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| Version 2 | Version 3 |
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| Police officers cleared over 'monkey' and 'banana' remarks to colleagues | Police officers cleared over 'monkey' and 'banana' remarks to colleagues |
| (7 days later) | |
| A police officer who admitted saying a black man looked like a monkey and another who allegedly told a black colleague that she was "going home to cook bananas" have both been cleared of using threatening words or behaviour. | A police officer who admitted saying a black man looked like a monkey and another who allegedly told a black colleague that she was "going home to cook bananas" have both been cleared of using threatening words or behaviour. |
| The Metropolitan police constables Kevin Hughes, 36, and David Hair, 42, were both found not guilty of a count each of using threatening words or behaviour to cause alarm and distress and one count each of racially aggravated harassment at Westminster magistrates court in London. | The Metropolitan police constables Kevin Hughes, 36, and David Hair, 42, were both found not guilty of a count each of using threatening words or behaviour to cause alarm and distress and one count each of racially aggravated harassment at Westminster magistrates court in London. |
| Hughes, of Brentwood, Essex, admitted saying a black man looked like a monkey but said it had nothing to do with his race and he was pointing him out during a discussion about evolution, the court heard. | Hughes, of Brentwood, Essex, admitted saying a black man looked like a monkey but said it had nothing to do with his race and he was pointing him out during a discussion about evolution, the court heard. |
| He was also accused of saying black people were "more closely related to Neanderthals" but said he did not know what the word meant. | He was also accused of saying black people were "more closely related to Neanderthals" but said he did not know what the word meant. |
| Hughes said he made the comments because he saw a black man with "elongated arms" and a gait like a monkey while out on patrol with three colleagues in Newham, east London, on 22 February. | Hughes said he made the comments because he saw a black man with "elongated arms" and a gait like a monkey while out on patrol with three colleagues in Newham, east London, on 22 February. |
| The officer, who allegedly said black people had not evolved and "lived in mud huts in Africa", told the court it was "upsetting" that anyone would think he was racist. | The officer, who allegedly said black people had not evolved and "lived in mud huts in Africa", told the court it was "upsetting" that anyone would think he was racist. |
| The senior district judge Howard Riddle said: "Whatever precisely PC Hughes said, it was unacceptable and offensive." | The senior district judge Howard Riddle said: "Whatever precisely PC Hughes said, it was unacceptable and offensive." |
| He said that "in these circumstances it did not amount to a criminal offence". | He said that "in these circumstances it did not amount to a criminal offence". |
| Noting that "context is central", Riddle pointed out there had been no aggression or threat. | Noting that "context is central", Riddle pointed out there had been no aggression or threat. |
| He said: "Freedom of speech is a cherished principle. Freedom of speech includes the freedom to be offensive. | He said: "Freedom of speech is a cherished principle. Freedom of speech includes the freedom to be offensive. |
| "It is, of course, restrained in a number of ways – employers can require employees to avoid offensive language or lose their jobs. The civil courts can provide redress for harm caused. | "It is, of course, restrained in a number of ways – employers can require employees to avoid offensive language or lose their jobs. The civil courts can provide redress for harm caused. |
| "But when the state tells people what they can or cannot say, on pain of criminal sanction, the position is different. Citizens expect strong justification for curtailing freedom of expression. Offensiveness is not enough. Context is central." | "But when the state tells people what they can or cannot say, on pain of criminal sanction, the position is different. Citizens expect strong justification for curtailing freedom of expression. Offensiveness is not enough. Context is central." |
| Speaking of the 22 February incident, Hughes had told the court: "I said to Costas [PC Costas Dakoutros]: 'You see that man there? He's walking like a monkey.' | Speaking of the 22 February incident, Hughes had told the court: "I said to Costas [PC Costas Dakoutros]: 'You see that man there? He's walking like a monkey.' |
| "PC Dakoutros said: 'Are you saying that because he's black?' | "PC Dakoutros said: 'Are you saying that because he's black?' |
| "I just said: 'It has got nothing to do with him being black.' | "I just said: 'It has got nothing to do with him being black.' |
