Gay cops who were accused of having loose morals, targeted with vile homophobic slurs and suspected of taking drugs win landmark discrimination case against police

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Four police officers unfairly subjected to an internal drugs investigation because they were gay have won a landmark discrimination case against NSW Police.   

Christopher Sheehy, Steven Rapisarda, Shane Housego and Christian McDonald were targeted because they were homosexual, the NSW Civil and Administrative Tribunal said in a decision published Friday.

 Mr Sheehy, who has since left the force, said he was relieved the four-year battle was over.

Shane Housego, Christian McDonald, Chris Sheehy and Steven Rapisarda with lawyer Nicholas Stewart (centre) lodge papers at the NCAT in Sydney. The four men won a landmark anti-discrimination case against NSW Police on Friday

'It's overwhelming, I'm very relieved, this has been a long time coming,' he told the ABC on Friday.

'It was a career that I once wanted for life, however, ultimately I didn't feel like I was supported by my superiors,' he said.   

Lawyer for the men, Nicholas Stewart, said his clients would seek compensation for the financial and emotional stress they had been through. 

'This decision reflects that homophobia remains alive in pockets of every workplace, and employers need to do more to protect people, who are vulnerable to harassment and discrimination,' he told the ABC.

The entrance to Stonewall, a famous gay club in Darlinghurst, Sydney. Four police officers were unfairly presumed to be illegal drug takers because they were gay and went to Stonewall

Stephen Rapisarda and Shane Housego were among the four police officers who won the landmark victory after being unfairly targeted by NSW Police because of their sexuality

The four officers had all worked at Newtown station in Sydney's inner-west, where the Tribunal heard that in 2015 a 'culture of homophobia' had grown under then-Superintendent Simon Hardman, the head of Newtown Local Area Command.

The Tribunal heard colleagues of the men had referred to victims and offenders as 'gay c*nts', 'f**got' and 'l*zzo', the decision said.

Superintendent Hardman, now head of security at the University of Sydney, made a complaint about the four officers in 2015, stating he had suspicions they were taking drugs because they were homosexual, friends, enjoyed dance parties and went to gay-friendly clubs where drugs can be found.

The discriminatory complaint sparked a six-month internal drugs investigation of the men, which found no direct evidence of drug use. 

Superintendent Hardman began documenting the complaint after another officer who was friends with the men returned a hair sample that tested positive for drugs.

Christian McDonald (pictured) is one of four men to have won the landmark victory against discrimination at the NSW Civil and Administrative Tribunal on Friday

The complaint described the men as a 'close knit friendship group of homosexual like-minded NT Police', some of whom were 'notorious for their promiscuity'.

'Drug use is thought to be fundamental in such indiscriminate sexual encounters,' the complaint read. 

It analysed the group's sick leave to try to find a pattern of absences, and raised suspicions that the removal of body hair may be an attempt to avoid drug detection.

Superintendent Hardman's complaint concluded there was no direct evidence of drug taking and that he had no grounds to seek targeted drug testing of the group.

'At best, it is guilt by association and/or supposition based upon the anecdotal reputation of the group's loose morals and reckless behaviours,' his complaint read.

Christopher Sheehy (left) receiving an award from former Newtown Police Commander Simon Hardman. Mr Sheehy was discriminated against along with three other officers because he was gay. The group won a landmark battle against NSW Police on Friday

The officers had been working at Newtown Police Station (pictured) in Sydney's inner-west

'Their shaving down/sick leave/blocking days off could be easily explained in isolation as legitimate.'

Despite this, Superintendent Hardman's complaint said their regular attendance at gay-friendly venues Stonewall in Oxford Street, the Beresford Hotel in Surry Hills and The Ivy in George St, Sydney where drugs can be found was 'of concern'.

'Surry Hills Licensing Police advise that the Stonewall is a gay venue, catering specifically to its community with events and shows. It is very well known for drug supply and drug use,' the complaint read. 

'Even in the absence of evidence, I retain a genuine concern the group is actively involved in recreational/illegal drug use,' it concluded.

Former Commander Simon Hardman was suspicious of the men because they were homosexual, friends and would go to clubs such as Stonewall (pictured), The Beresford in Surry Hills and The Ivy in George St. The men won a landmark victory for anti-discrimination

The Tribunal found there was no evidence for the assertions of promiscuity made in the complaint, that the complaint itself found no evidence of drug use and that it presumed the police officers had taken drugs because they were homosexual. 

The complaint triggered an undercover drugs investigation in which the men were subjected to 'random' drug tests and surveillance during 2015. 

After the six-month investigation cleared the officers of drug use, the group launched legal action as they felt they were targeted because of their sexuality. 

On Friday the NSW Civil and Administrative Tribunal handed the group a landmark victory finding each officer had been unlawfully discriminated against by the complaint, known as Exhibit 2.

The Tribunal will on December 10 hear evidence of losses to determine how much NSW Police should pay the officers in damages over the illegal discrimination.

A police spokesperson told Daily Mail Australia on Saturday that NSW Police are reviewing the Tribunal decision and are considering their response.