An Australian man has won his appeal against a gay sex conviction in Fiji.
Thomas Maxwell McCosker plans to return home to Victoria today after a Fiji High Court judge overturned on constitutional grounds his conviction and two-year jail sentence.
Mr McCosker was arrested in April during a holiday in Fiji and had been unable to leave the country before the appeal was concluded.
His co-defendant, Fiji man Dhirendra Nadan, was also acquitted, telling reporters his prayers had been answered.
The Lautoka High Court judge Justice Gerard Winter said the men's convictions were invalid because they were inconsistent with the 1997 Constitution's protection of privacy and equality.
But his judgment only applied to homosexual acts in private.
