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A CRICKET fanatic who shouted abusive comments at the Pakistan cricket side when they played England A team at Canterbury has lost his appeal against a public order offence.
Toby Brealy, 41, of Thornden Wood Road, Herne Bay, had been convicted at Canterbury Magistrates’ Court and fined £500 with £600 costs for using racially aggravated threatening, abusive or insulting words likely to cause harassment, alarm or distress.
He appealed against his conviction to Canterbury Crown Court.
Dismissing Brealy’s appeal, Mr Recorder Gibson, QC, sitting with two Justices, said they rejected his claims that what he said was acceptable banter and said it was unacceptable conduct fuelled by drink. He was ordered to pay a further £485 costs.
Brealy, a painter and decorator, told the court he had travelled the world watching England play and described himself as a member of the Barmy Army.
But on July 6, last year, he was heard shouting racist abuse by a 12-year-old cricket fan as he stood behind her at the St Lawrence ground, topless and with his face painted with the England St George flag.
The girl said she heard Brealy singing and say “Those Pakis should go home”. She then heard him say “They won’t understand us because they’re thick.” A friend of Brealy’s, Dr Stephen Wichbold, was similarly charged and convicted by Canterbury magistrates.
Brealy and Wichbold were arrested by PC David O’Brien. “Brealy was very drunk and Dr Wichbold was also under the influence but not as drunk,” he said.
But Brealy refuted the Crown’s evidence saying he wasn’t drunk, not unsteady and his speech wasn’t slurred. He agreed he was louder than some at the match but not as loud as others.
“The Pakistan team were a fine bunch of people and cricketers,” he said. “I didn’t think anybody could be caused alarm, harassment or distress by my phrase.”