Bute Park: QC denies victim blaming in homophobic attack case

Dr Gary Jenkins died 16 days after the attack last July

A senior barrister has denied victim blaming following comments he made in court about a psychiatrist who was murdered in a homophobic attack.

Dr Gary Jenkins died after the attack in Cardiff's Bute Park on 20 July.

Dafydd Enoch QC said he had been there for "sexual contact with like-minded men" and "his sexual predilections were to be his undoing", prompting criticism online and an apology from the CPS.

Prosecutor Mr Enoch has since said Dr Jenkins was in no way to blame.

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In response to the BBC, he said: "It was never my intention to apportion any blame on Dr. Jenkins."

The Crown Prosecution Service (CPS) said: "The only people responsible for this horrific crime were those convicted today by the jury. The suggestion that Dr Jenkins was in any way to blame is completely wrong.

"We apologise for inappropriate and insensitive remarks made during the opening statement."

Lee Strickland, 36, Jason Edwards, 25, and 17-year-old girl Dionne Timms-Williams, who was 16 at the time, were found guilty of Dr Jenkins' murder at Merthyr Tydfil Crown Court.

'Insensitive and wrong'

Stonewall says the remarks had put the responsibility on the victim rather than the perpetrators

Iestyn Wyn, campaigns, policy and research manager at Stonewall Cymru, said: "The responsibility being put on the victim rather than the perpetrators is obviously insensitive in our view and wrong as it is a distraction from the crimes that were committed by the perpetrators.

"Language is really important and at times language like this can distract from the fact that LGBTQ+ and people from all walks of life should be treated with respect and dignity and should not be targeted."

At the opening of the prosecution's case on 25 July, Mr Enoch told the jury: "Dr Jenkins was actively bisexual and when he moved back to Cardiff it would seem that this particular side of his character came to the fore."

He added: "He was open about it and his colleagues were well aware, including Dr Paul Cantrell, his line manager."

He said the psychiatrist was "in the habit of attending Bute Park in Cardiff at night looking for sexual contact with like-minded men".

"He would often drink heavily as well although he was thought of as fit and healthy and proud of his appearance," he said.

"Sadly, his sexual predilections were to be his undoing. By engaging in this activity, he rendered himself hopelessly vulnerable and was an easy target.

"By its very nature the activity was infused with risk."

He went on to say: "He did not deserve what happened to him. For all his peccadillos [minor faults or sins] he was a much-loved and admired individual."

'Completely unacceptable'

MS Jeremy Miles says the comments "illuminate a much larger picture about our attitudes to these kinds of crimes"

Following the opening of the trial, the openly gay member of the Senedd for Neath, Jeremy Miles, tweeted: "He was not 'undone' by his 'sexual proclivities'. He was brutally attacked, and died."

Speaking to BBC Wales, he said: "To hear in the court the language being used, that it was his sexual orientation that made him vulnerable to this, I think is completely unacceptable.

"We see this happening in a range of contexts, women being blamed for being attacked, gay men being blamed for being attacked - we have to move beyond that kind of language.

"It's not about the victim, it's not about their sexual identity, it's about the act of people who choose to attack and choose to kill... it illuminates a much larger picture about our attitudes to these kinds of crimes - we can't be in the situation where the victim is shamed in this way."

'Straight-up victim blaming'

Yan White says the comments felt "almost prehistoric"

Yan White, founder of The Queer Emporium, a shop dedicated to showcasing LGBTQ+ vendors in Cardiff, said: "It feels almost prehistoric nowadays for people to be trying to blame people's sexuality and what they're doing on what then happens to them, and especially in a case like this that is so harrowing.

"It's just straight-up victim blaming, there's no other way to put it really, it's quite clear-cut."

He said the case had been "heart-wrenching", adding: "There are physical attacks [on LGBT people] that happen all the time and often they don't make the headlines."

He said he took particular issue with the use of the word "peccadillos".

"The idea even, that these things are a flaw in someone, I take real issue with... the idea of cruising and stuff goes back hundreds of years, this isn't something which is new and it happens all over the world, largely out of necessity.

"This is not something which is a flaw in a person's character, it's unfortunately as a result of society and the way that people are treated."

He added: "I wouldn't want this person ever representing me, and I think he's probably just isolated himself from an entire community of people who would never want him to represent them after these comments that shows a clear bias against LGBTQ people."

Mr White said Mr Enoch should "consider their position" and learn "how to become a better ally to the [LGBT] community".

Following criticism of his remarks on social media, in court on Wednesday Mr Enoch said to the jury: "Let me talk to you about the concept of victim blaming.

"Gary Jenkins was in no way to blame for what happened to him."

He added: "Prosecution simply points to the fact that Dr Jenkins was indeed vulnerable in that park.

"We are clear that he bore no responsibility for being a victim. There are only three people who are responsible.

"I remain now, as I was in opening, at pains to remind you how highly regarded Dr Jenkins was as a human being and on every level."