23/08/2011 Newsnight Scotland

Tonight on Newsnight Scotland, was it a racist killing or not? Today,

police apologised for failing to investigate the death of Simon San

at the hands of a gang of youths as a rationly motivated crime. Yet the

Crown office say they wouldn't have prosecuted it as such. So who is

right? The MP, Tom Harris, attempts to liven the moribund Scottish

Labour leadership debate by suggesting he might run. I will ask

nim he's serious or if he's just stirring things up. It's rare to

see someone in authority apologise so fully for a mistake made by

their organisation. This afternoon, Lothian and Borders Police issued

an apology to the family of Simon San for refusing to treat his

killing as a racially motivated crime and issued a public apology.

The case does does raise issues about how the police and the Crown

office handle race hate crimes. Catriona Renton reports. I have

apologised privately to the family for that failure. I would like to

reneat apology publicly. admission of failure. Almost

exactly a year ago, 40-year-old Simon San was just doing his job at

a takeaway in Edinburgh, he was killed. Police ignored his family's

insistance that the crime was racially motivated. I'm sorry that

we did not listen to you when you told us that you thought the attack

on Simon was racially motivated. I am sorry that we did not treat you

in a way that made you feel like you mattered to us. I'm sorry that

we did not record and investigate the attack on Simon as a racist

incident, when we should have done so. No apology can bring back a

much-loved son and brother, Mr San's father spoke through his

solicitor. The findings do not offer me any peace. They merely

confirm that we were right, and that we have not been treated

appropriately by the officers. This is the darkest moment of my life.

Knowing that I'm going to be left alone in this house soon. My wife's

health was improving after an operation two years ago. Since

Simon's death, her health has been deteriorating. The inquiry also

demonstrated that racist incidents, before my son's death, were not

addressed appropriately. I feel there was a lack of respect in the

importance of my son's death by appointing an untrained officer to

lead the investigation. Mr San was part parking his delivery car when

a gang of youths attacked him. They rocked the car. He managed to get

out and call the police. He was pushed to a call and punched in the

face. He suffered severe head injuries and died later in hospital.

At no point was the attack treated as racist. A random attack,

obviously. Not a lot of violence involved. It's one punch.

Unfortunately, the gentlemen fell badly and injured his head. Really

a random and minor assault the consequences were obviously quite

severe. 16-year-old John Reid was sentenced to five years for killing

Simon San. Two younger teenagers were convicted of assault. Mr San's

family believe, had the racist element been considered, the

outcome may have been different. welcome the apology. We welcome the

findings of the police inquiry that there was significant failures by

Lothian and Borders Police. That is a matter now closed, with regards

to the police inquiry. The issue arises as to whether the Lord

Advocate will order an immediate enquiry into the prosecution

decision making in this case. police carried out an internal

investigation. Its conclusions were damning. It found significant

failings in the police inquiry. It said, the police placed little

emphasis on racist language used by the accused. Witnesses said, a

short time after the attack, the group responsible were directly

referring to Mr San as a Chinky. One of accuse had had been reported

for a racist offence. Two of the other owe accused had been charged

together where the victim was a Chinese shopkeeper. It concluded

Lothian and Borders Police had failed to recognise the attack on

Simon was racist. The Stephen Lawrence enquiry defined a racist

incident is: There are over 100,000 people from all minority ethnic

backgrounds in Scotland. Last year, 5 cle 819 racially aggravated

crimes were committed here. How many go unnoticed what are the

consequences in a local community when a crime like this happens?

There was a damage at the beginning of the inquiry. Listening to the

senior police officers today, there is a trust gained again and, I feel,

that the police need more training, so they handle the case properly.

Especially, this sensitive cases should be dealt with in a different

way. Even though the police investigation is over, there are

still questions to be answered. The Crown office says there will be no

inquiry as its satisfied with the prosecution of the case. No-one was

available from the Crown office, but I'm joined from Edinburgh by

the Deputy Chief Constable of Lothian and Borders Police. You saw

him in the film there. Stephen alAllen, first of all, can you

clear up, I appreciate you have apologised publicly and to the

family. What are you saying here, exactly? Are you saying, as a

matter-of-fact, this was a racially motivated attack? I think we have

been very clear today that the family, in the aftermath of the

attack on Simon, made a number of complaints about the response of

Lothian and Borders Police. Those complaints covered a range of

issues, including statement that is we made to the media, our

investigation of previous offences, issues such as the use of

interpreters during the inquiry. Significantly, our failure to

listen to them early on, when they said that they believed the attack

was motivated by racism. Our failure, at that stage, to record

the incident as a racist incident. We have worked our way through each

of those complaints with the fament family, over the last few months.

We worked our way through the findings with them and explained

those. As I said at the press conference earlier, I have sat down

with the family and apologised privately to them. They are feeling,

quite rightly, we made statements in the media publicly in the

immediate aftermath of Simon's death. It was appropriate we we

should make our apology to the family public as well. That doesn't

answer my question, which is whether you now believe that this

was a racially motivated attack? think it's important we understand

that which it is we are talking about. We apologised, I apologised

today because, clearly, Lothian and Borders Police, should have

recorded this attack as a racist incident in the immediate aftermath.

