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Asian prisoner challenges miscarriage of justice

By Liz Fekete

1 August 2002

Satpal Ram, whose case became a cause celebre, was released from prison in June on a life licence after having served fifteen years for the murder, in 1987, of Clarke Pearce in a Birmingham restaurant.

Human rights activists, campaigning for Satpal Ram's release since 1987, argued that he was a victim of a miscarriage of justice as he had been defending himself from a racist attack at the time the killing occurred.

The case of Satpal Ram

Satpal Ram, 20, was eating with two friends in a Bengali restaurant when six white people also arrived at the restaurant.The group, who had been drinking, racially abused Satpal Ram and others. When Ram asked the waiters to turn the Indian music up, Clarke Pearce said 'We don't want any more of this fucking wog music.' An argument developed and during the subsequent fight Clarke Pearce stabbed Ram twice, in the face and wrist. Ram, attempting to defend himself, pulled out the knife he used at work. Both men were taken to hospital, but Pearce refused hospital treatment for his injuries and later died.

Legal failures

Ram, who received inadequate legal advice, was subsequently convicted by an all-white jury in 20 minutes after a three-day trial, during which the Bengali-speaking witnesses were not provided with interpreters, with the white English-speaking judge interpreting for them. Despite the judge setting a tariff of ten years, Ram spent fifteen years in jail during which he campaigned for prisoners rights. He was moved 74 times between different prisons and kept in solitary confinement for long periods.

Home secretary criticised

In October 2000, Ram was recommended for release by the parole board but the then home secretary Jack Straw intervened, arguing that Ram should not be released because he refused to admit his guilt. A legal challenge became possible after the European Court of Human Rights had ruled, in the case of another prisoner that, his human rights had been breached by keeping him in prison longer than recommended by the Parole Board. Following this, Ram's lawyers threatened the home office with a judicial review and the home office subsequently conceded that Ram's continued imprisonment was unlawful.

Further challenges

Ram's case has now been taken to the Criminal Cases Reviews Commission which considers miscarriages of justice. Lawyers also intend to bring a civil case against the home secretary for unlawful imprisonment.

Guardian 16.6.02, Independent 20.6.02, Miscarriages of Justice UK, www.mojuk.org.uk

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