How can they call this justice?

11 September 2009

Steve Gater

A YOUNG man who was left with half-a-head after being attacked must now face the prospect of no one being convicted after the Crown Prosecution Service this week revealed it had dropped the case.

Forklift driver Steve Gator, 26, Farnham Road Harold Hill was left brain damaged and with a grotesquely disfigured half-skull after he was attacked on his way home from work earlier this year.

But the young man, who now suffers seizures, has difficulty communicating and remembering, and has lost parts of his personality, will never see his attackers face court after the CPS decided "there was insufficient evidence to provide a realistic prospect of conviction."

The CPS was unwilling to elaborate on what more evidence was needed.

Speaking exclusively to the Recorder, Steve's family hit out at the decision, vowing to fight to see his attackers brought to justice.

"I can't believe it. These two have already pleaded guilty," Mum Nina, 47, said.

"Everyone is entitled to their day in court. Our boy is walking around with half-a-head - what more evidence do they need?"

Steve, nicknamed 'pin head' by friends for his small build, was walking along Hilldene Avenue around 7.30pm on January 15 when it is believed the thugs started yelling out taunts about his cousin.

When Steve confronted the teenagers he was met with a punch that sent him flying, knocking his head on the pavement and putting him in a coma for the following two weeks.

His brain quickly began swelling and doctors at Queen's Hospital removed the front half of his skull just hours after he was admitted.

Distraught mum Nina was later told he had a 15 per cent chance of survival.

The following day two teenage boys were arrested in connection with the attack.

They appeared at Havering Magistrates Court on the 19th and were both remanded until the 26th where they received bail.

One month later they appeared again at Redbridge Magistrates Court.

Around one week after waking from his coma Steve returned home to his mum who is now his main carer.

"He's just a different boy. The sparkle is gone. He used to be independent but he can't work anymore, he can't drive," Nina said.

"He's got half-a-head and he's completely lost his confidence. There's absolutely nothing protecting his brain now - it's just under his skin. We're waiting for surgery for a new skull plate to be put in."

Speaking about the injustice of his situation she added: "Steve never laid a finger on anybody - how can that be fair? I feel everybody should have their day in court where it's decided by a jury. He's got to live with this the rest of his life."

Steve's aunt Mandie Copley also hit out at the police's investigation of the case which saw them take more than 24 hours to cordon-off the crime scene.

In a long list of complaints she added: "The liaison officer first appointed to us left after two weeks and no one else took over. No photo evidence was taken of Steve's injuries until four months after the assault. The conditions for the assailants to stay away from the area were dropped without telling us. And one of the court dates was moved from Havering magistrates to Redbridge without telling us. We're disgusted by the way we've been treated by the police."

A Havering Police Spokesman said: "Two people were charged in connection with the case. We gave the CPS all the evidence available and after reviewing the case they decided not to proceed with it. We adhere to their decision."

Borough Crown Prosecutor for Havering, Corrine Soanders, said: "A decision was made to charge both defendants with unlawful wounding on 17 January 2009.

"Once the CPS had been supplied with all the necessary evidence relevant to this case, a full review showed there was insufficient evidence to provide a realistic prospect of conviction. This is a key test which must be met to bring a prosecution and in light of this, the case against the two defendants was discontinued.

"I apologise to the victim and his family for not conveying this decision to them personally. I welcome any questions they may have and will be contacting them shortly to offer further explanation.