Tuesday, February 2, 2010

Racist attacker ordered to pay $130,000 compensation

From yesterday's Sydney Morning Herald:

A Sydney man has been ordered to pay more than $130,000 in compensation to an Asian man he brutally bashed during a cowardly, unprovoked and racially motivated attack, a court has heard. David Chia was sitting in a car with his girlfriend outside his home in Pymble in the early hours of January 21, 2006, when they were approached by a group of men who emerged from a nearby property.

''We have been drinking, we are pissed and your being in a car outside is really weirding us out,'' one of the men told the couple.

During a hearing in the NSW District Court in November, Mr Chia said the men allowed the couple to move further down the street, out of their sight, after he had shaken hands with one of them, Shaun Wickenden (pictured left).

But later that evening, when the men approached in their cars, Mr Chia's foot was struck by one of the vehicles and he was set upon. He told his girlfriend to drive away as the men began punching him and kicking his head as he lay on the ground.

Mr Wickenden yelled: ''You f***ing Asian, I'm going to kill you, you gook,'' the court heard.

Mr Chia ran past his home, where he knew his parents to be sleeping, as he was afraid the men would follow him there. He ran down the driveway of a nearby property, where Mr Wickenden caught up with him, striking him on the back and the head with a garden stake he had taken from a neighbouring front yard.

Mr Wickenden was convicted of the assault and fined $1000, but his co-offenders remain at large, the court heard. Mr Chia suffered a broken leg, partial facial nerve palsy and neck and shoulder injuries. He was on crutches for more than six months and continues to suffer post traumatic stress.

''I accept unreservedly that the plaintiff was attacked … in a cowardly, vicious and violent [manner], completely uncalled for,'' said Judge Ray McLoughlin. ''The plaintiff has suffered significantly from this violent assault … inflicted against him by the defendant and his cohorts who have never been identified.''

He awarded Mr Chia $130,505, including $75,000 in general damages and $40,000 in aggravated and exemplary damages.

I don't have a lot of information on this case, so it leaves me with a few questions. How come, 4 years later, Wickenden's accomplices have never been apprehended? Did he refuse to give them up? And the original punishment of $1000 seems manifestly inadequate for such a brazen and unprovoked assault. However, forcing him to pay Chia's compensation out of his own pocket seems like a better brand of justice. Shame it took 4 years though.
Reminds me of this recent story of an elderly Filipino man bashed to death in a random attack. In that case as well, alcohol was involved, but it was only the facilitator for ugly racism to come to the surface. In the light of recent violence towards Indian students, our police and politicians are always keen to downplay this kind of thing and reassure us that Australia is not a racist country. And I hope they are right, but the fact that this kind of thing happens at all seems to indicate otherwise.

24 comments:

  1. This comment has been removed by a blog administrator.

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  2. The Herald reports that Shaun Wickenden had been drinking with a group of people in a house in the same street as the victim lived. The victim was attacked by a number of people, of whom only Shaun Wickenden was identified. If he'd been drinking with them, then presumably he knows them, but has refused to divulge their names. So much for remorse and a sense of restitution for his cowardly actions.

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  3. this article, biggest bullshit i have read in a while.
    racist yeh whatever. he has more friends of a different race then most.

    1.x

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  4. @ Anonymous (10:36pm): if you know better, please share the details.

    If there's another explanation for him yelling "You f***ing Asian, I'm going to kill you, you gook," I'd be glad to hear it.

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  5. @ Anonymous (10:36pm): Sooo, if a man prefers to sleep with women instead of men and has a lot of female friends, then he is incapable of being sexist? Gee, if that's the case, we'd be living in utopia round about now.

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  6. I love the second anonymous guy, who is wandering around from blog to blog (Googling the same stuff) trying to clear Shaun Wickenden's name (yes, that's Shaun Wickenden, Kings School, I suppose, Rowing, Pymble - let's keep those search terms alive!) by posting the "Some of his best friends are Asian" defense.

    Uh, yes, a 'friend'. Hi Shaun! How's your employment situation looking? I hope inherited wealth is on the cards because it's not all that likely you're going to find serious work with the grownups. 'cause in the age of Google, dude, you're fucked.

    For the rest of you, strongly recommend writing angry letters to news outlets and the NSW Police Minister and Attorney General to keep this one alive. And post to comments on blogs. Don't forget to get Shaun's name everywhere. Share the Google life-ruining love!

