The case is being seen as a victory for gay rights, in a country whose colonial legacy is dominated by strict Methodist values.
[1]) Unusually among common law countries, section 43 of the Fijian Constitution requires that the Fiji Bill of Rights be interpreted in light of "public international law" and so it was necessary for Judge Winter to call on this body of international standards in deciding the case.
The Commission also submitted that this was really a case of prosecution for the wrong offence and that the relevant authorities should have considered charging McCoskar and Nandan for trafficking in pornography under section 188 of the Penal Code.
It violates the universal human right to life, liberty, and freedom from slavery in all its forms.McCoskar in mitigation in the Magistrates Court had accepted that the photographs he took were intended for sale on the internet.
As such, the Fijian Government is obliged to play its role in helping curb the rising problem of trafficking in pornography and sexual exploitation of vulnerable groups of people, especially those who are poor.