A Sheffield Wednesday fan who was “shouting and swearing” during a “local derby” match has won his fight to avoid being banned from going to watch his favourite team in action.
Keen matchday supporter David Spencer, 56, faced being given a football banning order after he was convicted of hurling racial abuse at a 15-year-old boy during a Hull City match against Sheffield Wednesday at the MKM Stadium.
He had been given a large fine and other financial penalties by Beverley magistrates but what really upset him was the prospect of a lengthy ban from going to football matches and missing out on watching his much-loved team.
The prosecution appealed against the original decision of the magistrates not to make a football banning order – and the appeal went to Hull Crown Court so that a judge, sitting with two magistrates, could blow the final whistle on the matter.
Sheffield Wednesday fan Spencer, of Harlington Road, Mexborough, had been fined £1,375, with £650 costs and a £550 victims’ surcharge, by Beverley magistrates on September 10. He had denied using racially aggravated threatening words or behaviour but he was convicted after a trial.
Spencer, a civil engineer, 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.”
Spencer said he had never been in trouble before
(Image: HullLive)
Judge Mark Bury said that Spencer was not alone in shouting and swearing at Hull City supporters. He said: “They were giving as much as they were getting. 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.”
Spencer did not appeal against the original conviction for using racially aggravated threatening words or behaviour. The prosecution was represented during the appeal by barrister Billy Torbett.
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