Swindon Town fan cleared of racially abusing Ashley Cole

Ashley Cole was acting as a pundit when the incident happened

A Swindon Town fan has been cleared of racially abusing Ashley Cole during an FA Cup match in January last year.

Lee Oscroft, 25, hurled insults at the Arsenal and Chelsea star while he was acting as a pundit following the club's clash with Manchester City.

Oscroft admitted directing foul language at Cole but denied it was racially motivated.

He was acquitted of racially aggravated harassment after a brief trial at Swindon Magistrates' Court.

Judge Joanna Dickens ruled she could not be sure that it was Oscroft who had used the racial slurs.

Oscroft, of Kingshill, Swindon, previously admitted a lesser charge of using threatening and abusive words or behaviour contrary to the Public Order Act.

During the trial, the court was shown footage of Oscroft waving his wallet at Cole.

'Derogatory comments'

Trainee paramedic Katherine Ashby, who was on duty in the stadium on the day of the incident, said the defendant "had been leaning as close as he could towards Ashley Cole as he stood in the interview box".

She said: "He was very loud, making derogatory comments."

As he walked away from the barrier she heard Oscroft remark to a friend: "I've waited years to say that to him (Cole)."

Oscroft said that as a long-standing Arsenal fan he was still angry with the former player over his decision to transfer to Chelsea.

He admitted swearing at Cole.

'Not in my vocabulary'

Oscroft said the language he admitted using was "a bit of banter," adding: "You hear those words a lot when you go to football games regularly."

But he added: "Did I use a racial slur? Absolutely not.

"I can assure everyone that I have not used that word. It's not in my vocabulary."

He admitted remarking he had "waited 16 years to say that".

The court heard on 8 January, the day after the match, Oscroft had retweeted a statement from Swindon Town FC about the racist abuse directed at Cole.

In the post, Oscroft said: "Whatever your opinions on the bloke, racially abusing him is inexcusable."

He continued: "This doesn't represent our fanbase."

'No place in football'

Finding Oscroft not guilty, Judge Dickens said: "I think we would all agree racial abuse of this kind is horrific and has absolutely no place in football."

She continued: "Ultimately, in relation to this case the only question I have to decide is not whether the racial slur was used, but whether it was said by the defendant.

"You could have used the slur, but I cannot be completely sure of it, and I have to be completely sure in order to find you guilty."

Oscroft could still face a football banning order due to his conviction for a public order offence.

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