| "I noticed him because he had elongated arms, his gait. That is why I picked him out because of the way he was walking. It was a fleeting look." | "I noticed him because he had elongated arms, his gait. That is why I picked him out because of the way he was walking. It was a fleeting look." |
| Hughes said they were having an argument about evolution and he merely pointed out the man in the street to illustrate his point. | Hughes said they were having an argument about evolution and he merely pointed out the man in the street to illustrate his point. |
| Hughes's colleague Hair was also standing trial for allegedly telling a female black colleague he thought she was going to "rant" about overtime and not do any because she was "going home to cook bananas". | Hughes's colleague Hair was also standing trial for allegedly telling a female black colleague he thought she was going to "rant" about overtime and not do any because she was "going home to cook bananas". |
| Hair, of Epping, Essex, was alleged to have made the racist comments to his colleague PC Julia Dacres on 13 March. | Hair, of Epping, Essex, was alleged to have made the racist comments to his colleague PC Julia Dacres on 13 March. |
| It was claimed that while on patrol, Hair allegedly teased Dacres about overtime as she rarely did any as she found it difficult to travel home after a shift. | It was claimed that while on patrol, Hair allegedly teased Dacres about overtime as she rarely did any as she found it difficult to travel home after a shift. |
| The court was told Hair then allegedly said: "I didn't know if you were going to go into a little rant and say you were going to go home and cook bananas." | The court was told Hair then allegedly said: "I didn't know if you were going to go into a little rant and say you were going to go home and cook bananas." |
| Giving evidence, Hair said he was referring to plantains when asked if Dacres was going to cook bananas. | Giving evidence, Hair said he was referring to plantains when asked if Dacres was going to cook bananas. |
| He also said he was "mortified" when Hughes told him his remark might carry racist connotations but that he thought it better to "let sleeping dogs lie" rather than apologise to his colleague. | He also said he was "mortified" when Hughes told him his remark might carry racist connotations but that he thought it better to "let sleeping dogs lie" rather than apologise to his colleague. |
| Riddle said: "In short while the insulting nature of the comment seems obvious to many, I believe it was not obvious at the time to PC Hair. | Riddle said: "In short while the insulting nature of the comment seems obvious to many, I believe it was not obvious at the time to PC Hair. |
| "A person is only guilty of a section 5 offence if he intends his words to be threatening, abusive or insulting or is aware that it may be threatening, abusive or insulting." | "A person is only guilty of a section 5 offence if he intends his words to be threatening, abusive or insulting or is aware that it may be threatening, abusive or insulting." |
| Riddle praised the officers who gave evidence for the prosecution about the offensive words. | Riddle praised the officers who gave evidence for the prosecution about the offensive words. |
| He said: "One of the reasons for the shock and disgust was that these incidents are not within the experience of the officers in this case. | He said: "One of the reasons for the shock and disgust was that these incidents are not within the experience of the officers in this case. |
| "Another encouraging factor is that officers are trained to challenge these comments and in this case did so. | "Another encouraging factor is that officers are trained to challenge these comments and in this case did so. |
| "It is also encouraging that the officers who gave evidence for the Crown were prepared to report what they had heard and to come to court to give evidence. | "It is also encouraging that the officers who gave evidence for the Crown were prepared to report what they had heard and to come to court to give evidence. |
| "I would not be surprised if this was an uncomfortable experience for them. | "I would not be surprised if this was an uncomfortable experience for them. |
| "They should be reassured that despite the verdict in the case their actions are deeply reassuring. Their credibility and integrity are not in doubt. | "They should be reassured that despite the verdict in the case their actions are deeply reassuring. Their credibility and integrity are not in doubt. |
| "Finally there can be no doubt that the MPS [Metropolitan Police Service] and the CPS [Crown Prosecution Service] have taken these incidents and complaints very seriously indeed." | "Finally there can be no doubt that the MPS [Metropolitan Police Service] and the CPS [Crown Prosecution Service] have taken these incidents and complaints very seriously indeed." |
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