A lifelong Sheffield Wednesday fan who racially abused a rival supporter has escaped being banned from watching his team play after a judge ruled it was ‘banter’.
Keen matchday supporter David Spencer, 56, was convicted of hurling racial abuse at a 15-year-old boy during a Hull City match against Sheffield Wednesday at the MKM Stadium.
The civil engineer was fined £1,375, with £650 costs and a £550 victims’ surcharge, by Beverley magistrates on September 10, but also faced the prospect of a lengthy ban from going to football matches.
Spencer, of Harlington Road, Mexborough, denied using racially aggravated threatening words, but did not appeal against his conviction.
However, the prosecution appealed against the original decision by the magistrates not to make a football banning order.
Hull Crown Court heard how Spencer was at the MKM Stadium in Hull on August 12, 2023, for the opening match of the season between Hull City and Sheffield Wednesday. Spencer was in the away supporters end of the stadium.
It was claimed that a 15-year-old boy heard someone shouting in his direction: ‘You’re a P***. You’re a P***. Turn round. Watch the match.’ The teenager’s friends backed up his claim about what he heard.
The boy was sufficiently upset to point the behaviour out to a female steward, who was joined by a male colleague.
Spencer was detained and he was handed over to the police. He denied using racist words but he admitted shouting and swearing at Hull City supporters.
Spencer told the court: ‘I did say to the lady: “Sorry for swearing in front of your kids”. It wasn’t directed to any one person. I swore at a group. I didn’t see anybody of Asian origin in front of me.
‘I did hear a lot of swearing. I did gesture a swear word and shout a swear word. It was banter between fans. There was nothing really aggressive. It was just banter.
‘I have been going to football since I was 13. I have never, ever been in any trouble. I have been a Sheffield Wednesday season ticket holder for 30-odd years.’
Judge Mark Bury said that Spencer was not alone in shouting and swearing at Hull City supporters. ‘They were giving as much as they were getting,’ said Judge Bury.
‘There was no violence or threat of violence and, really, this was no more than banter between opposing supporters, particularly in a derby game.’
Spencer had been convicted after a trial, despite him calling two people as witnesses to say that he was not the person identified as using racist language.
Judge Bury and the two magistrates refused the prosecution appeal against the previous decision not to make a football banning order on Spencer and decided that it would be ‘unjust’ to make one.
Spencer had been a long-standing Sheffield Wednesday supporter for many years. ‘We won’t hold that against him,’ joked Judge Bury. ‘You are free to go to Sheffield Wednesday games in the future without any worry.’