Appeal court quashes guilty plea on ‘gay bash’ murder of Scott Johnson

A guilty plea for the 1988 ‘gay bashing’ murder of an American ­mathematician has been sensationally quashed.

Scott Johnson.

A guilty plea for the “gay bashing” murder of an American ­mathe­matician has been quashed in the NSW Court of Criminal Appeal after the convicted man argued that he made a “plea of convenience” earlier this year.

Scott White, who was convicted of the 1988 “gay bashing” murder of Scott Johnson, was in May sentenced to eight years and three months ­behind bars after he confessed to the crime during a pre-trial hearing in January.

That month, Mr White changed his plea submission during a pre-trial hearing, declaring his guilt to investigators. At the time, he was given a reduced sentence based on his admission of guilt, cognitive impairment and dysfunctional upbringing.

Mr White’s legal team told the court earlier this year their client did not know he was going to be ­arraigned on the morning of his guilty plea, arguing the matter should be tried in court.

“It is in the interests of ­justice that this issue be tried by a court as to the question of guilt,” Tim Game SC told the court in October, noting that Mr White’s plea had been “a plea of convenience”.

On Friday, the court granted Mr White leave to appeal, quashing his conviction and remitting the matter to the Supreme Court.

An earlier ruling by judge Helen Wilson ruled Mr White had ­attacked and murdered Johnson in December 1988, but Chief Justice Andrew Bell and judges Richard Button and Natalie Adams set aside her dismissal of Mr White’s application to withdraw the plea of guilty.

In October, NSW Director of Public Prosecutions Sally Dowling SC said several experts in the murder trial expressed the view that Mr White was able to “convey a clear understanding” of the ­nature of the charge, despite cognitive impairments. The crown argued that experts had said Mr White understood all questions put to him in the interview and ­answered logically throughout, but did not dispute his verbal functioning was “in the low range”.

Investigations into Johnson’s death began after his naked body was discovered by fishermen at the foot of Sydney’s Bluefish Point, near Manly.

NSW police initially believed Johnson took his own life and the case went cold for decades, despite the Johnson family long advocating for further investigations and several coronial inquests. It was not until a third inquest in 2017 that suicide was discounted and he was found to be the victim of a gay-hate attack, with the coroner criticising the initial investigation as grossly inadequate.

Detective Chief Inspector Peter Yeomans, officer in charge of the strike force investigating Johnson’s death, said he was disappointed by the court’s decision. “The matter has still got to go back to trial. The Johnson family are very disappointed,” he said.

The family had campaigned for more than 30 years for Johnson’s death to be properly investigated, with his brother putting up a reward of $1m of for information.

Mr Yeomans said he remained in close contact with the family, who watched Friday’s judgment via video link from the US.