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Surjit Singh Chhokar murder - judicial hearing into Crown's decision making
29/11/2000
ISSUED ON BEHALF OF THE CROWN OFFICE
The Lord Advocate, Colin Boyd QC has taken the unprecedented step of commissioning an independent judicial inquiry into the decision making process in the prosecution of three men who had been accused of the murder of Surjit Singh Chhokar. Secondly he has ordered an inquiry to review the arrangements for liaison with the members of the victim's family.
Sir Anthony Campbell, Justice of the Supreme Court of Northern Ireland has been asked to conduct the judicial inquiry assisted by Gerry J B Moynihan QC. Sir Anthony will conduct the inquiry in private and the Lord Advocate will publish his findings
Dr Raj Jandoo, an Advocate and the Deputy Chair of the Scottish Executive's Stephen Lawrence Inquiry Steering Group, will head the inquiry into our treatment of the family. He will publish his conclusions by April next year
The Lord Advocate said:
"The trial of two men accused of the death of Surjit Singh Chhokar is now at an end. I do not intend to comment on the court proceedings of the last few days nor of the verdict. The jury has given the case careful consideration and the final determination is a matter for them.
"I had hoped to be able to meet Mr and Mrs Chhokar after the verdict but they indicated that they did not feel that they could meet me. I can fully understand the frustration and distress that they must be feeling at the outcome. Accordingly I have arranged to meet them tomorrow. Our thoughts will no doubt be with them at this time. Their son has been "murdered and after two years of lengthy investigation and two trials, no one has been convicted of murder.
"I have however had a letter delivered to them. I can tell you that I apologised to them for the failings in the liaison and support service provided to the family. I will repeat that apology to them tomorrow. And I told them I am setting up two independent inquiries into the conduct of this case
"Firstly, I have taken the unprecedented step of commissioning an independent judicial inquiry into the decision making process in this case and secondly an inquiry to review the arrangements for liaison with the members of the victim's family.
"Sir Anthony Campbell, Justice of the Supreme Court of Northern Ireland, has agreed to carry out the task of the judicial inquiry into the decision making process in this case and I will publish his findings and recommendations.
"Dr Raj Jandoo, an Advocate and the Deputy Chair of the Scottish Executive's Stephen Lawrence Inquiry Steering Group, will head the inquiry into our treatment of the family. I have asked him to publish his conclusions by April next year
"I want all the people of Scotland to have confidence in our prosecution system. I want the Crown Office and Procurator Fiscal Service to provide the highest possible quality of service. I want the Crown Office and Procurator Fiscal Service to offer a better and more consistent service to victims, witnesses and bereaved next-of-kin. And I want to ensure that appropriate consideration is given to the needs of those from ethnic minority communities and those whose first language is not English. If mistakes have been made, I want to know about them and work to put things right.
"Sir Anthony Campbell will have unrestricted access to all of the Crown papers and to all those individuals who were involved in the decision making process. He will invite the Chhokar family to contribute. He is tasked with making such recommendations for change in practice and procedure that he sees fit. He will conduct the inquiry in private but I will publish his findings and recommendations and I will take action on these.
"Dr Raj Jandoo, will head the inquiry into our treatment of the family. A detailed internal inquiry into these arrangements has already been carried out by a senior procurator fiscal. The report, regrettably, finds a number of failings in the liaison and support service provided to the Chhokar family.
"I profoundly regret this and have conveyed my personal apologies for these failures. I will also hand them a copy of the report when we meet tomorrow.
"The internal report will form the basis of Dr Jandoo's inquiry. He will seek to interview members of the Chhokar family. He will consult with "the Commission for Racial Equality, Victim Support and others to produce recommendations. The internal report also recognises that some of the difficulties flowed from the lack of clear information from the police about the sensitivities of the family relationships in the case and about the relevant cultural, religious and language issues. For that reason, the inquiry will include consideration of the police arrangements for liaison with the family.
"The interviewing of family members and others will be conducted in private. Dr Jandoo will, however, conduct one or more public sessions to consider the form and nature of recommendations he will make.
