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Cricket fan's racial abuse at Kent's HQ

Kent member Toby Brealy, right, with a Pakistan supporter at the Lahore cricket ground in 2000
Kent member Toby Brealy, right, with a Pakistan supporter at the Lahore cricket ground in 2000
TOBY BREALY THIS WEEK: "It is a bizarre decision and political correctness gone mad"
TOBY BREALY THIS WEEK: "It is a bizarre decision and political correctness gone mad"

A SELF-CONFESSED "cricket nut" has been found guilty by a court of racial abuse at Kent's St Lawrence ground in a landmark case for the sport.

Barmy Army England supporter and Kent Cricket Club member Toby Brealy, 40, of Thornden Wood Road, Herne Bay, denied using racially aggravated insults during the England A versus Pakistan game in July 2006.

But Canterbury magistrates ruled his use of the phrase "Pakis go home", overheard by a teenage girl in the crowd, made him guilty of public order offences.

Another fan, semi-retired GP Stephen Wichbold, 50, from Bicker, Lincolnshire, was also found guilty for using the phrases "you can't beat a bit of pork", and "come on England, you can beat these Pakis; give them a bacon sandwich."

Magistrates ruled those words carried anti-Muslim connotations.

The men are believed to be among the first cricket fans to be prosecuted for racial abuse at a match in the UK.

Magistrate David Davies told the court: "We find these comments are born out of racial hostility." Both men were fined 500 pounds and ordered to pay 600 pounds costs.

The court heard from several witnesses, including a 13-year-old schoolgirl. She told the court she had heard and seen Wichbold and Brealy – who was topless and had his face painted with the St George’s Cross – shouting out.

She said: "I heard the man with the painted face say 'those Pakis should go home’ and then, 'they don't understand us, they’re so thick'."

Brealy denied saying either phrase but admitted shouting "Are you Pakis in disguise?"”, in response to "over-appealing" from the wicketkeeper.

During cross-examination Brealy, described as a self- employed painter and decorator, agreed he was a "cricket nut" who had followed England all over the world.

He admitted having drunk a can of Scrumpy followed by a bottle of champagne shared with Wichbold and another fan prior to being arrested.

He claimed he had used the word Paki as an abbreviation in the same way as Kiwi and Aussie.

Two security guards said they had heard offensive language, but could not be sure who the culprits were.

Three friends at the ground told the court Brealy was known to be eccentric and loud at cricket matches.

One, Keith Clark, denied he had heard anything offensive from Brealy.

He said: "Toby is a pain in the nicest possible way because he is painted and very vocal. But that is not a crime."

His son Daniel Clark said: "My girlfriend is half-Arab and I am more sensitive to racial abuse than others.

"In no way would I tolerate language that was offensive. I heard nothing like that."

Another witness Jeremy Jenkins said: "Toby was just being loud and supporting his team. I heard nothing hostile or offensive from him."

Paul Tapsell, for Brealy, told magistrates the girl's evidence was unreliable because she had been sat too far away.

He said: "Mr Brealy may be vociferous and ebullient but it is absurd to describe him as a racist.”

Over the two day hearing the court was shown video footage taken on the day by a spectator and a home movie made by Brealy showing him dancing and singing with away fans at games in West Indies, Bangladesh and Pakistan.

Speaking after the guilty verdict Brealy said: "This is ridiculous. It is a bizarre decision and political correctness gone mad.

"The prosecution’s case was based on the evidence of a 13-year-old girl when there were so many others sitting closer to me who were not offended."

He said he would probably be appealing against the verdict.

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