DISGUSTING PROSECUTION OF AN 11-YEAR-OLD BRITISH BOY

Sense dawned only after much harm was done

The crown prosecution service yesterday abandoned an attempt to prosecute an 11-year-old boy for racially aggravated assault after he allegedly called a classmate a "Paki bastard" in a playground fight. Lawyers for the crown conceded it was not in the public interest to pursue the charge against the boy, who can not be named for legal reasons, after he admitted a lesser charge of common assault.

The boy and a 10-year-old friend, both of whom are white, admitted waiting for an Asian boy outside their school and tripping and punching him, but denied using racial language. Magistrates were told the pair were angry that the Asian youngster had called one boy a "Teletubby" because of his size and had called the second white boy "Dipsy" because of problems he was having with schoolwork.

Magistrates in Ipswich gave the two boys an absolute discharge. An attempt by their families to have the case thrown out failed at the high court last month. Lord Justice Kennedy said at the time that he could not interfere with the discretion of the director of public prosecutions and the CPS, but said that "even to think in terms of a prosecution was using a sledgehammer to crack a nut".

The incident took place in September last year outside the school all three boys attended in Ipswich. Caroline Bryant for the prosecution told the court there was a history of friction between the three, and that after being called the names of the Teletubbies by the Asian boy, the two white children decided to wait for the him outside school and "have it out with him". She said the Asian boy was called a "Paki bastard" and was tripped, punched in the back and shoved into a fence, before his parents happened to drive past. He was taken to hospital but was not badly injured.

But Stephen Ferguson, for the older white boy, said he had not used racial language. "The boy does not have an ounce of racial bigotry in him. In my estimation his understanding of racial issues is limited, and he has friends from different racial groups."

Mr Ferguson said the stress of the case had "emotionally and psychologically devastated him" and that the boy had started skipping school and had threatened to harm himself and to run away from home. At one point the boy broke down in tears and proceedings were halted for 10 minutes.

Criticising the decision to bring the case, Mr Ferguson said: "If this case is prosecuted then tens of thousands of 10- and 11-year-old boys are going to be filling the courts from morning to night. The schoolyard doesn't seem to be the schoolyard any more. The sooner this is all over and they are friends again the better." Nikki Millar, for the second white boy, said "It was a silly schoolyard spat and he should be allowed to carry on being a happy, carefree boy."

Lawyers estimate the cost to the taxpayer of bringing the trial could be up to £25,000.

Jayne Fiske, chairman of the magistrates, said: "It is not in the interests of justice for this to go on any longer."

The father of the older boy said outside the court that the matter could have been dealt with by police giving his son an informal warning.

The CPS said in a statement that lawyers had examined the history and nature of the case before deciding a prosecution on racially aggravated common assault was justified. CPS and police sources have indicated privately that there were concerns about racial harassment against the Asian boy's family.

From The Guardian

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