Chhokar heckler waits for sentence

The gathering at which Chisholm spoke out

The man who heckled the father of a murdered Asian waiter at a memorial service has had sentence deferred for six months.

David Chisholm, 41, was told that the outcome of the case would depend partly on his behaviour between now and May 2003.

Chisholm was convicted last month of a breach of the peace at the service held by the family of Surjit Singh Chhokar on November 4, 2001, to mark the third anniversary of his death.

A large campaign was mounted over the legal system's handling of the murder, for which no-one has been convicted.

David Chisholm: Now left the area

Three men were acquitted after two separate trials. The Chhokar family believes the killing of the 32-year-old was racially motivated.

Chisholm, of Overdale Place, Wishaw, was originally charged with acting in a racially aggravated manner towards Mr Chhokar's father Darshan but Sheriff Dan Russell ruled there was not enough evidence to prove this.

At Hamilton Sheriff Court on Friday, Michael Gallacher, defending, said Chisholm regretted what he had done and had since moved out of the area.

'Racist element'

Mr Gallacher said: "What he did was inappropriate and he regrets that. All he was asking the man to do was speak English, he felt that the racist element was being manufactured."

Deferring sentence, Sheriff Russell told Chisholm: "I can then decide what the appropriate penalty will be and there will be some effect on what happens in the meantime."

Surjit Singh Chhokar: Stabbed to death

Speaking outside court, Aamer Anwar, spokesman for the Chhokar Family Justice Campaign, said they were disappointed by the decision.

He said: "The Chhokar family refuse to be cowed, they will not forget and despite the assertions of those in the courtroom and outside they will not give up fighting for justice or remembering their son."

One of two government-backed reports into liaisons with the Chhokar family found elements of institutional racism in the procedures both of Strathclyde Police and the prosecution service.