Teens locked up over driver death

Two 16-year-old youths have been sentenced over an incident that led to the death of a take-away driver who was attacked while in his car.

The youths, who took part in the incident that ended in the death of 40-year-old Simon San, were sent to detention for 42 months and 34 months.

Mr San was forced to get out of his tiny Smart car after returning from a delivery on 10 August this year by a group of youths.

The group saw the car and started rocking it back and forth.

Mr San was backed up against a wall and killed by a single punch by one of the youths, 16-year old John Reid.

Reid has already been sentenced to five years' detention after pleading guilty to culpable homicide.

The attack took place near the San family takeaway, Yong Hua Gardens, in Lochend Road, Edinburgh.

Mr San died the following day from a fractured skull and internal bleeding.

Michael Roberts and Keir Rodger, who both appeared from custody, pled guilty previously at Edinburgh Sheriff Court to assaulting Mr San by rocking his car and forcing him to leave the vehicle.

Roberts also admitted stealing the car keys and a mobile phone from the victim and to failing to appear at a court hearing.

A 14-year old youth, who cannot be identified, had his not guilty plea to assault accepted by the Crown, but admitted breaching bail conditions.

Sentence was deferred until yesterday for reports and advice from the Children's Panel.

The court heard previously that Roberts had tried to start the car as Mr San lay on the ground and later at Rodger's home was heard to say: "Does anyone want a car?"

Fiscal Depute, Melanie Ward, said after Mr San was forced to leave his car he told the youths he was going to phone the police on his mobile.

A recording of the call has him saying: "I'm in Lochend Road, youngsters, a group of them, making trouble".

The Fiscal said the police operator could hear the sound of a disturbance and youngsters screaming in the background.

"Someone was heard to say 'I got it' and the line went quiet," she added.

Defence agents for Roberts and Rodger told Sheriff John Horsburgh QC that there had been no racial motive.

Duncan Hughes for Roberts said it had been "opportunist in nature". Murray Robertson, appearing for Rodger, described what had happened as "a tragedy for all concerned, particularly the victim's family".

"Initially" he said "it was a case of very immature boys having fun with this poor man."

Roberts was sent to detention for 42 months, Rodger for 34 months and the 14-year old was referred to the Children's Hearing System.After the sentencing, Simon's brother, Cuong, and sister, Shirley, issued a statement.

"These boys were part of a gang which tore our family's lives apart in just seconds," they said.

"We strongly believe that had Simon not been Chinese then these cowards might not have focused their attention on him.

"No sentence will make up for the fact that these young men will have their whole lives in front of them, but our innocent Simon has been taken from us forever.

"It is time the police took action against the small minority that continue to wander the streets like a pack of animals, tearing the heart out of our communities.

"Simon San's name will live on and we wish to thank the local community for their support".

Originally from Vietnam, Mr San was the youngest of six children.

He obtained British citizenship after the family moved to Edinburgh when he was 12.

He worked as a waiter in a number of restaurants and for two years had been delivering meals for his sister, who ran the Yong Hua Gardens Takeaway.

He lived with and cared for his two elderly parents in Liberton, Edinburgh.