QUEEN'S BENCH DIVISION
B e f o r e :
MR JUSTICE GOLDRING
|DIRECTOR OF PUBLIC PROSECUTIONS||(CLAIMANT)|
|STOKE ON TRENT MAGISTRATES' COURT||(DEFENDANT)|
Smith Bernal Wordwave Limited
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The DEFENDANT did not appear and was not represented
Crown Copyright ©
Monday, 16th June 2003
"(a) On the 12th October 2002, at 4.10 pm Port Vale were playing a nationwide league game against Oldham Athletic at Vale Park, Burslem, Stoke on Trent.
(b) The defendant was present at the game as a paying spectator situated in the front eastern end of the area known as the Railway Stand.
(c) Certain of the spectators in that area, between 50-100 in number, began and continued to chant the words "you're just a town full of Pakis".
(d) Those words were audible to the supporters of Oldham Athletic who were situated in the adjacent Hamil Row end of Vale Park.
(e) There were no Pakistani, Asian or black persons in the crowd or on the playing field.
5. The defendant elected not to give evidence, but, in his police interview on October 26th 2002, he had agreed that he had used the . . . phrase.
6. The Prosecution . . . contended [that] the . . . phrase was uttered by the defendant was insulting and was therefore 'of a racialist nature' within the meaning of Section 3 of the Football (Offences) Act 1991.
7. The defendant contended and submitted that the phrases were not insulting [in that sense]".
"Whether the evidence which was properly adduced before the learned judge entitled him to find that the chanting in which the Defendant was alleged to have taken part was not "of a racialist nature" as defined by section 3(2)(b) of the Football (Offences) Act 1991".