Melanie Reid
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When two police officers came to interview Jamie Bauld, a polite, friendly Down’s syndrome boy with a mental age of about 5, he welcomed them with a big smile and a handshake. As the officers read him his rights and charged him with assault and racial abuse, he agreed with everything they said, then thanked them for coming to see him.
Yesterday Jamie’s parents told The Times that they had been through a seven-month ordeal with the Scottish legal system over what they described as a minor fracas between two youngsters with learning difficulties.
Jamie, 18, cannot tie his shoelaces or leave home on his own, nor can he understand simple verbal concepts such as whether a door is open or shut. But his parents said that he was charged with attacking a fellow student, an Asian girl who also had special needs.
Jamie’s parents described as “utterly ridiculous” the actions of the authorities in bringing adult charges against their son, who they said was not only innocent, but unable to comprehend why he had been in trouble.
They believe that he was a victim of the zero-tolerance policy on racism under which police have to respond to any complaint, however minor.
Experts in Down’s syndrome say that the case shows insensitivity and is an example of bureaucracy gone mad.
The incident in question took place last September at the special needs department of Motherwell College, in Lanarkshire, where Jamie is a student. Fiona Bauld, Jamie’s mother and full-time carer, claimed that the Asian student, who is only slightly older than Jamie, had been following her son and staring at him. Jamie had earlier complained to his parents that her behaviour scared him, and they had advised him just to walk away.
But one day, his mother said, the girl came close up to Jamie as he was eating lunch. He pushed her with one hand and told her to go away.
“It was,” Mrs Bauld said, “like two five-year-olds having an argument.” It was, therefore, no surprise when she received a phone call from the college to say that Jamie had been told off for pushing the girl, and that the girl had been reprimanded as well.
Soon after, however, the Baulds heard that a notice had been placed in a Motherwell newspaper asking for witnesses to a “racial assault” at the college on the day in question. It is not known who placed the advert but afterwards two police officers came to Jamie’s house in Condorrat, Lanarkshire, and interviewed him.
Jim Bauld, Jamie’s father, who was present at the interview, said: “They asked Jamie if he had slapped the girl on the face and he said yes, because he thought that was what they wanted him to say – because Down’s syndrome [people] always try to please.
“I asked them if they had any experience of Down’s syndrome. I had no idea they were going to charge him. I sat and listened in absolute disbelief when they read him his rights and charged him.
“I said it was ridiculous, he didn’t even understand simple things, like inside and out, upstairs and downstairs, whether a door is open or shut, and they were reading him his rights and he was saying, yes, he understood. Then he shook their hand and thanked them.”
The officers, Mr Bauld said, were very pleasant and told him not to worry “because the case would come to nothing”. They told him they would explain to the Procurator Fiscal that Jamie had Down’s syndrome, and that the Asian girl had admitted that she had scratched her own face to mark it and referred to herself as “blackface”.
Shortly after the visit came a letter from the Procurator Fiscal in Hamilton saying that the authorities now had enough evidence to charge Jamie. Mrs Bauld phoned the Procurator’s office and asked them if they knew Jamie had Down’s syndrome. She claimed officials refused to discuss the case with her. The Procurator Fiscal’s office denied this and said that the family were kept informed throughout the process.
In December, Mr and Mrs Bauld asked their lawyer to write to the Procurator Fiscal to explain the situation. They did not receive a reply.
It was 7½ months after the initial incident when they received a brief letter from the Procurator Fiscal to say he would not be proceeding with the prosecution. There was no apology.
Mrs Bauld said: “The incident was blown out of all proportion. I can’t believe that two special needs people should be dealt with like this. The whole thing was handled so badly.”
A spokeswoman from Down’s Syndrome Scotland said: “I have never met any Down’s syndrome [people] who are racist. This incident should have been contained within the college. It has been very badly handled.”
Annabel Irvine, the former head of Glencryan special needs school, who taught Jamie, said: “They have been through absolute agonies. Jamie is the most polite, well-mannered boy.”
A spokesman for the Crown Office said: “There were a number of further inquiries which required to be made by the Procurator Fiscal before a final decision could be taken in this sensitive case. We were fully aware of the family’s anxieties about this matter, and the Procurator Fiscal kept the family informed throughout.”
A spokeswoman for Strathclyde Police said: “All we can say is that on September 4, 2007, an 18-year-old was reported to the Procurator Fiscal in connection with an alleged incident of assault and breach of the peace at Motherwell College.”
The spokeswoman said the force recognised that special care and understanding were required when dealing with “mentally disordered persons”.
