A former Royal Engineer has been fined after he made a Nazi salute at Tottenham Hotspur supporters during a Newcastle match at St James' Park.
Toon fan Shay Asher was identified after photos of him performing the offensive gesture during the game last October were circulated on the internet. A court heard that the Metropolitan Police's digital media team, who were investigating hate crimes on social media, reported the pictures to Northumbria Police.
Numerous complaints from members of the crowd were also made to Newcastle United and a subsequent appeal by police on their Facebook page led to Asher, who made the salute with his right hand while "putting his finger over his mouth for a moustache", coming forward.
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Tottenham Hotspur has a large Jewish fan base and has long been associated with the Jewish community, with one supporter who witnessed Asher's shocking behaviour labelling it "incredibly offensive" and with "no place in the modern era". The court was told one fan reported Asher to a steward but he denied making the gesture and claimed he "waving at a friend".
The 24-year-old, of Gibside View, in Winlaton, Gateshead, appeared at Newcastle Magistrates' Court on Wednesday, where he was fined £200 and ordered to pay £85 costs and a £34 victim surcharge after pleading guilty to a racially-aggravated public order offence.
Prosecutor, Rehana Haque, said Newcastle United were playing the match against Tottenham on October 17 last year when Asher was captured on camera making the salute. Ms Haque continued: "A male is stood in the crowd during the match with his arms raised out in front on him in a Nazi salute facing the Tottenham crowd. Newcastle United also received a large number of complaints with regards to the incident."
The court heard that a couple of supporters informed a steward of what was going on and Asher was spoken to but denied any wrong doing, however, his "face dropped" when he was further challenged and he ran towards the exit. Ms Haque added: "Another witness says a male sat in the row in front of her was acting in a racist manner and she observed him do the Nazi salute with a finger over his mouth as a moustache. He was heard to say he was going to fight some Tottenham fans."
Asher was interviewed by police after he handed himself in but continued to deny the offence until he eventually started to cry and stated he "felt ashamed".
Alanna Wesencraft, defending, said Asher had been medically discharged from the Royal Engineers after he suffered a traumatic experience relating to a friend and went on to suffer from mental health problems. The solicitor added: "He would describe this as sheer madness. He asked me to convey his apologies. He knows it's appalling. He got swept up in the game around him."
Northumbria Police will now apply for a Football Banning Order to be made against Asher, which he will contest, and he will next appear back at the same court on July 19 to find out the outcome of that application. In the meantime, he was released on conditional bail, which banned him from entering sporting venues in the UK.
Andrew Waters, Football Lead Lawyer of CPS North East said: “The actions of Shay Asher on that day were condemned, rightly, by supporters of both teams. Thanks to the efforts made by both Northumbria Police and Newcastle United Football Club to ensure the safety of crowds at matches, high quality video footage of Asher’s actions was captured and then used to identify him.
"The Crown Prosecution used this evidence to help build a robust case against Asher, leading him to plead guilty to this offence.”
Douglas Mackay, National Lead Prosecutor for Sport, at the CPS added: “Over recent years and months, Hate Crimes relating to sporting events have been on the rise. A recent UK Football Policing Unit mid-season 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.”
