On March 21, 2007 the National Action Plan Against Racism (NAPAR) held a seminar entitled ‘Combatting Racially Motivated Violence: Is our legislation adequate?’. Connected with that, researchers issued ‘Combating Racism through the Criminal Law’ which looked at the introduction of racially aggravated offenses to the Criminal Code. They decided against it, and here is why.
‘Due to the social stigma attached to being convicted of a "hate crime" or a "race crime," defendants are unlikely to plead guilty to such an offense, thus leading to lengthy and expensive court proceedings. Proving that an offense was committed with a racist motivation or on the grounds of hostility to a standard satisfactory to the criminal law can also prove problematic. While it is important for the legislature to make it clear through the law that racism will not be tolerated, that message will lose much of its impact if there are very few convictions under the Act.’
Toyosi Shittabey is dead at the age of 15 and his families lives have been ripped apart. The two men arrested, and charged, with stabbing him to death using a kitchen knife have been granted bail and are being brought up on charges of manslaughter. You read correctly; manslaughter!
By all reports Paul Barry, 38 and Michael Barry, 23, pulled along side Toyosi Shittabey, while he was walking home from a visit to the National Aquatic Centre in Blanchardstown, West Dublin, with some of his friends on Friday April 2nd, 2010. They slowed their car and began to racially abuse them. Being wise enough, and most likely through experience, the friends decided to ignore the men. This lead to one of the men leaping out of the car and taking one of Toyosi’s friends by the throat. This caused the friends to run, but seeing his friend in a lot of danger, Toyosi ran back to help. That is when he suffered the stab wound to the chest that ultimately killed him. He’s dead because he was black; dead because of a despicable rage festering inside these men that made them see a skin color instead of a child. These men will soon be back on the streets; they have been granted bail; they are child killers and they will, for all intents and purposes, be free.
Ireland does not collect hate crime data. In a country with such a high population of immigrants, many being of African origin, I would expect the government to protect the rights of the people they are welcoming in to the country. This can not be covered with the brand new excuse of ‘cutbacks.’ This is a failure to act in the interests of justice.
When a hate crime as hideous as this is carried out it smashes at the core of society, and destroys the lives of the victims family. There is no doubt that this will cause grave concern for the Gardai in the coming weeks. Community relations will be strained and racial tensions will rise. The two men responsible for killing Toyosi Shittabey are racists, and they have done what racists the world over want to do. Strike fear, stoke hate and eliminate the life of one person because of a color they don’t like.
When Paul and Michael Barry go before the court there will be no chance for the judge to make an example of them. Their decision to murder a school boy because he was black, will be treated the same as any other murder in this country and they will likely do less jail time than we think. If they are convicted of manslaughter, they will be free in a few short years.
This is because Ireland has not introduced racially aggravated offenses to the Criminal Code. This is something the country needs now more than ever. The morale of the country is at an all time low and people are in despair. If we let grown men walk the streets killing with racist intent, then we should all think about leaving. Now is the time to show your intention Ireland.
The murder of any child is disgusting and if I were in charge, I’d hang child killers. But this killing strikes deeper. It’s seen as a threat to the African community. Psychologically, and socially this killing will leave a deep scar, not only on the area of West Dublin where it took place, but also on the face of the country as a whole. Action must be taken now to make sure we as a nation are united in our disgust at this awful killing. Ireland now needs to introduce legislation to deal with hate crimes. We risk too much by standing by and shaking our heads.
The son of my wife’s best friend played in the same under 15 soccer team with Toyosi at Shelbourne FC. One day they could have both possibly played for Ireland, side by side singing Amhrán na bhFiann, before trying to do their best for the country. Toyosi will now never get to do his best for Ireland. But will Ireland do it’s best for him and the members of his community? It has to, they are also at risk.
May he rest in peace.
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