ABOUT THIS EPISODE

There is a way you can take a gay murder and make it not a gay murder. You get a good lawyer. This is what happened in 2011 to the brutal killing of Andrew Negre - a case that continues to bounce around the legal system.
Listed as iTunes Best Podcasts of 2015, True Stories returns with Season Three: a special five-part investigation into the untold true stories of Adelaide's gay-hate murders, told by award-winning Australian journalist, Mark Whittaker. The series is adapted from Mark's true crime long-read which will be published online at the end of the series.
True Stories Season Three is inspired by the SBS network event Deep Water - a drama, documentary and online investigation unearthing gripping true crime stories and a buried chapter of Australia’s recent history.
sbs.com.au/truestories
Journalist: Mark Whittaker
Producers: Gina McKeon & Martin Peralta
Mix, Music and Sound Design: Martin Peralta
Additional music: Gonzalo Peralta
Illustrator: Jeremy Lord
Commissioned by: Ben Naparstek & Kylie Boltin
Actor: Laurence Coy & Chris Leben
#SBSTrueStories
True Stories is commissioned and produced by Australia's multicultural broadcaster, SBS.
English
United States
explicit content

TRANSCRIPT

00:00:00this podcast is classified m a 15 plus and is not suitable for listings under the age of 15 it contains strong adult themes and violence
00:00:15it was the discovery no one wished for
00:00:23and the police calls turned off and they closed off both ends of the roads that nobody was allowed to go near there
00:00:30we are investigating this matter is a muda
00:00:33and that's when you realize that actually found a body
00:00:40Andrew negri had a million of Shaunie light brown hair that reached and was Weist it was a top of like if you walked into a pop and didn't know anyone with a dozen you best friends
00:00:532011 Andrew was 37 he was in the bar in southern Adelaide was around. He was just about to strike out one of those new friendships
00:01:06an hour earlier Andrew's girlfriend Fionna up in an hour and a half she's wanting to come behind because it was getting life but Andrew one of the potty
00:01:17it would be dead Before Sunrise
00:01:25Andrews murder case is an example of how in South Australia and Queensland I suspected guy motor can become not a guy Moon which I've shown it briefly in an earlier episode beside cold guy Panic defense
00:01:42Andrew's girlfriend of lift Pub Mary was flying solo at me not when Mark Lindsay walk through the door his sisters in a few nights in time and Andrew being the God he was looking for some company strike up a bit of a conversation and hit it off with him right away
00:02:01around 1:30 in the morning and roonies new crew of friends left together I did back to Michael's place with a cracked open another round of prey makes bourbon teenies
00:02:13around this time and his girlfriend Fiona woke up in a better line wondering where it was she raised fun was answered by his new friend Michael who told her to come on I've been going on Sophia Anna jumped in a cab
00:02:31Truett Marcos place and hung around for a while even though it seemed to her that everyone else was having a good time and as much as Mark Wilmot of tried to get her into the swing of things she just wasn't into it
00:02:43Tiana was I've heard that not yelling and swearing Andrew wondering why did dying of a relationship while hanging out of the potty with people he didn't even know
00:02:53she called a cab and left Michael told Andrew he was cool to stay the night if you wanted and the group keep drinking out of the pagala
00:03:05Michael sister Ashley would record someone making a comment that not about someone being guy
00:03:11next time they was Andrew straddling Michael's lap and moving his hips backwards and forwards having a life the whole group sword and Hood Michael tell him to stop
00:03:23and you apologize to Marco for straddling him Uncle accepted at what following excerpt from the court documents read by actors guy or I'll hit you up partner the mother of his son wasn't impressed she growled something at inside she wanted this bike out of it but Mark wasn't like hickeys gas stay out
00:03:50Andrew Todd Michael said he could have a bed upstairs Andrew said he didn't want to be alone but he wanted to sleep with Michael Michael declined and somewhere in there several people live in hood and Reese I will pay you for sex then into the ground. It was no resistance
00:04:18Mark erase down grabbed Andrew boys long hair and started lying and doing again to the floor
00:04:26Marco and Kodak to restrain blue Catchings and told him to hold Andrew down so he could go through his pockets
00:04:34it didn't stop play kissing Andrew and stomping on his head by Bridgit mauled Wars Town emulator Android
00:04:47terrified Bridget to refuge in a bedroom she peed out through a crack in the door
00:04:53predaceous Walmart and Luke are the sort of Andrews lifeless body Marco had a knife in his hand and he had gloves on
00:05:03Ben it was a furious drumming of North lies to Andrews chest at least 25 hits and his throat was slit
00:05:14Marcus flat night Bridget didn't say who delivered those final blows
00:05:19she says Marco been coming to her room and told her to clean up the mess she declined for the rest of my life on us just to go yes at this conversation to place
00:05:37Martin Luke dump Andrews body in a wheelie bin data than a black rake it was found a week later Michael install the Subaru Liberty Rob the convenience store and was captured a few guys lighter 100 kilometers away in Thailand band
00:05:57it was the discovery no one wished for just hours after missed an egg rice family made an emotional plea for him to come home a buddy believed to be his was found in these bushes near Glade prison
00:06:10and the police calls turned off and they closed off both into the roads if nobody was allowed to go near there and that's when you realize that actually found a body
00:06:27when the guys went to draw Luke hatchings admitted slitting and ruin a dry throat but said it was his friend Michael Lindsey but already killed him with those 25 North was mark on his part argued that it wasn't him that killed him it was all Luke