"The areas of concern identified by the internal report - family liaison, victims and witnesses, and translation and interpretation - are the subject of recommendations in the Stephen Lawrence Inquiry report. They have relevance for all parts of the criminal justice system. For that reason Dr Jandoo has been asked to report jointly to the Justice Minister and me on the results of his inquiries. The Stephen Lawrence Inquiry Steering Group will oversee implementation of his recommendations.
"Since the murder of Surjit Singh Chhokar in 1999 the department has already taken steps to improve its service. We have mainstreamed anti-racist and victim awareness training for all staff.
"This training is provided in part by representatives of the Commission for Racial Equality, by Victims Support Scotland and by other ethnic minority and victim groups. I have also established a race strategy group, chaired by Neil Davidson, the Solicitor General, tasked with taking forward the department's strategic commitments on all racial issues including employment, recruitment, training and racially motivated crime.
"I have also announced the establishment of the Crown Office victim and witness service. It will be operational across the country by Spring 2002. That service will provide information and practical assistance to victims, witnesses and bereaved next of kin. A pilot is already operational in the Procurator Fiscal's Office Aberdeen; a second pilot is to be set up in April 2001 at the Procurator Fiscal's Office at Hamilton.
"Finally. Losing a son in this way would be traumatic enough for any parents. This trial has been an almost unbearable ordeal for this family. Today I wish to pay tribute to the great dignity the family has shown under such terrible circumstances.
"Mr and Mrs Chhokar will always mourn a son whose life was cut so cruelly short. Any steps we have taken will not be enough.
"But I believe we can learn from the mistakes which have been made and that we must take steps to strengthen confidence in our legal system. Scottish justice must be blind to race, colour or creed. It must serve everyone in Scotland equally".
The Rt Hon Lord Justice Campbell (D.o.B. 30 October 1936)
BIOGRAPHY
The Rt Hon Lord Justice Campbell (Sir Anthony) was educated at Campbell College, Belfast and Queen's College, Cambridge.
He was called to the Bar of Northern Ireland (NI) in 1960 and to the Bar of England and Wales by Gray's Inn in the same year.
From 1971 he was Junior Counsel to the Attorney General for NI until 1974 when he took Silk and Senior Crown Counsel from 1984-1988.
Lord Justice Campbell is a Bencher of the Inn of Court and was chairman of the Executive Council of the Inn from 1985 until 1987.
He was Judge of the High Court from 1988-1998 and is now Lord Justice of Appeal since 1998 and was called to the Privy Council in February 1999.
Since 1994 to date he is chairman of the Council of Legal Education in NI and the Judicial Studies Board NI since 1995 to date.
He is married with three daughters.
TERMS OF REFERENCE
To carry out an independent examination of the Crown's decision making following the death of Surjit Singh Chhokar at Wishaw on 4 November 1998 including the decisions of the Procurator Fiscal's Office in Hamilton, Crown Office staff, Advocate Deputes and Law Officers:
leading first to the prosecution and trial of Ronnie Coulter;
secondly to the prosecution and trial of David Montgomery and Andrew Coulter;
and to enquire in particular into the decision to indict Ronnie Coulter alone.
Thereafter to make findings and recommendations for changes in practice and procedure as seen fit.
Gerry J B Moynihan QC (D.o.B 29 October 1958)
BIOGRAPHY
Mr Moynihan was called to the Bar in 1985 and took silk in 1997.
He obtained an LL.B at Glasgow University and a D.Phil at Oxford University.
He was standing junior counsel to the Scottish Development Department (Planning) and an Advocate Depute from September 1995 to 1998.
Married with three children.
Raj Jandoo
TERMS OF REFERENCE
To review and report on the liaison arrangements between the police, the Procurator Fiscal at Hamilton, and the Crown Office and the family of the deceased Surjit Singh Chhokar in connection with the murder of Surjit Singh Chhokar and the related prosecutions, and in particular:
to consider the internal report by Mrs Angiolini;
to continue and complete the inquiry conducted by Mrs Angiolini, by obtaining information and comment from the family of Surjit Singh Chhokar, their representatives and from the police;
to consult the CRE and VSS [and any other relevant group];
to comment on the findings and recommended actions in the Angiolini Report; and
Thereafter to report with findings and recommendations for action to the Lord Advocate and the Minister for Justice by March/April 2001.
News Release: SE3074/2000
29 Nov 2000