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04 Jan 2012

Editor's blog: Stephen Lawrence, Chokhar and Hadrian's judicial wall

England's police, prosecution service and its entire legal culture have been wrenched towards modernity by the catalyst of the Stephen Lawrence case, leading to yesterday's watershed prosecutions for his racist murder.  In Scotland, we have a long way to go before our system can match the progress so far shown down south.

 

It has been a long road towards justice for Stephen Lawrence, and a finishing line of sorts was crossed with the conviction of two men for his murder. The innate failings of the English justice system exemplified by the case led to significant overhaul reform and recognition that the "institutional racism" of London's police could no longer be tolerated. The world isn't perfect, but it is improved as a result of the campaign driven reforms brought about since that awful murder almost 19 years ago.



A BBC reporter asked yesterday if the two guilty verdicts signified a new maturity in UK society, in it's attitude to race in justice. Their correspondent Mark Easton, whose reports bookended the case over 19 years, said Britain was more at ease with its multucultural status, and the Guardian said last night that the case has changed Britain. However, it is difficult to conclude that the active steps taken and the progress achieved in England is in any sense mirrored in Scotland.

In both jurisdictions, institutional racism has been acknowledged, but Hadrian's judicial wall has not been breached by Stephen Lawrence's legacy. Scotland had no equivalent judicial reflection nor impetus for total change, and it's most notorious racist murder remains unsolved.



Last night Aamer Anwar, solicitor for the family of Surjit Singh Chokhar said that the Lawrence case simply highlights the extent to which institutional racism is still firmly at the heart of our justice system. He says the lack of any conviction in he case represents a betrayal of justice, and it is certainly notable that the notoriety and publicity surrounding the Stephen Lawrence case is inversely mirrored by the silence and inaction that characterises the Chokhar case.

Despite the introduction of the double jeopardy law reform and a direct plea from Anwar to the Lord Advocate to reconsider the case, the gulf separating Chokhar from Lawrence is both disturbing and sadly consistent.

As Aamer Anwar's damning indictment suggests, Scotland's justice establishment is not ready to acknowledge the failures of the past or learn their lessons. The result is the repetition of cultural mistakes and disturbing, continuing echoes of Stephen Lawrence, right here in Scotland, within the last twelve months.

Simon San was killed in August 2010, and his killers were ultimately convicted, but only after the failure of the police and Crown Office to accept that a racist crime had occurred was exposed last year. Lothian and Borders police took the brave step of apologising, and Simon's family pressed the Crown Office to do the same. They did not, and it was left to Simon's bereaved father to conclude the COPFS were guilty of legitimising racism by their silence.

Simon San
 

Much has been said in praise of the steadfast determination of Doreen Lawrence, and she is clearly a remarkable woman. However, even the most determined campaigner needs some form of quid pro quo and cooperation from the monolithic institutions they rail against if they are to achieve change. The Simon San case was chilling in many respects, not least in the way that our Crown Office rejected the cue handed to it by Lothian and Borders police. Its position then and now warrants explanation, analysis and if necessary, a purge. Stonewalling of this kind in the face of racist outrage is not acceptable. And it never was.
 
These are not isolated incidents. The same Crown Office, only a year ago, was accused of institutional racism after Lord Hamilton handed down a damning judicial coda against it for pursuing a prosecution against Asif Sarwar with unwarranted vigour. Their continued refusal to revisit the failed Surjit Singh Chokhar case should be viewed in this context, and when the dots are joined together, the picture which emerges is of a culturally constipated, calcified coven beset with a blinkered refusal to reflect, to listen, to represent, to learn and perhaps worst, to do the job to serve justice that it is charged with. Is it racist as charged? That the question can even be asked is damning in itself.

Justice in England has run a marathon of reform in the Stephen Lawrence case, and took possibly the final steps yesterday. In Scotland, our institutions are barely off the starting line, and have yet to even change out of the stomping boots of old. This is not an encouraging day for those who cherish the notion of equality before the law in our justice system. Scottish judicial eyes need to look south and learn. Fast.

 

 

Steven Raeburn, Editor

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