Justice for Jay Abatan - 'an uphill struggle'
By Harmit Athwal
29 April 2004, 5:00pm
The family of Jay Abatan, a Black man who was
murdered in Brighton in 1999, are still waiting to see the report into Sussex
Police's failed investigation into his death.
On 
17 May 2004, Peter
Bottomley MP, Jay's family and lawyers will meet representatives of the new
Independent Police Complaints Commission (IPCC) to discuss the findings of an
Avon and Somerset police investigation. Yet, after five years of campaigning by
the family, they will not be allowed to have a copy of the full 300-page
report. Although Sussex police have publicly apologised to Jay's family for
their failings and promised to be 'open' to the family they are now refusing to
release the full report explaining what actually went wrong.
Background
Jay Abatan, a 42-year-old Black man
and father of two, died five days after being attacked by a gang outside the
Ocean Rooms nightclub in Brighton on 24 January 1999. Jay had been out with his
brother and a friend celebrating a job promotion as a senior tax specialist at
Price Waterhouse Coopers. They left the club and were getting into a cab when
they were attacked by a group of white men. Jay did not even have the chance to
take his hands out of his pockets before he was punched and kicked to the
ground. He suffered severe brain damage and was pronounced dead after five days
on a life support machine.
After his death, Sussex police launched an
investigation and, within 24 hours, two men were arrested and charged with
manslaughter. However, by the time of the trial in May 2000, the men, Graham
Curtis and Peter Bell, were charged only with affray and actual bodily harm to
Jay's brother, Michael, on which they were ultimately cleared. The jury was not
told that Jay had died as a result of injuries sustained during the same attack
because the Judge thought it might influence the verdict.
Failed investigations
Jay's family believe that the
initial investigation into his murder by Sussex police failed to explore a
racial motive for the attack and that other fundamental errors were made. This
investigation was the subject of an inquiry by Essex police after Jay's family
voiced their concern publicly. The Essex police began its review for Sussex
police in July 1999 and completed its report at the beginning of December 2000.
Sussex police refused to disclose the full report although extracts were leaked
to the press which revealed that Essex police did in fact catalogue fifty-seven
failings and inconsistencies in the original investigation into Jay's murder.
These included the failure to interview or record the details of potential
witnesses. Sussex police met Jay's family and publicly apologised for not doing
'a good job'. At the time Jay's family asked Sussex police what had actually
gone wrong and were told that they should wait for a PCA investigation to be
concluded. For then, a full report would be given to the family.
In December 2000, as a result of Essex police
inquiry, the original investigating team in Sussex was replaced by another
team. The new head, detective superintendent Ken Probert, announced that the
murder was being treated as a 'racist killing' - two years after it took place.
And Sussex police asked the PCA to review the investigation to see whether there
were grounds to discipline any of the original officers involved. Mr. Ken Jones
from Avon and Somerset police was called in by the PCA to undertake this
investigation. Jay's family were also asked to add to the complaint, which they
did. Jay's family met Ken Jones in London and declined to sign a form
undertaking not to disclose any confidential information. Subsequently, Ken
Jones was made Chief Constable of Sussex police and another officer was
assigned the task to continue the complaint investigation. On Jones taking up
his new post, he met Jay's family again and promised that Sussex police would
be 'open' with the family. But, says the family this, unfortunately has not
been the case. And Sussex police are now refusing to release a full copy of the
findings by Avon and Somerset to Jay's family. 'We strongly feel that Sussex
police are trying to suppress the full extent of failings in Operation
Hurling.'.
IPCC position
David Petch, the IPCC Commissioner
overseeing the investigation told IRR news that he was still waiting for a
formal answer from Sussex police to a request for disclosure but added that
Sussex police 'were not minded to hand it over' and that the IPCC had no powers
to make them publish the report. He added that disclosure could jeopardise [possible]
future disciplinary proceedings.
The family of Jay Abatan, however, feel that it is
absolutely vital that the report is released in order that lessons be learnt.
Michael Abatan describes the last few years as an uphill struggle and told IRR
News that Jay's murder had been the 'final nail in the coffin' for his father,
who died eleven months after Jay was murdered. Michael promises to continue
fighting for justice for his older brother. He hopes to bring together the
families of those who 'have not got justice or have had to fight for justice'
in order to lobby the government and put the issue of unsolved racial crimes
back on the agenda. He strongly feels that lessons from Stephen Lawrence
inquiry have yet to be effectively implemented by the criminal justice system.