Wednesday, September 8th, 2010

Case Studies

Case 1 Attack on Chinese Takeaway

Owners Mr and Mrs Chen have been victims of racial harassment caused by the local youths for many years. Forms of harassment include making off without payment, swearing, shouting racist languages, causing nuisances and damages. At approximately 22:30pm on Friday 28 September 2007, Mr Chen was worried about the safety of his staff who was out for delivery longer than usual. Mr Chen walked out of his takeaway in Essex with intent to look for his staff. When he walked to about four-door away from his takeaway, he was set upon by a gang of about 7 youths.

They shouted racist languages, hit him to the wall and pushed him onto the ground. His pair of glasses was broken. He was lying on the ground. He suffered extensive injuries in head, face, eyes, back, rib and leg. The noise of unprovoked attack has alarmed Mrs Chen.

When Mrs Chen tried to help her husband, she was attacked by the same group of youths. Her eye was badly injured. Police arrived at the scene approximately 20 minutes after the racial incident happened. However, no arrest was made and no statements were taken from the victim. Mr and Mrs Chen had not been given any updates of the investigation since then. Mr and Mrs Chen have lost confidence in the police following the attack.

Therefore, they approached The Monitoring Group asking for help and intervention. The Monitoring Group immediately met with the victims in order to obtain more information about the incident, and in the meantime, The Monitoring Group contacted the police on their behalf. The Monitoring Group requested for an urgent case conference with senior police officers, which was however, declined by the police. More disappointedly, the police blamed Mr and Mrs Chen for their failure to cooperate with the police. The Monitoring Group requested the police to immediately take statements from the victims and arrest the perpetrators.

The Monitoring Group accompanied the victims and witness to take statements and went through the identification parade. Thereafter, The Monitoring Group continually monitored the progress of investigation. Six perpetrators were arrested in the case. Four were found guilty with the offence of affray and one was with racially aggravated harassment.

Case 2 Racial Attack on Chinese Takeaway Owner Chou(Alias),

a Chinese Takeaway Owner was racially attacked by a group of three teenagers when he was delivering takeaway food by car. He was hit on his mouth, teeth and jaw. Chou contacted The Monitoring Group following the attack. The Monitoring Group immediately made contact with the police, requesting to have an urgent meeting with the police, police to take statements from the victims and potential witnesses and to arrest the perpetrators. One perpetrator has been charged with actual bodily harm.

The Monitoring Group is now representing Chou in his application for criminal injuries compensation. As a result of the attack, Chou lost his front teeth and is required to receive regular dental treatment. He is still in fear of suffering further similar attacks in the future. Case 3 Racial attack on a Chinese Waitress Fang (Alias), a Chinese waitress, was attacked by a group of about 18 white customers who intended to make off without payment in 2006.

Fang was working in a Chinese Restaurant in Kent at the time of the incident took place. The customers refused to pay the bill and the group attempted to leave the restaurant. Fang stopped them at the front door and asked them to pay the bill before leaving. She warned them she would call the police if they failed to do so. One woman put a roll of money in her hand. Fang asked them to wait until the money could be counted to make sure the full amount was paid. However, the party pushed forward and knocked Fang to the wall. Then a man came forward and pushed Fang out of the shop. Fang fell over. She tried to get up, but felt excruciating pain in her leg and fell to the ground again.

The assault resulted in Fang having to undergo surgery for her injured leg and to suffer a number of bruises on her body. After the surgery, she visited the doctors for further medical checks. The assault left her with a fractured femur and a permanent scarring to lower limb. Fang contacted The Monitoring Group in early 2008 and asked for help on getting criminal injuries compensation. The Monitoring Group provided relevant advice to Fang and promptly submitted an application on behalf of Fang to the Criminal Injuries Compensation Authority.

The Monitoring Group gathered all the documents and evidence on the case and handed them on to the Criminal Injuries Compensation Authority for their assessment. In October 2008, The Monitoring Group successfully assisted Fang to obtain compensation of approximately £4,000. Fang was pleased with the award and grateful for the help that The Monitoring Group gave her.

Case 4 Racial Attack on Chinese Takeaway Owner

Mr Chan (Alias) was a victim of racial assault perpetrated by a group of 15 juveniles in August 2002. He ran a Chinese Takeaway at the time of the incident. Prior to the incident, Mr Chan had been a repeat victim of racial harassment caused by the same perpetrators. They took food without paing, stole the cash box and delivery bike, demanded money, shouted racial abuse, smashed windows, etc.

All of these incidents had been reported to the Police, but did not result in any arrest of or charge against the perpetrators. A few hours before the incident of August 2002, the perpetrators smashed the shop window and fled. They returned after a few hours. When Mr Chan came out of the shop, he was set up upon the gang with wooden sticks and mental bars.

They hit Mr Chan shouting racial abuse, ‘Fucking Chinese. Kill him. Kill him’ Mr Chan suffered extensive injuries as a result of the brutal attack. He was beaten unconsciousness. He suffered fractured ribs, a shattered elbow, and bruises. Following the attack Mr Chan experienced nightmares and insomnia, and was required to receive medical treatment for two years.

Mr Chan’s condition continues to deteriorate as he is losing strength and suffers permanent scarring in his left hand. Mr Chan was also forced to close down his business as a result of the attack. In 2003, with the help of The Monitoring Group, Mr Chan decided to apply for the criminal injuries compensation.

However, the Criminal Injuries Compensation Authority (CICA) had repeatedly refused to compensate Mr Chan. The CICA said Mr Chan was seen by a community warden chasing and attacking the perpetrators and thus he was deemed to be one of the aggressors in the racial attack. The Monitoring Group did not give in and appealed the decision of CICA.

The Monitoring Group collected all the evidence and represented Mr Chan at a hearing in April 2008. During the hearing, The Monitoring Group successfully proved that Mr Chan was a pure victim of the attack and obtained a compensation of approximately £10,000 for him.