TWENTY five years ago today, in the early hours of January 24, 1999, brothers Jay and Michael Abatan were leaving the Ocean Rooms nightclub in Brighton, writes Andy Winter. There was an altercation with five other men over a taxi. Jay and Michael were assaulted. Jay was punched twice in the face. Falling over, he fractured his skull on the pavement. Michael is certain that later he saw a tread mark on Jay’s forehead. Michael himself was punched and kicked as he went to Jay’s aid. Jay was taken to the Royal Sussex County Hospital where he lay in a coma for five days before he died from his injuries.

Two men were quickly arrested and charged with manslaughter. However, due to an alleged lack of evidence, the manslaughter charges were dropped, but they were put on trial for the assault on Michael. After a trial in 2000, they were found not guilty. The judge had ruled the jury could not be told Jay had died in the assault, even though the jury had asked why he wasn’t appearing to give evidence in support of Michael.

Two years after that trial, one of those charged, Graham Curtis, took his own life at his home in Port Hall Road, Brighton.

Michael has always maintained there was a racist element to the assaults and the mishandled investigation, and that there were police officers at the Ocean Room that night. Sussex Police dismissed the racist element, one of many matters for which they were heavily criticised in a review of the investigation carried out by Essex Police.

The Essex Police review listed 57 conclusions, mostly critical, and made 18 recommendations for improvement. Re-investigations of the case by Sussex Police have also been criticised following other independent reviews. Sussex Police later publicly apologised to the Abatan family for their handling of the investigation.

Where there is no justice, an apology is of little comfort for those who have had a loved one taken from them. Four of the five alleged perpetrators from that awful night remain free as they have been for 25 years. Meanwhile, Michael and his family have been sentenced to a lifetime of anguish. Throughout these past 25 years, the Abatan family have been supported by Peter Bottomley MP in whose constituency both Jay and Michael had lived. This has been a source of strength and comfort to them.

Peter Bottomley has said: “I witnessed the consequences of the decision not to continue with charges of joint enterprise. I was near tears when defence lawyers’ arguments led to the judge’s ruling that Michael as witness and double victim could not answer the question about what happened to Jay. It took a fight to win a coroner’s inquest when more information came into the open. It is still not known how many police officers were in the venue with the attackers.

“Publicity could still bring forward the evidence and the courage needed by witnesses. This crime can be solved. Justice could be achieved.”

I first met Michael some 16 months after Jay’s death when it had been suggested to him by a mutual friend that I might be able to give him some advice about generating publicity for the Justice For Jay campaign. He and his partner came to our home, and my wife and I gave him some simple suggestions for generating publicity. A shy man, Michael was, understandably, uncertain about what we suggested, never having sought publicity before. Nevertheless, a few days later I opened The Argus to see a large photo of Michael outside John Street Police Station lighting a candle to mark the 500th day since Jay’s death. It was a campaigning idea we had suggested to him.

Michael would be the last person to seek publicity but he has become an articulate and powerful spokesperson for the campaign to bring to justice those responsible for Jay’s death, thus honouring the pledge he made to his dying brother all those years ago.

From what Michael has told me, Jay was a remarkable person and a loving father of two children. Michael loves him as much today as he ever has, and still mourns his death deeply. I am sorry I never met Jay, but I am now proud to count Michael Abatan as one of my closest friends. He is someone of enormous integrity who just wants justice for his beloved brother.

This coming Sunday at 2pm, there will be a vigil outside John Street Police Station when, once again, family and friends will gather to remember Jay and to call for justice.

Andy Winter is a former councillor who worked in social care and homelessness services for 40 years