The Law Society has rejected calls for the so-called “gay panic” defence to be abolished in South Australia.

Law Society president Rocco Perrotta has written to the Legislative Review Committee, arguing the partial defence of provocation should be available to defendants who lose self-control and kill someone.

The committee was reopened following Hallett Cove man Michael John Lindsey’s successful High Court appeal last month against a murder conviction, in which his lawyer argued that Andrew Negre, who was bashed to death in 2011, had caused Lindsay to lose control by making unwanted sexual advances.

In Perrotta’s letter, dated June 2 and released today, he argues that: “… the High Court in (Lindsey’s appeal) has demonstrated that the partial-defence can and does have regard to contemporary community attitudes and standards”.

“It is surprising, therefore, that the occasion of the delivery of Lindsey v R has been met with renewed calls for reform concerning the regrettably coined ‘gay panic defence’.

“The common law partial defence has a rationale which, when properly explained to the community, would be seen to be acceptable and consistent with social norms.

“Importantly, the partial-defence works to avoid an inappropriate murder conviction.”

Perrotta writes that because of the “substantial stigma associated with a conviction for murder” and the notion that a murder conviction requires “the mental element for murder” the defence remained necessary in common law.

Yesterday, the Human Rights Commission released a report on the rights of lesbian, gay, bisexual, transgender and intersex (LGBTI) people, calling for the “gay panic” defence to be abolished in South Australia and Queensland.

South Australian Greens MLC Tammy Franks has repeatedly called for the defence to be removed, arguing that it constitutes homophobia.