The condition
— Down’s syndrome is a disorder of the chromosomes, named after John Langdon Down, the British doctor who identified it in 1866
— The condition affects cognitive ability and physical growth as well as facial and physical appearance
— It can be identified during pregnancy. People can have mild to moderate learning disabilities. A small number have severe to profound mental disability
— The incidence is estimated at 1 per 800-1,000 births; the age of the mother is a major influence
— Screening for problems, medical treatment, a conducive family environment and vocational training can improve development
— 18 per cent of adults aged 18-60 with the condition are in paid work
Source: Times database
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leave this boy alone i have it why would you do say that to him
tara, sydney, croydon
Your article should read " boy with Downs Syndrome " NOT "Downs Syndrome boy" otherwise it's a bit insulting dont you think? He is foremost a boy (actually a man so you have insulted him twice) not a disability.
Kate, Portsmouth,
Before the CPS was formed , the police were responsible for
prosecutions, and from personal experience in my job, the inspectors in our local court were far superior to the CPS. I'm sure this appalling set of circumstances could not have occurred in their day. PC meant police constable of course!
Jean, Medway, U.K.
Disgraceful ineptitude which proves beyond any shadow of doubt that this country has completely gone down the pan. As the camp doctor said at the end of 'The Bridge on the river Kwai,' "Madness! Madness!"
The greatest aspect of the true Englishman, with his ability to turn his hand to just about everything, is truly not to have sat in his armchair for the last decade... Now, alass, it is far too late. Get out now, if you can still afford it.
Edward Ashley-Smith, Holmer Green, England
It's the simple case of an easy target to charge this child and tick another box - if you set goals with vocational work you end up with no common sense just good people placed under starin who HAVE to get to the right levels or their bosses penalise them. See this for what it is an easy statistic - and the Governments fault!
Philip, Weymouth, Dorset
"The Law is an Ass" so sayth Charles Dickens in Oliver Twist. In Scotland, the Law is an Ass both literally and figuratively. Madness, absolute madness. And you call your country a democracy. I don't think so, not any more.
Dave H, Alexandria, USA/Virginia
The election is coming. You have a vote. Use it.
KR, Stockport,
it is outrageous but perhaps the girls family does not understand what downs syndrome is. I have never seen or heard of a black or asian child with down syndrome
e thomas, cardiff, uk
Odd, isn't it, that as university attendance reaches record levels, the country finds itself in the grip of a widespread absence of commonsense. What are they teaching in these places?
We've always had dingbats, but now they're emerging from "uni" waving bits of paper stamped "Genius" - giving them access to the switches and levers of power. What else could explain it?
I have to say I wouldn't trust most "graduates" of my acquaintance to clean floors. Jamie's had a narrow escape.
Ken Leyland, Liverpool, U.K.
It has long been obvious that to become a policeman/woman it is required to have common sense removed. This process has now gone on for so long that even the most senior officers no longer show any signs of that oh so necessary element in a normal life.
mike gee, bournemouth, uk
Police performance targets gone mad. The other problem is that many officers have grown up in an environment where decision making has been taken away from them and they just do as they are told out of fear of their bosses. Jamie should not have been arrested, or charged but mum and dad should have been advised and left to deal with it, they know Jamie best.
My advice would be to challenge the head of local police to confirm that this prosecution is a result of performance targets gone mad, that Jamie could quite easily have been advised, and then police could get on with proper police work.
I would also make a complaint against head of police for being incompetent, lacking experience in crime investigation (the content of the interview I would suggest is inadmissable as evidence considering Jamie's condition) and being spineless in the face of common sense.
Jeff, walton on thames, Surrey
I think it's great.
Do you have to pay a royalty to the Daily Mail every time you utter the words "Political Correctness Gone Mad"?
It's Plotical Correctness gone Mad, that's what it is. (No royalites owing, thanks to mis-spelling....)
I blame the government.
neg, Biggleswade,
Disgusting. Another reason to man the barricades. We heading for hell in handcart - anytime now.
Tom, Corsham, UK
Insanity un-Ltd
Cops and Judiciary chosen on negative criteria?
The ultimate plague: deeply inescapable moronic on-a-mission assault troopers against our children
Francoise Phipps, Ronchamp, France
PC mad country..PC mad politicians who don't listen to the public..and a Police service that is quite frankly a laughing stock! hahah.