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  7. Anonymous (the second anonymous)February 5, 2010 at 8:25 PM

    I'm the second anonymous guy, and I'm hardly trying to erase Shaun Wickenden's name from this incident, but exactly the reverse. I think the more people that post his name in various blogs, bulletin boards etc, the more likely it will be that future employers are able to quickly identify him as the racist guy in the Herald article.

    I'm at a loss to see how my post could be interpreted as exonerating him in any way.

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  8. @ second anonymous guy: I think the fourth anonymous guy was referring to the third anonymous guy and mentioned you by mistake.

    That's confusing. Which is why it's better to give yourself a name, rather than just anonymous.

    Personally, I don't think it's necessary to go around blackening Shaun Wickenden's name any further. It's already out there on the public record, and he's got $130k to pay off. I figure he's probably learned his lesson.

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  9. Thanks for posting this ES.

    I guess mummy and daddy will be covering the damages.

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  10. $1000? That's not even compensation, that's an insult. Something tells me that if Shaun Wickenden were beaten as severely as he beat David Chia, he would demand a lot more than a paltry thousand bucks. And he'd probably get it, too. Justice should never be so delayed, nor so weak as this.

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  11. I know Wickenden personally and he is the most racist person I have ever met. His "fun" includes beating up asian prostitutes.. Hope he reincarnates as a Changi prisoner of war..

    Dr Roy W Gordon

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  12. Jesus Guys, I'm Sure Shauns not the Only person in the world to do something Stupid that they regret when they're Drunk, I have to agree with Some of you, Why post his name everywhere when he is already suffering the consequences of his actions, Just leave it at that...
    Seriously Though think about it, Have you ever made mistakes when you've been drunk?, Most of your answers will probably be a yes, or a "Can't Remember, Too pissed" But Seriously, get over it... Just another hate crime in a racist world... I bet most of you have been racist at some stage regardless of how minor it may have been, I mean, i can admit that i have said a few stupid thing, But everyone is as bad as eachother... That is all

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  13. @ Anonymous (February 15, 2010 9:55 PM):

    "Have you ever made mistakes when you've been drunk?"
    Yes. Most of us have.
    "I bet most of you have been racist at some stage"
    Yes. Most of us have.

    Have most of us ever violently and savagely beaten someone due to racism or drunkenness?

    Hell no. That's why Shaun is a dick.

    "Doing something you regret when you're drunk", for normal people means pashing someone ugly, or puking in an inappropriate location, or getting busted for running around naked.

    Beating the crap out of someone does not fall into this category.

    "Just another hate crime in a racist world..."

    Oh, is that all?
    Your sense of perspective is really troubling.

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  15. This comment has been removed by a blog administrator.

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  16. I have deleted the last couple of comments because someone has been posting personal information about Shaun Wickenden (phone number, address, friend's names, etc).

    Now as I've stated, I have no liking for Wickenden or what he has done, but I think that posting his personal details is really inappropriate, particularly as it affects not just him but his family and friends.

    This is getting too close to vigilantism to me, and I shan't condone it on my blog.

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  17. Not sure if Shaun Wickenden has learned his lesson: he's back on facebook, and is a fan of a page called, 'All The Crazy Shit I Did Tonight, Those Will Be The Best Memories".

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  18. This is reminding me more and more of China's Human Flesh search engine...

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  19. @ Yuey: it is indeed! To be honest I'm not sure why there is so much interest in his personal life. I'm really just interested in the crime itself.

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  20. all the crazy shit i did last night they will be the best momories.... the guy is a sick cunt. love you shaun.... chia hahahahah geek

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  21. @ the various Anonymouses,
    So if some drunk person came and brutally bashed you because of your race and shouted death threats and racial slurs at you, it would be okay coz everyone makes mistakes right?
    Yes Shaun is indeed suffering the consequences of his actions, and those consequences include public humiliation for his crime. It's the price you pay for being a racist f*ckwit. Condoning this makes you as bad as the perpetrator.

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  22. SW is a sick cunt and pounds asin pussy and thats all :)

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  23. @ Anonymous (Sept 8 2011 4:07PM):

    That's quite a ringing endorsement.

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  24. hahahah pretty sure you have achieved nothing here besides the fact that sad cunt david chia started an incident and got knocked....lol read the fact from the criminal case and all you faggots with anonymous are dogs

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