A former soldier has been banned from attending football matches after making a Nazi salute towards Tottenham Hotspur fans during a Newcastle United match at St James' Park.
Toon fan Shay Asher performed the offensive gesture towards the away supporters, who are known to have a strong Jewish fan base, during a Premier League game, Chronicle Live reports. The 24-year-old handed himself in to police after photos of him carrying out the action were circulated on the internet.
Newcastle Magistrates' Court previously heard how the Metropolitan Police's digital media team, who were investigating hate crimes on social media, reported the pictures to Northumbria Police. Numerous complaints from members of the crowd were made to Newcastle United and here was a subsequent appeal by police on Facebook.
Asher, of Gibside View, Winlaton, Gateshead, was fined £200 and ordered to pay £85 costs and a £34 victim surcharge in April this year after pleading guilty to a racially-aggravated public order offence. On Tuesday, he returned to the court in Newcastle to oppose a football banning order which had been applied for by the Crown Prosecution Service (CPS).
Brian Payne, prosecuting, told the court how the offence took place in the stadium on October 17 last year. He explained how football banning orders are typically put in place to prevent violence and disorder at future games.
He told the court: "The issue is particular, so far as Tottenham Hotspot is concerned, is that Tottenham Hotspur is based in north London. It has, and is well known in the football community, for having a predominantly or very strongly Jewish fan base." He said that Stamford Hill, in the Tottenham Hotspur catchment area, was a central part of the country for ultra-Orthodox Jews.
The prosecutor said: "This defendant took it upon himself to perform a Nazi salute. That has particular concerns when he knew, or must have known, there was a likelihood of being a strong Jewish presence among the away supporters."
Mr Payne referenced the holocaust and said it was likely Asher's action would have caused offence to any Jewish person at the scene. He said: "It's a pretty deliberate and cynical, the Crown would say, action."
John Wesencraft, defending, told the court how he was previously in the Royal Engineers but was medically discharged after he found a fellow soldier hanging. He said: "It has quite an affect on him and he was discharged from the Army from the affects of that. He struggled with the consequences of that."
He said that when Asher's case previously came before the court his offence was described by his solicitor as a "moment of madness". He told the court: "It was - he's still at a loss to explain why he did it."
Mr Wesencraft said Asher is not a season ticket holder and last went to St James' Park to watch Newcastle United when the club was still in the Championship. He said the defendant had bought ticket to attend the Spurs game, which was the first after the Newcastle owners took over.
Asher's solicitor said: "Everyone wanted a ticket. He was one who queued up and bought a ticket. It was a one-off attendance at St James' Park. I don't recall there was any violence or disorder at that game."
Mr Wesencraft argued that giving him a football banning order would not assist in preventing violence and disorder because he's not likely to be there. He said: "Mr Asher tells me he has no particular desire to go to football matches. He usually watches football on the television rather than go to the games themselves.
"Is he likely to do it again? No it's a moment of madness. Is he likely to do it again? No because he's not a season ticket holder. Is he likely to do it again? No because he doesn't really go to football matches. He's been to one in five years or so."
Magistrates' retired to considered whether they would impose a football banning order. When they returned, Chair of the Bench Jane Barnes told Asher: "We do feel the test has been met therefore we are making a football banning order against you."
Under the order, Asher must avoid all football grounds and matches including England. He will also need to surrender his passport if he decides to apply for one. The order will last for a period of three years.
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