Fine For Man Who Admits Racial Abuse in Ely
PUBLISHED: 10:40 30 November 2009 | UPDATED: 11:08 04 May 2010
RACIAL abuse was hurled as Gary McCarthy berated a motorist about his driving in Ely city centre. McCarthy claimed a speeding car had almost run him down - so he confronted Nelson Fernandes when he parked outside the Balti King takeaway in the early hours
RACIAL abuse was hurled as Gary McCarthy berated a motorist about his driving in Ely city centre.
McCarthy claimed a speeding car had almost run him down - so he confronted Nelson Fernandes when he parked outside the Balti King takeaway in the early hours of a Sunday morning.
"There was a confrontation and an exchange of words," prosecutor Fred Sagoe told Ely magistrates.
"Gary McCarthy was seen to storm over, he was held back by his mates." McCarthy then used racial and filthy language towards Mr Fernandes.
"It was language that caused Mr Fernandes shock, he was appalled by what he heard," added Mr Sagoe.
McCarthy, 34, of Akeman Close, Stretham, admitted a charge of racially aggravated threatening behaviour; the court heard he had drunk eight pints before the incident which was captured on CCTV.
It was around 2.30am when the car passed McCarthy, said Mr Sagoe. During the incident Mr Fernandes pushed McCarthy, "in a pre-emptive strike."
Mitigating for McCarthy, solicitor James Dignan said: "My client is very remorseful for what he said.
"CCTV shows a car coming along Market Street at a fair rate of knots, and pulling up sharply outside Balti King.
"It shows McCarthy walking towards the car purposefully and words were exchanged. Nelson Fernandes got out of the car, and my client went to speak to him. Mr Fernandes pushed my client on to the ground; things got rather heated, but there were no fisticuffs.
"CCTV does show Nelson Fernandes taking off his jumper and shirt, in a clear indication he was ready and willing to fight, so he was not an entirely innocent party in this.
"My client is not a racist and does not normally say those things."
McCarthy was fined £65, with £85 costs and a £15 surcharge.