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A judge has been condemned after refusing to impose a football banning order on a fan for the racist abuse of a 15-year-old and appearing to dismiss it as “no more than banter”.
Judge Mark Bury was denounced on Tuesday by Britain’s top football policeman and anti-discrimination watchdog Kick It Out, a week after he and two magistrates rejected a prosecution appeal to Hull Crown Court against a sentencing decision originally taken by Beverley Magistrates Court in September.
The earlier hearing had seen lifelong Sheffield Wednesday fan David Spencer, 56, of Harlington Road, Mexborough, fined £1,375, with £650 costs and a £550 victims’ surcharge, for using racially aggravated threatening words or behaviour during the club’s 4-2 Championship defeat at Hull City on the opening weekend of the 2023-24 season.
Wednesday season-ticket holder Spencer had denied shouting at his victim, “You’re a P—; you’re a P—”, which had been behind a complaint lodged by the teenager during the game and which was corroborated by evidence provided by friends.
According to a Hull Daily Mail report on last week’s appeal hearing, Judge Bury said Spencer was not alone in shouting and swearing. “They were giving as much as they were getting,” he said. “There was no violence or threat of violence and, really, this was no more than banter between opposing supporters, particularly in a derby game.”
Judge Bury and the two magistrates refused the prosecution’s appeal against the previous decision not to issue the football banning order, saying it would be “unjust”.
In reference to Spencer’s long-standing support for his club, Judge Bury was then said to have joked that “we won’t hold that against him”. “You are free to go to Sheffield Wednesday games in the future without any worry,” he added.
Chief Constable Mark Roberts, the National Police Chiefs’ Council Police Lead for Football said in a statement: “I am utterly baffled and frankly dismayed by both the ruling of the court and the comments reported as being made by the judge in this case.
“To characterise racial abuse as ‘banter’ is appalling and whether others ‘were giving as much as they were getting’ is irrelevant. This man racially abused a child at a football match. For the judge to state that he is ‘free to go to Sheffield Wednesday games in the future without any worry’ is shocking.
“So much good work is being done by football clubs and relevant authorities to take a zero-tolerance approach to racism in football, so it is particularly galling that these comments have been made in a court of law.
“To be clear, racist behaviour is wholly unacceptable, it is not banter and action will be taken against anyone who thinks they are free to shout racist abuse during any football matches.”
Kick It Out added: “Instead of delivering justice, the judge has reduced a serious incident of racial abuse targeting a child to banter and appears to have disregarded the impact of the offender’s comments on the victim.
“Those within the criminal justice system should set the standard for combating racism. Sadly, that has not been the case here, highlighting an urgent need for better education on the impact of racism among those involved.”