Nick Bateson, leeds, england
The British authorities are so desperate to to see racism where it does not exist, they are willing to persecute someone with Down's Syndrome to prove their point. This is truly pathetic and is a sad reflection of how far those who occupy positions of authority are willing to go to prove to themselves that the British are a racist people. The actions of the Police in this case are an insult to all those who call themselves British. It seems that we are already on the brink of living in a police state!
C Knowles, Wakefield, United Kingdom
A lot of problems like this are created by "sane" caretakers (parents, teachers...) who put their noses into things they do not understand.
Igor, Ljubljana, Slovenia
Totally sad both children innocent,its the so called sane people who need a dressing down.
Brendan Dowling, Marbella, Spain
Why was this a problem?
Because screaming "racism" has become a marvelous little earner in the compensation market.
If there was no chance of compensation you would see the "racism" claims drop through the floor over night.
Ragnar Vagmornasson , Berlin, Preussen.
this is absolutely unbeleivable! im struggling to get my head round this people like abu hamza can preach in the street for weeks on end (& there is others like him) but yet 1 minor incident between two children then the police are involved i know the police have a job to do but at what point is common sense going to come in?!
barry , leeds, yorkshire
Until you all stand up and say NO, this will continue.
Craig, Miami, Florida USA
Please keep these stories coming. By highlighting the extreme cases such as this perhaps the British people will start to take a look at what their society has become.
Nic Corry, Hong Kong, China SAR
Many of us already know what our country has become but we can't do anything about it. We are in a linguistic prison that prevents us from voicing our concerns for fear of becoming criminalised by accusations of race or other -isms. The police and government have us under permanent surveillance and the laws grow ever more draconian as we have more and more reason to defend ourselves using any means necessary against the kleptofascist state. We can't all escape overseas so what do you suggest we do?
Tam Earl-Aine, Cheltenham,
I wonder if the police can be charged with wasting police time?
Danny, Greater Manchester, England
This is not a new phenomenon - I had a stepbrother who was Down's Syndrome. We lived in a large house in the country with no near neighbours, but some stupid member of the public passing by reported "a strange man acting suspiciously" in the neighbourhood. Up came the Constabulary to interview him - his "crime" - he was skipping along the road, singing and waving his hands above his head!
Kate, Nairn, Scotland
Fascism is alive and well, when are people going to wake up to the fact that the Police and any authority are the enemy.
Arthur Guy, Gloucester,
Well this story just sums up the police in a nut shell. Obedient and loyal servants to bureaucracy but overt enemies of common sense and basic morality. And the greater tragedy if this case, is that we the people of this land have silently stood by and allowed ourselves to be oppressed by the deceit of Politically Correct Fascism. We have damned ourselves in the long run to an Orwellian state where mindlessness and government thought control is the status quo. Welcome to the 'Ministry of Love'.
Ian deMontfort, London, England
"We must all thank Europe for these potty and pathetic laws"
- mike, London, Uk
No Mike, thank the lawyers - they're the ones who are always in the background stirring things up and making sure they have a job for life with their vexatious interpretations of basically sound laws.
If hired separately, 10 lawyers will have 10 different interpretations of any given law, and will argue it out using your money (until that runs out, at which point you -and justice- can go hang)
Homer, London,
When there are no white faces left in the UK, hopefully they will turn on each other with all this PC crap......uuuuummmmmm she scratched her own face then dealt the race card!!!!! seems like a lot of people do this and get away with it. We must all thank Europe for these potty and pathetic laws
mike, London, Uk
You would think the police had more useful things to do with their time.
Bureaucracy in action yet again.
Paul, Edinburgh,
This is one of the many reasons I have left The Country I once loved. I now live in Canada, & have no intentions of returning to a country where PC has gone overboard.
James, ontario, Canada
I'm sure that all the personal information of the officers and legal team involved in orchestrating this crime of institutionalised anti-white racism against this poor disabled boy will soon be made public. The British public have had enough of this kind of thing. Those officers at Strathclyde police involved in this abuse against this poor boy should be deeply ashamed. Your names, home addresses and personal information will be made public.
Hugh, Manchester, UK
I agree with a lot of the above comments. It's absolutely outrageous. But a few additional concepts.
It's also true EVERY report of domestic violence has to be chased up by the police. Absolutely right many would agree, including myself, because I also believe 100% domestic violence is a horrific issue.
Yet there is no doubt SOME allegations of domestic violence are nonsense. As someone who has been the subject of false allegations of domestic violence, while I completely hated the ordeal, I also understood why policemen were at my house on my ex's behalf. They couldn't know she was lieing...
So yes, can understand why police followed this charge up. Equally it's preposterous that beyond any minor paperwork, this young boy or his family were harrassed .
