A FOOTBALL fan travelling to watch his team play Carlisle United as Cumbria staged Pride events upset fellow train passengers with a stream of homophobic and racist 'banter'.

Derby County supporter Nicholas Dods at one stage voiced a 'mocking' Chinese accent after he saw people of East Asian origin walk through his carriage.

At other points in the journey, the 26-year-old made insulting comments to a woman passenger while during a stop at a station he made misogynistic remarks about girls he saw on the platform – behaviour described as 'vile' by one passenger.

Dods denied an allegation that he used threatening or abusive words and behaviour in a racially aggravated way. He was convicted after a trial.

At the city’s Rickergate court, prosecutor George Shelley said the defendant was part of a small group of Derby County fans who travelled to Carlisle on September 23 last year for their team’s game with Carlisle United.

Following that journey, said the lawyer, two passengers were so alarmed by Dods’ behaviour that they reported him to the police.

“They described his conduct as including drunken swearing,” said Mr Shelley. He also quoted some of the homophobic words used by Dods and the occasion when he used a 'stereotypical' Chinese voice because he had seen people of that ethnic origin walking through the carriage.

The first witness to give evidence was a Derby County fan who was travelling to Carlisle with his son to watch the game.

He said Dods challenged him simply because he was drinking a cup of coffee, prompting him to tell him to “wind his neck in.”

Dods repeatedly called a woman passenger who was sitting nearby “Hagrid” – a reference to the Harry Potter character.

“She became upset,” said the witness. Dods also made derogatory comments about girls he saw standing on a railway station platform.

The witness described the defendant’s “mocking” imitation of a Chinese accent.  Aware that Carlisle was that staging a Pride event, the witness also heard Dods repeatedly say he hated gay people, using an offensive term.

Describing Dods’ behaviour, the witness said: “It was not a standard of behaviour that’s acceptable. There’s a line and he crossed it.”

He accepted that fans travelling to matches can be boisterous, but Dods’ behaviour had amounted to intimidation of females and racial slurs.

Another passenger on the train, describing Dods’ comments, said: "I'm a football fan and I like having away days and having drinks but this was quite excessive and in people's faces.

"There was a lot of homophobic stuff. I didn’t want my girlfriend feeling uncomfortable, so we immediately changed seats.

“It all felt very aggressive; a bit over the top.”

This second witness said Dods, who was wearing shorts, had a leg tattoo of the English flag and an EDL logo (English Defence League).

When a cleaner walked through the carriage, Dods attempted to make a homophobic joke, telling the man he had dropped his “gay card.” The witness added: “His behaviour was vile, disgusting; it made everybody feel uncomfortable.

"I think the other three [fans he was with] wanted to keep out of it; they were sheepishly quiet.”

One fellow passenger was so concerned that he secretly took a photo of Dods and later passed it on to the police.

This helped identify the defendant.

Two passengers were so concerned by the defendant's behaviour throughout the journey that they alerted the police when the train arrived in Carlisle.

Dods never got to see the match because he was arrested outside the Griffin pub near to the railway station in Carlisle. 

In his testimony, Dods said that on the day he had consumed four cans of Stella lager. “I don’t hate anyone,” he said. “It doesn’t bother me at all. It was just banter when I said he’d dropped his gay card.”

Asked about the mocking Chinese voice he used, he said: “It’s not something I’d say. It was banter with my friends, not directed at anybody.”

Mr Shelley said: “They describe your conduct as unacceptable. How does that make you feel?”

Dods replied: “I don’t think I’ve acted inappropriately. You do silly things when you’ve had a couple of beers.”

When reminded that he told police he had no memory of his behaviour on the train, the defendant said: “I don’t know. I can’t say it was me; I can’t say it wasn’t. I don’t think I was overly loud; I’m just a loud person.”

Defence lawyer Christine Upton said there was no crime in discussing things with your friends and the prosecution evidence showed the fellow passengers were “uncomfortable and embarrassed.”

“They didn’t appear distressed,” she said. “It was simply banter to his friends.”

Finding the defendant guilty, magistrates said the prosecution witnesses were compelling and credible in their evidence.

“Their accounts supported each other,” said the magistrate. They noted that Dods had no previous convictions, but the offence was racially aggravated, which increased the sentence.

They fined the defendant, of Blacksmith Croft, Ripley, Derbyshire, £370, with a £150 victim surcharge, and ordered that he pay prosecution costs of £650, making his debt to the court £1,175.