Chhokar family considers court move

The Chhokar family still wants a public inquiry

The family of murdered Asian waiter Surjit Singh Chhokar is considering a civil prosecution of the three men who were acquitted of their son's murder.

His family has also called for "sanctions" against those people identified in two reports as being responsible for failings in the inquiry into the killing.

The family, speaking in Edinburgh, said that criticisms and admissions of failings in the reports, released on Wednesday, were "not enough".

Aamer Anwar, who acts as spokesman for the family, said the people in charge at the time must have action taken against them.

Aamer Anwar is to work with the authorities

He spoke after a meeting between the family, Lord Advocate Colin Boyd QC and Justice Minister Jim Wallace.

Mr Anwar said: "The family have said apologies are not enough. There must be some repercussions.

"Because in order to make sure that no-one makes mistakes, there must be some form of disciplinary action."

He said the family was considering "all legal options" regarding future possible civil action against three men who were cleared of murdering Mr Chhokar, 32, during two trials.

Mr Anwar also said he has accepted an invitation from to work with a race strategy group to help implement recommendations made in the reports.

The inquiries into the case were led by Sir Anthony Campbell, justice of the Supreme Court of Northern Ireland, and advocate Dr Raj Jandoo.

The family is now considering civil court action

Sir Anthony, who investigated the handling of the investigation and legal proceedings in the case, criticised the fact that only one man was initially put on trial for the murder when three had been arrested in connection with the killing.

That man, Ronnie Coulter, from Wishaw, was acquitted after blaming the other two men - his cousin Andrew Coulter, from Wishaw, and David Montgomery, from Motherwell, for carrying out the killing.

In a second trial last November, Andrew Coulter and David Montgomery also walked free after claiming Ronnie Coulter was responsible.

Sir Anthony said the two Coulters should have been indicted together on a murder charge using David Montgomery as a witness.

But he did not find any racism in the handling of the case saying: "The system failed but this was not due to the fact that the victim belonged to a different ethnic group to his attackers."

In contrast, Dr Jandoo said in his report there was "evidence of institutional racism" in the failure of the police to consider racial aggravation as a factor in the murder probe.

The family has had talks with Jim Wallace

However, Dr Jandoo said parallels should not be drawn between the Chhokar case and Stephen Lawrence.

He also criticised the actions of Aamer Anwar who led their campaign for justice.

Dr Jandoo wrote: "The two roles which he took on, of interpreter for the family and organiser of a public campaign for them are incompatible."

On Thursday, the family, through Mr Anwar, said that after consideration it accepted the recommendations of the Campbell Report.

But they said they were unhappy that it had failed to conclude institutional racism existed within the Scottish criminal justice system.

Mr Anwar said: "It is in an atmosphere of underfunding and incompetence that racism thrives.

"We do not believe that the institutions that have been accepted as being institutionally racist by the lawmakers of our land can at the same stroke deny that the decisions in the court are not affected by institutional racism."

Roseanna Cunningham offered the family her support

He said the family condemned the Jandoo Report for criticising "the very people who have brought demand for a radical change in the criminal justice system".

The family have repeated their call for a full public inquiry into the handling of the case.

The Chhokar family has found support from SNP MSP Roseanna Cunningham and the Scottish Trades Union Congress as well as the Commission for Racial Equality.

Ms Cunningham said there was a need to investigate further resources for the Crown Office service and backed the family's call for a public inquiry.

She also called for the apparent disparities in the conclusions regarding institutional racism reached in the two reports to be resolved.

STUC assistant secretary Rozanne Foyer said her organisation would be launching an appeal to help fund an independent inquiry for the family.