As for those wondering why the Asian Girl was't charged, same reason why women who make false allegations of domestic violence are never pursued for wasting police time...
Bill, London, UK
The reason real criminals dont get arrested is because they are the ones making the laws, enforcing the laws and running our countires. We would all be better off without any of them.
Mike, Toronto, Canada
There was an incident reported the police acted accordingly. If they hadn't investigated a public complaint that would be a far greater issue. It does not matter that Jamie Bauld has Downs syndrome the investigation needed to be carried out, his condition needed to be taken into the consideration but it is not for the police officers too say he is exempt from the law, that is a matter for the courts. As it was the complaint was dealt with and the boy was not prosecuted. After all should the police not be expected to look into cases that involve suspects with similar disabilities?
Steven Millar, Erskine, Scotland.
Bureaucracy gone mad? Or just another example of the police picking on a soft target in order to meet their quotas?
Mike Bibby, St Albans, England -not EU
Let's get the names of the officers involved and publish every detail of their lives right down to where they live. They have ruined this poor boy's life. It's time for them to feel his pain.
David Smith, Northampton, UK
More wasted time, money and effort, not to mention the distress caused to the families involved.
Yet another example of a civil service gone mad.
These people are meant to be servants of the people not bringing the police service, the legal system and the country into disrepute.
The people involved should be disciplined and when found guilty, sacked at once.
Ian Johnson, Ramsgate, UK
This doesn't surprise me at all. My father, who has dementia and is a patient at a specialist unit with the NHS in northern England, was injured and an ambulance was called to take him to an Accident and Emergency unit. As the ambulance staff tried to move my father he became agitated and struck out - as people with such dementia do, the ambulance staff wanted to have my father arrested. The nurses in the specialist unit had to argue with them that this was not just wrong but ridiculous. They kept pointing out to the ambulance crew that my father has severe dementia, he doesn't know his own family and was scared. The ambulance crew just kept repeating the mantra of 'zero tolerance of violence to staff' and just wouldn't understand that there was no way that my father could ever be questioned or charged. Thankfully the police weren't called but the crew just didn't want to show common sense.
Mark Jones, Cardiff, Wales
Take a look at the SACL website, tells you everything you need to know about Scottish justice.
http://www.sacl.info/
Bob, Lon., England
This story just sums up the state of this country. We so need change! Britain is a laughing stock!
mark, Leeds,
PC and PCs (or DCs) gone mad
Bill Peter, Kuala Lumpur, Malaysia
Please keep these stories coming. By highlighting the extreme cases such as this perhaps the British people will start to take a look at what their society has become.
The "State" has been set up in such a way that there is no room for common sense from anybody involved in this debacle. From the College, to the Police, to the CPS.
Inevitably it cost money, and our taxes have been justified. The pen pushers should just stop and look at the two victims in this case. A young boy and girl who are truly innocent.
Hell only fit for the person who placed the advert who aggravated the issue.
Nic Corry, Hong Kong, China SAR
Richard, Manchester - no the problem is more far reaching than the Produrator Fiscal's office in Scotland. It is now sadly endemic across the UK with seemingly sound laws and by laws being constantly undermined by the solicitous Legal Profession using Human Rights and Civil Liberty Law to prevent true justice being upheld. Coupled with a lazy Law Enforcement arm that tars all with the same brush and abdicates any notion of rational thought and you have the answer as to why most of us law abiding citizens fear the aftermath of crime as well as crime itself.
Lenny, Goole, Goole, East Yorkshire
The point is why hasn't a charge been brought against the little Asian girl for racial assault? The PC brigade only seem to think that whites can do such things. In most cases, as it seems here, race has nothing to do with such minor incidents and only the racist PC people make it so.
On a similar vein, it is so sad for all the Zimabaweans in Africa who are now suffering for the previous racists in the West for not believing Ian Smith and the others who forecast what would happen. Shame on all of them.
B J Deller, Marbella, Spain
The police are the poodles of the CPS. Surely police should be allowed to make decisions on whether to prosecute in a case like this, rather than having to wait months and cost the taxpayers heaps, for the CPS to - finally - arrive at the correct outcome.
Jane, Christchurch, New Zealand
This news story has sickened me, do the police and other authorities have no common sense and I wonder what would have happened if the other person was not of asian origin, probably nothing !!!
B Wilson, Edinburgh,
Has he been charged for terrorism too?
Sent on rendition plane yet for torture because he gave then a funny down look?
lauren, London, Uk
I wonder if this would have happened if the Aisian girl had pushed Jamie? I think not!
