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The Victims of Racist Violence

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The Victims of Racist Violence he following outlines the against the side of the vehicle and. was arrested and was neither circumstances relating to thinking that some accidental gassed nor handcuffed, but left to an unprovoked racist collision had occurred. Marcus sit unattended in the back of a T stopped to inspect the damage and police car. despite the fact that he attack on two Black teenagers and see that the cyclist was unharmed. had attacked the car with the the five year old sister of one of As he got out of the car the cyclist bicycle and smashed the driver's them on August 19th 1997. approached the car. shouting and window in full view of at least before Marcus was able to say three officers and is visible on anything punched him in the face. CCTV footage of the incident A scuffle then started as Marcus struggling with an officer, along defended himself against the with others in the attacking mob. The victims of continuing attack and in the meantime. Francisco got out of the car to attempt to calm the situation. In custody Following the arrest the Black At this point an associate of teenagers were left to sit in the racist violence Canavan. John Shepherd arrived locked van with no ventilation (this with an aggressive dog and was in the middle of August) for menaced the two teenagers, while approximately ten minutes, further inciting the dog to attack them. He Hilary Brown looks at institutional aggravating the effects of the CS threatened to put the agitated dog spray, whilst the police (numbering racism within the criminal justice tn the car with the terrified child around eight) directed traffic. A and racially abused all three. At protracted journey to two police system and the consequences for this point a bystander extricated stations meant they remained in the the child, shouting that he would police van for over one and three victims of racist violence. take her to a nearby shop and wait quarter hours so could not wash off for the teenagers. Marcus drove the the spray. During the time they car into an adjoining street and What distinguishes this attack spent in the van they were told it Francisco escaping on foot. They and makes it all the more was "too fucking bad", when they were reunited as they returned to disturbing is the response of the informed one officer they could search for Emma hut then relevant authorities, including the not breathe because of the gas. encountered a larger group, police and CPS. What emerges is including their two original Once in the police station, they a culture of institutionalised racism attackers, which necessitated their were denied access to washing which, without the intervention of escaping in the car. It was whilst facilities for the effects of the CS the Butetown Citizens Advice escaping that they spotted a police spray, but had to make do with a Bureau, the 1990 Trust and the vehicle and flagged it down to ask cup of water passed through the Society of Black Lawyers, would for help. After explaining briefly door of the cell. They were also not undoubtedly have resulted in the what had happened and given any medical treatment for innocent victims of this vicious emphasising their fears for ihe the injuries sustained during the attack being convicted of serious safety of the child who had of attack or the subsequent arrest. offences under the Public Order necessity been left with a stranger Act: offences which attract Having been placed in the cells they followed the officer back to potential custodial penalties. at around 8pm. Marcus was the scene. interviewed at about midnight and Francisco was then interviewed As they arrived they spotted The attack from about 1.00am. They were their two attackers amongst a both released from custody at 3am In the early evening Marcus group of around five or six running but were obliged to wait for the car Walters (then 18) his sister Emma across the road towards them. The to be released to them. They then (then 5) and his friend Francisco group surrounded the car. throwing sought medical treatment at the Borg (then 17) left their homes in a bicycle at it and smashing the Cardiff Royal Infirmary, where the Butetown area of Cardiff in driver's window, before trying to doctors noted severe irritation from Marcus' car to travel to Roath. drag them both out. Only at this the spray, deep cuts, widespread While driving Marcus slowed to a point did the officers (now- bruising and swelling. The virtual standstill to negotiate a numbering three) intervene, the following day Francisco found the narrow traffic calming grid. As he attack continued and the terrified skin peeling from his face and moved over the grid a cyclist. Sean teenagers tried to escape by continued to suffer a burning Canavan. rode off the pavement jumping out of the car and running sensation from the effects of the and tried to force his way past the away. oncoming car. spray for four to five days. As the cyclist passed the cars It is important to remember occupants heard a loud bang The arrests that the reason for the boys being Other police units arrived and. accompanied to the location at seemingly oblivious to the fact that which they were ultimately- it was the teenagers who were arrested was their concern for "The above results were arrived at being subjected to such a young Emma. Despite that, it was determined attack, proceeded to not until the bystander who had following a period of sustained pressure arrest both. In the process of removed her contacted the police and intense campaigning in support of making these arrests the officers to inform them that she was under felt it necessary to employ CS gas his protection that any steps were these two young Black men, and it is on one of the Black teenagers, later taken to find her. She was then almost without question that had they justifying this by saying the bov transferred to Cardiff Central was resisting arrest; both were police station. extremely- relied on the advice they originally handcuffed and thrown into the distraught, where she was received, and pleaded guilty, they would back of a police van. eventually reunited with her mother. now be serving prison sentences." Only one of the white group 16 CJITI no. 35 Spring 1999 'These two victims of racial violence suggests that the officers were not However, in order that this approaching the situation function may be achieved, it is were left with the impression that the objectively, but instead saw a essential that all concerned criminal justice system is not designed to Black youth involved (in whatever understand and discharge their role) in a disturbance and responsibilities comprehensively, provide them with justice. The overall considered that he should be not least the CPS. For the CPS this impression given to them (and their apprehended with all the force at includes doing their utmost to their disposal. secure a finding of racial advisers) was that their views were not It is hard to speculate as to the motivation where appropriate; in welcome, they had nothing to contribute exact motivation of these officers, this instance it is felt that this but the facts are that out of perhaps standard was not reached. and that they should stop trying to seven or eight people visible on the There are a number of interfere with things which did not CCTV footage as being involved drawbacks inherent in the use of in the incident, only one (who is the Newton hearing. Firstly, it can concern them." clearly not behaving in the manner involve the victim "reliving" what described), was CS gassed. While is inevitably a traumatic the boys were at the police station experience. In this instance, both officers had expressed disbelief Charges and disorder (although the charge of victims were required to give criminal damage was not that neither had previously been in evidence in lengthy testimonies, criminal proceedings mentioned) following pleas of trouble with the police. facing cross examination from The two Black teenagers were guilty being entered, and the third It is perhaps this last point separate counsel for each of the 3 charged as an immediate pleaded guilty to a lesser charge of which best illuminates the police defendants. Despite being the consequence of the incident, the using threatening words and attitude. That as Black people they primary witnesses, the CPS on this charges being as follows: behaviour (contrary to S4 of the must surely have been at some time occasion did little to protect the • Marcus Walters Public Order Act 1986). in trouble with the police. This credibility of the teenagers' violent disorder (contrary to must surely be seen as an example evidence. Instead, suggestions were made that they had only S2 Public Order Act 1986) The case against the of institutionalised racism, in that • Francisco Borg these Black teenagers were treated started to claim they were victims violent disorder (as above) prosecution in a way which falls far short of of a racial attack after they were The above results were arrived at how they, or any other person "contacted by Black activist These charges were ultimately following a period of sustained would expect to be treated, and that organisations". The CPS had in withdrawn as on the third pressure and intense campaigning this treatment resulted from the their possession police statements appearance at Cardiff Crown Court in support of these two young preconceptions held by officers indicating that the victims felt they on 15th April 1998 the CPS opted Black men, and it is almost without and assumptions made about the were subject to a racial attack and to offer no evidence.
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