Area wins appeal over racist language case

02/06/2004

Judges have ruled that the phrase "bloody foreigners" could be considered racist after CPS Hampshire appealed against a youth court decision.

The Area challenged a decision by magistrates to dismiss a charge of racially aggravated criminal damage against a 17-year-old youth who used the words as he verbally abused a kebab shop chef.

The teenager smashed the window of the Pompey Kebab House in Portsmouth, causing around £1,000 of damage, in a row over whether he had paid for his food.

Last November, magistrates at the South and South East Hampshire Youth Court at Fareham acquitted the defendant, deciding that he had no case to answer to the charge of racially aggravated criminal damage.

But Lord Justice Auld, sitting with Mr Justice Richards, upheld the CPS appeal. He said the words "bloody foreigners" could lead to a racially aggravated charge under the Crime and Disorder Act 1998.

Ruling that the magistrates' decision was unsound in law, he added that it was "difficult to understand" how they came to the conclusion that the word "bloody" was not hostile.

He said the word "foreigners" was capable of describing as national group - in this case Turks.

The youth had abused chef Ismet Mutlu, who came to the UK seven years ago.

The referral to the Divisional Court was made by Alastair Nisbet, head of Special Casework Unit, CPS Hampshire and Isle of Wight.

Area CCP Nick Hawkins said: "Although the defendant will not face a retrial, the ruling will be taken into account in future cases of this kind. This was not an innocuous, throw-away remark.

"Hopefully, it will send out a message that we treat racially or religiously aggravated offences extremely seriously."