An inquiry into gay hate crimes has heard there is a "distinct possibility" the murders of two men in Sydney in the '90s were motivated by LGBTQI bias.
Kenneth Brennan was found naked and brutally stabbed to death in the apartment he shared with his partner in Sydney's Elizabeth Bay.
The 53-year-old history teacher was seen on a Sunday night in June of 1995 attending Kingsteam Sauna, a popular cruising venue for gay men.
His partner, who had been staying with a mutual friend that weekend, returned home on June 12 to find his naked body at the entrance to the living room.
Investigators found the bed was heavily stained with blood as well as the walls, floors and other items throughout the home.
The killer's identity remains unknown despite a police investigation and an inquest.
Counsel Assisting Claire Palmer said the killer may have been "homosexual or homophobic" due to the evidence of sexual intercourse found at the scene, a lack of evidence of any robbery or theft as well as the sponging down and positioning of Mr Brennan's body.
A condom on the ring of the toilet bowl was found to contain semen as well as underwear in the bedroom. Neither were forensically tested.
On the night Mr Brennan was believed to have been killed there was at least one unknown male who was a sexual partner in the apartment, according to evidence.
If Mr Brennan was killed by this male who he brought into the apartment for sex "there is a distinct possibility, arguably rising to the level of probability, that the crime was in fact a hate crime," Ms Palmer said.
However, if Mr Brennan was killed by his partner - a possibility that "cannot be excluded" - the motive was likely jealousy, she said.
Ms Palmer ultimately concluded the evidence that Mr Brennan's death was motivated by LGBTQI bias is "inconclusive".
Three months prior to the murder, James Meek was found dead in the hallway of his inner-Sydney unit in Surry Hills in March of 1995.
Although the 51-year-old was found with bruising and some blood on the back of his head, police initially determined his cause of death as a heart attack.
Counsel Assisting Rebecca McEwen said Mr Meek was known as an "out gay man" and the evidence suggested he was killed by a sexual partner.
Ms McEwen said investigating officers at first "dismissed the possibility of homicide" and prematurely released the crime scene.
This decision meant "significant evidence" such as a used condom and a handkerchief found next to two open packets of lubricant in Mr Meek's bedroom were never collected or tested.
The court heard Michael Alan Heatley stayed with Mr Meek on the night or some nights before he was found dead.
Mr Heatley was believed to have had a sexual relationship with Mr Meek and was originally charged but then acquitted for the murder based on questionable witness testimony.
Mr Heatley denied to police he had a sexual relationship with Mr Meek and was believed to have held "negatives attitudes towards gay men".
An unrelated homicide he was found to have committed was determined to have had "marked similarities" to the murder of Mr Meek, and other crimes committed by Mr Heatley suggested a gay hate bias.
"There was undoubtedly evidence of bias crime," Ms McEwen told the court.