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Man fined for racist abuse on bus after pupil gives up seat for ‘brown man’

Man fined for racist abuse on bus after pupil gives up seat for ‘brown man’

Categories: Latest News

Monday November 07 2016

The Express and Star reports on a case heard at Dudley magistrates court last week involving an elderly white male man who stood trial for a racially aggravated public order offence after taking exception to an elderly  “brown man” being offered a seat on a bus over him.

Prosecutor Val Hart told the court that on the morning of February 18, members of staff and 25 children were going on a trip to the Odeon cinema and boarded the number 46 bus at New Square in West Bromwich.

“Ten minutes into the journey, the defendant got on, and then an Asian man who had a walking stick. Staff asked one of their children to vacate their seat for the unknown Asian man, who was described as elderly and infirm,” she said.

Payne, who was still standing on the bus, then began to utter racist terms.

“The defendant was asked to refrain from making abusive comments. He was said to have been ranting, saying ‘a f*****g brown kid’. Challenged by the staff, he said ‘shut up, f*** off and p*** off’. The children were visibly shaken,” said Mrs Hart.

Payne was heard saying to a fellow passenger “she moved that brown kid for that brown man”.

When interviewed by police over the incident, Payne admitted being “bitter” at the apparent sleight but claimed he could not remember what he said at the time.

Payne was found guilty of the racially aggravated public order offence, causing harassment, alarm or distress, after a trial in his absence on October 12.

Mr Payne’s solicitor, Milo Turner, explained Payne had missed the hearing the previous month because he was in hospital following a triple heart bypass. Mr Turner told the court Payne had been visiting his wife’s grave on the morning of the incident and “took exception” to being left standing on the bus because he “wasn’t in a well condition.”

Dudley magistrates fined Payne £180, increased from £120 due to the racial element of the offence. He must also pay a contribution to court costs of £310, and a victim surcharge of £30.


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