australian Labor Party politician and one of the relatively few members of parliament to have not only served in both a state and national parliament, but also served as a minister in both cases....
introduced the Criminal Law (Sexual Offences) Bill into Parliament which, although passed by the Lower House
South Australian House of Assembly
The House of Assembly, or lower house, is one of the two chambers of the Parliament of South Australia. The other is the Legislative Council. It sits in Parliament House in the state capital, Adelaide.- Overview :...
was defeated twice in the Legislative Council. On 27 August 1975 the unaltered bill was again introduced, defeated, reintroduced, defeated, reintroduced a third time and passed, all on the same day, making South Australia
South Australia
South Australia is a state of Australia in the southern central part of the country. It covers some of the most arid parts of the continent; with a total land area of , it is the fourth largest of Australia's six states and two territories.South Australia shares borders with all of the mainland...
the first Australian State to fully decriminalise homosexuality.
Memorials
On 10 May 2002, the 30th anniversary of Duncan's death, a memorial monument was erected near the site of the murder.Memorial Inscription—
"In memory of Dr George Duncan, whose death by drowning on 10th May, 1972, near here, at the hands of persons unconvicted, precipitated homosexual law reform in South Australia, making it the first state in Australia in 1975 to decriminalise homosexual relations."
Also on 10 May, Radio Adelaide
Radio Adelaide
Radio Adelaide is Australia's first community radio station; established by Adelaide University in 1972. It broadcasts from street front studios on North Terrace, Adelaide...
broadcast a feature documentary The Killing of Dr George. On 1 October, the South Australia Institute of Justice Studies awarded a special commendation to Radio Adelaide, praising the documentary for its historical significance and inclusion of comment from people who had been gay activists at the time of Duncan's death.
The National George Duncan Memorial Award was inaugurated in 2004. The award is presented for an outstanding piece of work contributing to legal reform and the betterment of the Australian lesbian, gay, queer, bisexual, transgender or intersex community.