Nadan and McCosker had engaged in private, consensual, homosexual intercourse and had been charged pursuant to ss 175 and 177 of the Fijian Penal Code which criminalises carnal acts ‘against the order of nature’ and acts of ‘gross indecency’. They argued in the High Court that these provisions of the Penal Code were constitutionally invalid on the basis that they infringed provisions concerning privacy, equality, and freedom from degrading treatment. The court found in favour of the appellants, quashing their convictions, as well as reading down the offending sections to that they would continue to operate only in relation to non-consensual sexual acts.
Nadan & McCoskar v State, High Court of Fiji at Suva, 26 August 2005. [2005] FJHC 500
Judgment of the High Court of Fiji finding that appellant's human rights were infringed upon, and that criminalisation of same-sex activity between consenting adults is unconstitutional