Derby man who used racist language found not guilty of causing gross offence
A DISABLED man who used racially derogatory words while speaking to police has been found not guilty of making offensive phone calls.
John Spare, 59, who is profoundly deaf, used derogatory terms to describe two black men he alleged assaulted him, in two calls to Derbyshire police, on February 5 and 6.
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John Spare
He pleaded not guilty to both charges and told magistrates he believed his language was not offensive because he had "been brought up with it".
In September 2007, the Evening Telegraph reported how the city's police and council had received hundreds of complaints from Mr Spare.
Last week, a court heard that Mr Spare's words used to describe his alleged attackers – including the term "golliwog" – had led two civilian call-handlers to hang up.
One, Sarah Tippett, told Southern Derbyshire Magistrates' Court that she associated his words with "the olden days, referring to the times of slavery". The other, Karen Rockley, said she had told Mr Spare that what he was saying was "very offensive".
She said: "I was shocked that someone would say the kind of things he was saying."
Prosecuting, Liam Powell said the calls had come at a time when Mr Spare believed youths near his former home, in Shelmory Close, Allenton, were making his life intolerable. He said: "The two charges relate to a tiny part of the calls he made.
"The law says that his words had to be grossly offensive for him to be found guilty."
Mr Spare told the court that he was not a racist. Replying to questions from his solicitor, Pardeep Kalyan, he said he did not intend his words to be offensive.
He said: "I referred to the youths the way I did because I wanted to say what they actually looked like.
"I was born in 1949. These are words I was brought up with and I hear them today. If I thought it was offensive, I wouldn't have said it."
Mr Spare, now of Willington, claimed he was threatened by a youth on February 5 and then had a beer can thrown at him by the same person the next day.
Presiding magistrate Jill Albiston said she was satisfied that Mr Spare's words were not grossly offensive.
She said: "The witnesses stated they were very offended by the terms. However, we found them to be offensive but not grossly so."











5 Comments
by Tony, Matlock
Tuesday, November 25 2008, 3:01PM
“Good comment, PC Mad..”
by Steve, Derby
Tuesday, November 25 2008, 2:37PM
“Lisa, you obviously do not find your own use of the 'G' word offensive, despite your assertion that it's use by anyone is offensive to you. I grew up with the word as part of my vocabulary because it described a number of things including a childs soft toy and numerous different enamel badges issued by a well known jam company. The word still exists and will continue to exist because it is part of our language and history. So, LISA...............get used to it!”
by KEVIN, derby
Tuesday, November 25 2008, 1:32PM
“jon unlike some on here i wont take offence at your comment about my spelling disabilaty!
so i wont go running to the police.
un like some do gooders on here”
by PC Mad, derby
Tuesday, November 25 2008, 12:15PM
“Yawn.. is this really top news or just an excuse for everyone to get their race cards out...predictable & boring.....”
by KEVIN, derby
Tuesday, November 25 2008, 10:08AM
“some commen sence at last, you should not get charged for saying every mortel word that upsets some one. but what happed to his complaint i wonder, i'll wage nothing was ever done about that. and why the need to advertise his new address after he was foung not guilty. AND WILL THE TELEGRAPH EDIT OR DELEAT THIS COMMENT IT IS ONLY THE TRUTH AND FACT.”