LGBT group slams Australia court over ‘unjust verdict’ in trans Pinay’s death

LGBTQIA+ advocacy group Bahaghari on Wednesday said the Australian government must be held accountable for an Australian court's ruling in a case involving the death of a transgender Filipina. On September 21, 2019, police received a complaint from a house in Tarcutta Street in the city of Wagga Wagga in New South Wales. Mhelody Bruno, 25, was brought to the hospital, where she died the next day. According to reports, former Royal Australian Air Force (RAAF) corporal Rian Toyer, now 33, claimed that Bruno's death was an accident during an act of consensual erotic asphyxiation. In a statement, Bahaghari alleged that consent was never established, "yet undue weight was given to the Australian soldier’s testimony anyway." New South Wales District Judge Gordon Lerve initially sentenced Toyer to an Intensive Correction Order and 500 hours' community service, and no jail time. Days later, Lerve resentenced Toyer to 22 months' imprisonment including 12 months of parole, after it was learned that Australian law does not permit manslaughter to go without jail time. Bahaghari, which called the initial sentence a "blatant distortion of justice," also derided the new sentence as "absurd." "Apparently, if an Australian soldier kills a trans woman Filipina, he can walk away scot-free after less than 2 years of jail time," the group said. "Judge Gordon Lerve even appallingly stated that it was a 'matter of considerable regret' that he could not prevent Toyer from serving jail time. "It must be said that it is this same Judge Gordon Lerve that had previously sentenced 3 young people of color to 7.5 years of imprisonment over a non-fatal incident. The same Judge that now suddenly expresses grief over giving a killer 2 years of jail time for killing a trans woman Filipina. "The sheer fact that one could perform minor violations and be jailed for far longer than if one admits to killing a trans woman speaks volumes on the value that the Australian government places on the lives of transgender women, most especially trans woman Filipinas," it added. Bahaghari added that it condemns the "shamelessly cruel and unjust verdict" handed down by the Australian court. "We will not cease in holding the Australian government to account until justice for Mhelody is served—beginning with a full murder conviction for Rian Toyer," it added. Bahaghari also slammed the Duterte administration over its alleged silence on the matter. "We also raise our voices as a community to condemn the silence of the Duterte regime. Despite repeated cries for help by Mhelody Bruno’s family to the Philippine government, Duterte has refused to take a principled stand and demand justice," the LGBTQIA+ community organization said. To mark international transgender day of visibility, commemorated on March 31, Bahaghari said it will continue to call for justice for Bruno. "It is no secret that transgender individuals face prejudice, hatred, and gender-based violence in the form of physical abuse, sexual exploitation, and denial of social justice—most especially by their own leaders in government," the group wrote. "It is in this spirit that we, the Filipino LGBTQ+, highlight the blatant denial of justice for our trans woman sister, Mhelody Bruno," it added. GMA News Online has sought comment from the Australian Embassy in the Philippines on the matter. — Consuelo Marquez/BM, GMA News