Upset at lack of ban for NUFC fan's racist abuse
Jan 16 2009 The Journal
A HOME Office minister last night waded into the row over racist abuse by a Newcastle United fan.
Barry Hutchinson, 49, admitted hurling abuse at Middlesbrough striker Mido during a match in November, but escaped without a banning order when he appeared before Teesside Magistrates’ Court on December 9.
Home Office Minister Lord West of Spithead last night described the decision of the court as disappoint- ing and surprising.
Hutchinson, of Silver Lonnen, Fenham, Newcastle, was fined £270 with £45 costs, but was spared the punishment which would have seen him prevented from attending games anywhere in the country.
The decision provoked disappointment from both Middlesbrough FC and the Football Association, and yesterday Lord West waded into the row.
He said the local Race Harassment Case Group would review the case and take further action if appropriate.
And he said the law was clear that a banning order should be imposed if it would help prevent violence or disorder at future matches.
In a written parliamentary answer, the minister said: "The recent decision by a magistrates’ court not to impose a banning order against an individual who pleaded guilty to the offence of racist chanting during the match between Middlesbrough and Newcastle United on November 29, 2008, is both disappointing and surprising.
"The local Race Harassment Case Group, which is chaired by the Crown Prosecution Service and includes police, BME (black and minority ethnic) and Safer Community representatives from the local authorities, the North East Refugee Service and others, will review the case and take further action if appropriate. The Crown Prosecution Service and the Football Banning Orders Authority have advised that there is no national pattern of courts refusing to impose banning orders following conviction for racist chanting.
"The law is clear that a banning order should be imposed against a person convicted of a football- related offence."
Hutchinson had pleaded guilty to an offence of racist or obscene chanting under the Football Offences Act 1991, while his son Andrew Hutchinson denied the same charge.