In your package you explained the definition of a racist incident,

which is any incident where the victim, or any other person,

perceive it is to be so. It was quite clear, from the outset, that

the family perceived it to be so. We should have recorded it. That,

however, is different from libeling a charge or a racialing a vaited to

the offence which depends on the evidence brought ford. That is a

matter for the Crown, not us. other words, you are apologising

for stress caused you are not saying as a matter-of-fact this was

a racially aggravated attack? number of respects, my organisation,

failed the San family. We are public servants. The criminal

justice system involves a number of organisations, all of us, I believe,

are under a duty to acknowledge where our service falls short.

reason I'm asking you this, there are mixed messages here, aren't

there? On the one hand, what you have been saying. The Crown office

today has said that, it doesn't believe it could have prosecuted

this as a racially motivated attack. It has given detailed reasons why

it doesn't believe that. The reasons are to do with the evidence

that your officers collected. Now, you are saying there is no

contradiction - With respect, I don't think there is a

contradiction. There has been debate in recent weeks about police

accountability. What you have seen today is police accountability in

real-life. This is where my organisation believes that, in some

respects, in certain respects, we have failed Simon's family. That we

have to take responsibility for those failures. Mitt we have been

clear about what those failures are. My apology was specific in terms of

our failure to listen to the family. Our failure to treat them - please,

if you allow me to finish. And, also, our failure to record this as

a racist incident. Right. As I say, there are different agencies

involved in the criminal justice process. We answered for our

actions. It is not my place to answer on behalf 6 our other

organisations. They will now do If I can quoted from the Crown

Office statement, the Crown was alert to the question of racial

motivation, and raised the issue with the police at an early stage.

After careful consideration, the Crown counsel concluded there was

no evidence to show the attack was racially motivated. They are saying

there is no need for any inquiry. That is a very different public

message about what you told them, than the message you are trying to

put up. I do not think that is correct. A guiding principle for us

in these circumstances is an issue for the family is an issue a us,

therefore if the family ask a question, we are under a duty to

provide them with an answer. The family are now asking different

questions of the Crown Office, and the Crown Office now have to

determine how they choose to answer those questions. That is the first

point. The second point, we provided all the evidence that was

available to the Crown, and his is for them to answer how they assess

that evidence. -- and it is for them. The inquiry we have conducted

found there was no additional evidence that the original inquiry

had not found that we had not passed to the Crown Office, but I

think it is important to stress that Allah apology for failing to

record this as her racist incident is not the same as answering for

the Crown. -- as a racist incident. But from the public's point of you,

what appears to be said is, we are sorry did not treat this as a

racist incident because under the terms of the investigation, if

someone feels it is, we will acknowledge that it is. But

actually, it would not have made any difference to the ways in which

the boys were prosecuted. I appreciate you are not the Crown

Office. But for a member of the public, this just looks, frankly,

Ord. I am not sure that it does. Ord. What kind of police service to

the public want? I believe they want a police service that routine

League delivers excellence, but when we get it wrong, we are

prepared to stand up and acknowledge that we have got it

wrong, and our commitment is to change to be better. Thank you very

much indeed. Iain Gray is due to stand down as

Labour leader in the Scottish Parliament, and so far, the contest

to replace him is non-existent. After May's election defeat, many

would see it as hardly an inviting job, so it's perhaps no surprise

most of the rumours are about which MSPs have decided not to run. This

morning, the MP Tom Harris stirred things up by suggesting he might

run. I will ask him what he's up to in a moment, but why would he want

the job? Labour slump as the SNP's vote

soared. Previously saved seeds tumbled, and frontbenchers were

voted out. -- safe seats. It is my view that we have to address

fundamental questions about the structure and organisation of the

Labour Party in Scotland, what went wrong, and where we go from here. I

it want to start that process. But in the autumn, I will stand down,

and it will be for the Labour Party to decide how we go forward from

there. By out as autumn approaches, there

is no obvious successor, and it is not clear what the job description

it will be. Jim Murphy and Sarah Boyack may recommend that he will

be the party leader. Since the leadership election cannot start

both to cut -- before the review's findings will be ratified, it looks

like Iain Gray will remain leader until the winter. The current

deputy leader seems to be the only MSP likely to stand. Tom Harris

says he hopes high-profile MPs will put themselves forward. In the

meantime, the silence is deafening. Tom Harris is here. You don't

really want this job, do you? actually! I have a masochistic

streak in me! What are you saying we want other people like Jim

Murphy to stand. Are you saying you just like some high-profile people

to stand? In politics, the more candidates you have, the better the

chance of action is selecting the best candidate. The better it will

be for the party. You are going to enter this race, aren't you? I have

not formally said so. I was adamant I wanted the job, the question is,

it will I be allowed to stand? We do not know if the new rules will

allow MPs to stand. If they do, you will? If I have enough support. Yes,

with all those Cabinet, I do want to stand. If you did, at what would

you say? It is inconceivable for the leader of the Scottish party to

say they would not stand. Whoever is selected as the Labour leader

will be our candidate for First Minister. You cannot be First

Minister outside Holyrood. So you would stand down and if -- next

general election? I think Alex Salmond has created the President.

So what you would do, you would have to stand down at the next

general election, leaving nuclear to stand? -- leading nuclear to

stand? That would be my ideal scenario, but who knows? All of

this is so up in the air at the moment. Why it has best been at

such a rubbish debate? The party is still in a shop. -- in a shock. I

am getting impatient that we have had four months of the SNP setting

debates in Scotland, and Labour not being present. You said this

morning, you didn't know whether Iain Gray was going to stand down

next month. I knew any wiser this evening? I am not. I can understand

why he wants to step down. I don't understand the mechanism. Whenever

the election will happen, it is inconceivable that the election

will take place before next month, so here is suggesting he stand down

end-September. I am in the dark as You were going to explain to me why

the debate has been off ought to non existent. I don't know. I think

because the party feels that wide this review is underway, there is

no point in having a debate. My announcing that I am interested in

standing will inform people there is a demand. So it is essentially a

bureaucratic process? This is all about mechanisms and the process of

the party. But what is important is having a leader but can articulate

and attractive policy and message that will go well beyond the Labour