Sam, Poole, Dorset
Lets stack everything up in favour of the ethnics! And the politicians are wondering why there is the begining of a ground swell towards right wing parties!!!!
Pete, St Albans, England
As usual the people responsible for these idiotic decisions hide behind the platitudes of a spokesperson and no one takes responsibility. I think Jamie and his parents deserve a full and abject apology from both the police and the procurator office.
eve, woking,
I have been a police officer for 26 years. This story does not surprise me in the slightest. Common sense and discretion by trained professionals has been sacrificed to mindless performance targets and managerialism in recent years. I am very sorry that it has come to this but the police only reflect society in general.
Allan, Macclesfield, UK
The world has gone mad. Even if this guy was not Down's Sydrome there should be no issues here.
Buster, Birmingham,
The Stupified comments from an illiterate public. Concentrate on real Criminals. What do you think the Police are doing ?? Politicians through all Media channels mislead and stupify the Public. While all the time they are building an army of Paramilitary style Police. Is this for the future trouble they are expecting with unchecked immigration that they themselves are creating. The Criminal Justice system has become a self serving business of Cancerous proportions. If you can't see it you must have your eyes shut.
Mark, Newcastle, uk
The problem here isn't with Strathclyde Police, but rather with the Procurator Fiscals office. This kind of attitude to mentally disabled adults and children is normally associated with New Labour's attitude towards the disabled, as practised in England and Wales. I've not heard of the same attitudes being adopted in Scotland, until now.
Head of the Procurator Fiscal office is Elish Angiolini QC and it is she who explain how it is this case wasn't bouced into touch as soon as it arrived in the PF's job queue. She should also be announcing an investigation to ensure that none of the PF staff exhibit national socialist traits in their attitudes towards disabled Scottish citizens. The most disturbing element is "shortly after the visit came a letter from the Procurator Fiscal in Hamilton saying that the authorities now had enough evidence to charge Jamie." Someone in the PF office determined this and this should be investigated with some urgency.
Richard England, Manchester, England
Joe, Edinburgh. No they don't
Andy L, st helens, UK
I think we also need to be asking who put the advert in the paper and who put the girl up to claiming she was racially abused.
Personally, I can't see past her family.
Alex, London,
Read him his rights and charged him.....Absolutely outrageous. What is wrong with the police and court officials? Are they automatons with no common sense, no sense of judgement i.e. the ability to make considered decisions and come to a sensible conclusion. All levels of officialdom seem to be afflicted with this lack of judgement leading to an ever widening the gap between ' us and them '. It is a complete failure to take any personal responsibility for one's actions or decisions right up the chain. It could easily happen south of the border.
Josh Martin, Oxford, Gt.Britain
What was that judge saying the other week about people no longer respecting law enforcement ?
jasper, chelmsford,
And what is the mental age of the people who brought this action?
lynne , Rushden,
What a complete waste of time and money just so targets can be met.
Don't our police officers or their superiors actually have any sense any more.
joe, Edinburgh, Scotland
The police are an embarrassment , where are they breeding them nowadays ?
Benzo , Nr Chelmsford,
Maybe if they had not dumbed down police training and deprofessionalised them they may have had more insight into these issues. we are now reaping years of lack of invest. This is the result.
k darling, leicester, uk
Beggars belief, not that I have much belief in our Police.
Then again who has.
Underpins the fact that "The Force" now called "The Service" (what a misnomer if ever there was one) is populated by self serving pension seekers steeped in a canteen culture and distorted management speak along with its associated dismal standards, rather than true vocationalists.
Recruitment policies need to be adjusted, and soon.
Tom Taylor-Duxbury, Ludlow, UK
The officers and prosecutors in this case need to be disciplined. Its no defence to say 'I was only obeying orders'. That was tried by the Nazis and they didn't get away with it - Why should the Stalinists in Motherwell be allowed to put it forward as an excuse for their behaviour.
The people who made the rule need a good kick. The people who enforced it need to be prosecuted so they can understand what it is to have your life ruined for political correctness.
Richard, Kiev, Ukraine
I don't get it, how was this racially motivated?
Is every crime where the victim is a different race a racial assault?
David, Sussex,
These people should be deeply ashamed of themselves.
Racism as practised by the Nazis etc was evil.
What happened in this case has no racist element.
Racial tolerance is not aided by the prosecution of an innocent.
janette bond, morecambe, britain
Soft target again to help Government stats. If only the police would concentrate on the real criminals and thugs
Richard Woolf, Stanmore,