My Tram Experience: Racism vs the people

The appalling and shocking views of the woman on the Croydon tramlink have led to controversy over the past week.

The viral video received thousands of hits after being uploaded and rose to prevalence through the trending and sharing of social network users. In a whirlwind domino effect, widespread news outlet took a hold of the piece, broadcast the video, slammed the mother and police were informed.

Now, 34 year old Emma West, whose views about immigrants were extremely racist to say the least, is in police custody and awaiting a trial for her foul and abusive language used to attack other innocent passengers on the rush hour London tram service.

West has been remanded in custody until Tuesday December 6^th, but her comments are much more the subject of debate than the sentencing.

The difficulty of the hearing hangs on the crux of freedom of speech. Whilst I by no means condone the harsh opinions of Ms West (following my own viewing of the video, I sat in a stunned silence for some time), her words are surely safeguarded under human rights acts. Freedom of speech and of opinion are constitutional requirements in this country and it in order to maintain such standards, it would appear the case should be laughed out of court.

And here, the phrase is quite hurtful. Because why should such a case be laughed out of court? In moves to avoid dictatorship, it would be in the interest of all peoples to be able to speak freely without consequence.

However, no law goes untested and restrictions need ensure that freedom is managed and controlled: otherwise, we would all be at liberty to abuse other members of society: and such fragmenting is all too reminiscent of the August riots across the country.

Indeed, Ms West’s misunderstanding and lack of prowess regarding those of foreign origins is probably much more widespread than we would care to admit and the views of racial superiority that were once commonplace are certainly subsurface factors in tensions between different groups.

Of course, there comes a point where such tensions boil over and not only were Ms West’s allegations proof of this, but the fellow passenger who was quickly aggravated by her onslaught adds to our comprehension of the problem. Thankfully, another commuter calmed the retaliator with some speed: for otherwise, the focus of the video may have been overshadowed by a supposedly unprovoked violent attack.

Balancing public protection and freedom of speech comes with a fine line. However, due to the incompatibility of the two, it is common that free speech come first, lest further action and civil unrest take place.

Yet this only leaves malcontent to breed. Won’t somebody please think of the children? One of the more distressing aspects of the video for myself was watching the toddler sat on Ms West’s knees, apparently oblivious to the shouting mother. Either oblivious, or numb to its consistency as a feature in his life. Hopefully, the child is being placed with other family members in order to ensure a much more rounded and happier youth – the difficulties in impoverished London boroughs are known all too well by any city residents.

However, what next for Ms West? Rehabilitation of sorts? Counselling? Social service intervention? Whatever a judge determines is satisfactory course of action to educate the woman of a proper sense of community… even if that is just to keep xenophobic comments to oneself on the public tram.

Nonetheless, this uncomfortable experience is the most daily and frequent occurrence of casual racism. For ‘unlucky’ Emma West, one fast-thinking commuter recorder her, thousands of other people brand and scorn without a comeuppance.

More, do we judge without knowing the facts? Had Ms West had an unfortunate incident with some person of foreign origins herself? Was she drunk or drugged? Is she recently bereaved? Or was it simply a bad day?

Our understanding of such people is key for social unity. Otherwise, we risk widespread riots on repeat. Of all the reasons suggested for the summer riots, this is but one of a never ending list of possibilities. 

Murder, Mystery; Accused, Acquitted.

Yesterday Amanda Knox walked free of the controversial murder of a British student in Italy.

Four years ago, Leeds University student Meredith Kercher was found dead in her shared student flat in in Perugia, Italy, where she had been undertaking part of her course abroad. In the interim, various people have been brought before legal systems in the European state and each has been appealed amidst a growing media frenzy that now has a question mark poised above the case.

Acquitted after serving a number of years in jail, where it is rumoured that she was badly beaten and abused by both police and fellow inmates, Knox was yesterday delivered exoneration.

Addressing the gathered jurors and officiators before the verdict was heard, Knox pleaded that she was “not who they say I am” and that a combination of corrupt police evidence and media furore had painted an unfair image on her character. Also on trial, ex-boyfriend Raffaele Sollecito added that the ordeal was a “nightmare” from which he had never woken.

Court officials were put beyond reasonable doubt when the case was reviewed this year as the evidence that had been gathered for original sentencing was said to have a number of flaws.

Contamination claims were treated with severity and the courts requested further DNA tests to be undertaken after it was agreed that the original conditions fell short of international standards. Rumours included that the police had not adhered to protocol in reviewing the evidence.

Key in the case, a kitchen knife that had been put forward as having had Knox’s DNA on the handle, Kercher’s on the blade. In addition, the accused’s genes were found on the victim’s bra.

Enormous pressure has of course fallen on both defending and accusing parties over the course of the action. Statements from examining officials claim that a number of Knox’s statements in court go against those she gave in original writing. Meanwhile, the rebuttal argument stands that the police treatment and stress of a friend dying caused any discrepancy to occur.

Indeed, so much has the argument of foul-play been brought into the courtroom that earlier in the year, Knox’s own parents were summoned to an Italian court for vilifying the police.

Now as the pardoning comes as a relief to the “broken” jailed, it advocates a serious need for further regulations and review.

Sex game or murder? The case needs further scrutiny for sure.

Meredith Kercher was found by police with her throat slashed. However, initial investigations also revealed that there was proof of sexual activity before her death. Whilst the nature of the death remains a mystery then, there is an obvious need for prudence.

Should there have been any carnal relations, the very nature of evidence found on items such as the deceased’s bra is instantly rendered rather dubious. Moreover, although the knife in question may indeed have been the murder weapon per se, student is as student does. Ergo, the genetic evidence on the handle could easily be a case of poor, or complete lack thereof, cleaning utensils after usage.

In addition, should the act have been perpetrated in the midst of erotic activity, surely the idea of murder in the first degree pushes lawful boundaries? For instance, there is a lack of mens rea: stating that a vicious crime needs a vicious will. Concordantly, the Italian justice system should have only been in the process of manslaughter charges at the most. Murder undermines both the system and nature of the case.

Although two people walk free today, another, Rudy Guede, is still serving time for the crime. We must question how many were involved in the killing of a self-sufficient and innocent English student. It does not seem logical that so many should want her dead.

Evidence being inconclusive and logic failing the circumstances, there can be no alternative but to grant freedom to Knox under current conditions. In fact, as the judge ruled that there was "no evidence of Knox having ever committed murder", there should be some compensation in the offing to appease what is a life ruined: Knox graduates prison without a degree, without friends, and without imminent prospects.

Grieving relatives may still have to trawl through the agonising details; the broken accused has to rebuild from painstaking experiences.