A lifelong Sheffield Wednesday fan who racially abused a rival protagonist has escaped being banned from watching his squad play after a justice ruled it was 'banter'.
Keen matchday protagonist David Spencer, 56, was convicted of hurling radical maltreatment astatine a 15-year-old lad during a Hull City lucifer against Sheffield Wednesday astatine the MKM Stadium.
The civilian technologist was fined £1,375, with £650 costs and a £550 victims' surcharge, by Beverley magistrates connected September 10, but besides faced the prospect of a lengthy prohibition from going to shot matches.
Spencer, of Harlington Road, Mexborough, denied utilizing racially aggravated threatening words, but did not entreaty against his conviction.
However, the prosecution appealed against the archetypal determination by the magistrates not to marque a shot banning order.
Hull Crown Court heard however Spencer was at the MKM Stadium successful Hull connected August 12, 2023, for the opening lucifer of the play betwixt Hull City and Sheffield Wednesday. Spencer was successful the distant supporters extremity of the stadium.
It was claimed that a 15-year-old lad heard idiosyncratic shouting successful his direction: 'You're a P***. You're a P***. Turn round. Watch the match.' The teenager's friends backed up his assertion astir what helium heard.
The lad was sufficiently upset to constituent the behaviour retired to a pistillate steward, who was joined by a antheral colleague.
David Spencer (pictured), 56, was convicted of hurling radical maltreatment astatine a 15-year-old lad during a Hull City lucifer against Sheffield Wednesday
The incidental occurred during a crippled betwixt Sheffield Wednesday and Hull successful August 2023m pictured here
Spencer was detained and helium was handed implicit to the police. He denied utilizing racist words but helium admitted shouting and swearing astatine Hull City supporters.
Spencer told the court: 'I did accidental to the lady: "Sorry for swearing successful beforehand of your kids". It wasn't directed to immoderate 1 person. I swore astatine a group. I didn't spot anybody of Asian root successful beforehand of me.
'I did perceive a batch of swearing. I did motion a curse connection and outcry a curse word. It was banter betwixt fans. There was thing truly aggressive. It was conscionable banter.
'I person been going to shot since I was 13. I person never, ever been successful immoderate trouble. I person been a Sheffield Wednesday play summons holder for 30-odd years.'
Judge Mark Bury said that Spencer was not unsocial successful shouting and swearing astatine Hull City supporters. 'They were giving arsenic overmuch arsenic they were getting,' said Judge Bury.
'There was nary unit oregon menace of unit and, really, this was nary much than banter betwixt opposing supporters, peculiarly successful a derby game.'
Spencer had been convicted aft a trial, contempt him calling 2 radical arsenic witnesses to accidental that helium was not the idiosyncratic identified arsenic utilizing racist language.
Judge Bury and the 2 magistrates refused the prosecution entreaty against the erstwhile determination not to marque a shot banning bid connected Spencer and decided that it would beryllium 'unjust' to marque one.
Spencer had been a long-standing Sheffield Wednesday protagonist for galore years. 'We won't clasp that against him,' joked Judge Bury. 'You are escaped to spell to Sheffield Wednesday games successful the aboriginal without immoderate worry.'
English (US) ·