An Atletico Madrid fan who was caught making racist 'monkey gestures' towards Manchester United fans has escaped a football ban. Daniel Del Saz Garcia, 31, was spotted by a steward taunting a group of Asian United supporters a during a Champions League match at Old Trafford.
Council worker Garcia was arrested and taken to custody when an officer saw a video being shared on Twitter which captured him performing the racist ‘monkey impression’. Appearing over videolink, Garcia, who lives in Madrid, pleaded guilty to racially aggravated harassment and was fined £325 at Manchester Magistrates' Court.
However, the Spaniard escaped a football banning order because he lives overseas and prosecutors said it would be difficult to enforce from the UK. Prosecuting, Tess Kenyon said that on March 15 this year, Garcia travelled from Spain to Manchester to watch the match at Old Trafford against the Reds.
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“He was seen by one of the stewards in the away section making monkey chants towards some Asian home fans,” she said. “In a statement, Ian Riley said he saw the male making gestures with his hands, scratching under his armpits, for about five to ten seconds.”
Mr Riley had been made aware by other home supporters. Whilst Garcia was being transferred to the police station, a custody officer found the video which showed Garcia ‘performing the monkey impression’. He gave no comment during his interview.
“I am appalled at the behaviour I witnessed. There is no place for it in football or society as a whole,” Mr Riley said in a victim impact statement.
Garcia was said to have no previous convictions and no football banning orders were sought as it would be difficult to manage due to the fact he lives in Spain.
In mitigation, his lawyer Richard Saynor, said his client was of good character and is employed by his local council in Madrid. He said the incident was ‘totally out of character’.
“He got caught up with fans who were acting in exactly the same way,” he said. “In the heat of the moment, he stupidly chose to copy them than shun their behaviour.
“Looking back at his behaviour, he is ashamed of his actions and he recognises, just as Mr Riley did, that such behaviour has no place in football.”
Mr Saynor said that Garcia recognised that after coming through the pandemic, when a number of games were cancelled to adhere to social distancing rules, that is ‘should have been a time to enjoy the sport’. He said the conviction would have a ‘considerable impact upon him’, that it would cause ‘reputational damage’ and would affect his employment.
“A moment of madness which will stay with him for a considerable time,” Mr Saynor added.
Sentencing, District Judge Bernard Begley said: “If you were a resident of this country, a conviction of this type would almost certainly lead to what is called a football banning order.
“As you will recognise, this type of conduct has no place in football and indeed has no place anywhere. I am told it may have an impact on your employment, present and future. That is something you are going to have to reflect upon.”
Garcia, of Calle De La Mata del Agua, Madrid, was fined £325 and ordered to pay court costs of £34.
Julian White, Senior Crown Prosecutor for CPS North West said: “There is no place for hate in football. Mr Del Saz Garcia’s disgusting racist behaviour that day clearly caused distress to others.
“I would like to thank the steward for taking swift action and reporting his appalling behaviour, which has helped us bring him to justice.
“The CPS are committed to taking a robust stance towards tackling football related hate crime and disorder as we continue to play a crucial role in making sports such as football inclusive and safe to watch.”
A spokesperson added that the CPS is also working with football clubs, player bodies and organisations to explain what evidence is required to charge to help clubs and the leagues protect their players by ensuring they have all the evidence needed to build the strongest case possible.
Douglas Mackay of the CPS said: “Over recent years and months, hate crimes relating to sporting events have been on the rise. A recent UK Football Policing Unit report has shown a significant rise in football-related criminality compared to pre-pandemic levels.
“At the CPS, we play a crucial role in tackling these crimes and making our national sport inclusive and safe to watch. There is no place for hate in football, and hate crimes such as this have a significant impact on victims.”
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