Refugee’s fresh start
THE Appeals Court has quashed a conviction against a Sri Lankan refugee who unintentionally assaulted a Cape York nurse.
From the beginning of 2012 Elango Ganeshalingham was held at the Scherger Immigration Detention Centre at Weipa and was considered a genuine refugee. In about 2006 he had been kidnapped by the Liberation Tigers of Tamil Eelam and taken to a training camp where he was forced to work for two years.
He was then jailed by the Sri Lankan government, during which time he says he was interrogated, tortured, beaten and starved, and only released after the Red Cross intervened.
The court heard that in June 2012 he was taken to Weipa Hospital, after a suicide attempt, where a nurse was kind to him and asked about his family as she took his vital signs.
Overcome with emotion he attempted to hug the nurse, instead Ganeshalingham sucked and gently bit her cheek before grabbing her with both hands on her bottom and breast during a fleeting touch.
As a result he received a suspended jail term and a conviction was recorded by the initial trial judge. “There is not a single sentencing precedent that would justify the imposition of a term of imprisonment in such a case,” Queensland Court of Appeal president Justice Walter Sofronoff said in a judgment published online.
Ganeshalingham, 38, had been diagnosed with suffering from post-traumatic stress disorder with flashbacks, nightmares and high anxiety levels.
Mr Sofronoff said the affect the assault had on the nurse was important, but so were the circumstances that led Ganeshalingham to commit the assault.
“(Ganeshalingham’s) overwrought emotional state and his nurse’s compassion and sympathy evidently urged him to seek to hug her in a way that was, to her, intrusive and shocking,” he said.
“The background of facts supports the conclusion that
and many more news websites across the News Corp network.
Simply use your subscription account to log in.
Digital + Delivery members will also receive a range of exclusive +Rewards, which include special offers, extras and exclusives, as well as a range off discounts and unique experiences to enjoy.
The special $1 a day offer will be valid for the first six months of the subscription. (Ganeshalingham’s) acts were not the result of a criminal intent to assault his helper. Rather he committed an assault because of a mistaken, but unreasonable, belief that his embrace would not be rejected.”
He had told one of his treating doctors that this had been the first act of kindness he’d received since arriving in Australia. The conviction was quashed and Ganeshalingham was released absolutely.