00:06:44but the jury fanwalk will guilty of murder and the judge sentenced him to life with a 23-year nonpareil.
00:06:53This is where the guy Panic defense comes in his legal team appeal the decision on the basis that provocation was not properly to the jury basically Andrew cracked on the Marco Marco was provoked causing him to react violently location but of insanity
00:07:20the logic went that the accused would save a deceased person had made a homosexual Advance towards them and the dad treated a light and homosexuality in the accused that was a king to a bad of insanity because back then being homosexual was considered a mental illness
00:07:38this Insanity then cause they choose to inflict phyto violence on the victim and because of the time of death the accused was considered to be in sign that couldn't be held legally responsible for their actions and couldn't be found guilty of murder
00:07:55since I'm a sexuality is not officially been considered a mental illness since 1973 the defense is more can go more straightforward matter of time under me and I flipped out and it's legal defense can still be used in court in both coins land and South Australia
00:08:14Michael Lindsey appeared on these grams is a surprise was that he did not kill Andrew negri and he had no reason to calendar it was a prosecution who presented the evidence of provocation to shine my teeth but I didn't do it so strongly that it turn that motive in an excuse for murder
00:08:38I need an iMac Lindsay's lawyers did not use the guy Panic defense a trial the judge was still required to tell the jury that if I didn't believe his version of events and if he really did do the stabbing like wood stool van that Markle Lindsay was provoked into it for the homosexual advance from Andrew which would change the conviction from murder and manslaughter
00:09:04this is how the judge explain it to the jury
00:09:08in considering provocation there two questions which you must ask first is it a reasonable possibility but what the deceased did or said cause mr. Lindsay to temporarily Lose Yourself control and to kill mr. negri whilst he was not in control of himself
00:09:28second is it a reasonable possibility the what the deceased detour said might cause an ordinary person in the position of the accused to lose his or her self-control and do what the accused in fact did the judge to explain losing self-control means what it says it must be more than me or anger or Panic must be such as in a case like this it causes the accused blood to boil to the extent where raisin has been temporarily suspended
00:10:02if you can see that the accused mr. Lindsay was so perfect then you must consider whether the conduct is capable of causing an ordinary person to lose self-control
00:10:16in the end the jury did think that Mark Lindsay was guilty the grabbing a black by the hair and smashing his face into the floor kicking him pulling his tree houses off and stabbing in 25 x was not a y a notary person correct
00:10:32the South Stratton appeal court agreed but when the guys went to the high court of Australia the justices disagreed
00:10:41guy found that not enough emphasis is being put on the fact that the only person is not a single Bane the jury have to consider the ordinary person to be of the same rice age ethnicity and personal background is the accused that to take into account that an offer of money for sex made by Caucasian man to an Aboriginal man in his own home and in the presence of his wife and family had a pungency such an advanced would not have the rest of us
00:11:12the high court ordered the Rachel and Michael went back before jury
00:11:17who's again found guilty of Andrews murder and has a game launched an appeal against that conviction
00:11:27the case of Andrew Negroes murder is ongoing
00:11:31what's with all the stories in the series his murder and the cases of Jim blackson's dr. George Duncan diverge on site there's no resolution there no answers and no conclusions but there are lessons with trispectra dick eyes of South Australia's history and the treatment of lesbian gay bisexual transgender queer and intersex paper remind very much account issue
00:11:56the recent Melbourne study showed that seven out of ten lgbtqi people still don't report assault and harassment
00:12:062010 studying coins Blanchard 23% of lgbtqi people have been victims of assault in their lifetime three times the state average
00:12:19there is some good news police forces across the country of Niger huge advances in the wild idea with lgbtq our communities Australian place now have lesbian and gay liaison offices to breach the gaping Chasm that is a starkly existed and still exists between the two solids and Supremes that's needed guy bashings and mode is continue
00:12:42as recently as 2015 two men were convicted of the Vigilante Stahl murder of 48 year old worn bachelor in a purse toilet block there I'm to read the area of gay men penis instance institutions dealt with a case appropriately and The Killers was sentenced to jail for long stretches
00:13:02this outcome a conclusion Justice is the least that the victim's we've heard about in this investigation could have hoped for
00:13:24True Story season 3 is inspired by day. SPSS first cross-platform Network event head to sps.com. I used wood / true stories for more details
00:13:40these stories are adapted from Aqua teak has long red investigation into a series of Adelaide gay hate motors which will be published online at the end of the season true stories is an SPS on my production told by Mark Whitaker Music and Sound by Martin for Alta produced by Janie McEwen illustrations by Jeremy Lord and commissions by Kylie Bolton and then the Bostitch

Transcribed by algorithms. Report Errata
Disclaimer: The podcast and artwork embedded on this page are from SBS Television and Online, which is the property of its owner and not affiliated with or endorsed by Listen Notes, Inc.

EDIT

Thank you for helping to keep the podcast database up to date.
ELSEWHERE

RECOMMENDATIONS