South Tyneside man cleared of 'homophobic hate crime' over alleged Sam Smith PCSO jibe
A Tyne Dock man has been cleared of a homophobic hate crime after allegedly likening a PCSO to gay pop star Sam Smith.
A South Tyneside man who allegedly likened a police community support officer to gay pop star singer Sam Smith has been cleared of a homophobic hate crime at trial.
Daniel Taylor, 35, admitted he had called PCSO Callum Thompson “a gay boy” while walking past him inside South Shields’ travel interchange.
When the officer asked him what he had said, Taylor replied, “I said ‘massive big giant’,” police body worn camera footage taken at 7.30pm on Saturday, February 14, showed.
Taylor, of Crofton Street, near Tyne Dock, then threw his backpack to the floor in becoming aggressive, before fleeing the building.
Man allegedly called police officer ‘Sam Smith’
He also admitted he turned and called the same officer “a puff” while being pursued by him and a colleague PC Christine Smithson.
On being arrested soon afterwards, he allegedly referenced PCSO Thompson and Sam Smith together, borough magistrates heard.
They were told there were two elements to the charge Taylor faced of using threatening, abusive, insulting words of behaviour to cause harassment, alarm or distress.
The first was had he intended to cause harassment, alarm or distress to PCSO Thompson, and the second that it was motivated by homophobia.
Magistrates said they did not find the first element proven, meaning any homophobic intent could also not be proved.
Giving evidence, PCSO Thompson said he and PC Smithson were speaking to youths at the interchange as part of an anti-social behaviour initiative.
He said Taylor and another man entered and he heard the words “gay boy”, which he attributed as being said by the defendant towards him.
The officer admitted attempting to grab Taylor’s arm, at which point the defendant pulled his bag from his back and threw it down.
Taylor shouted in anger and backed away towards the exit before making off in the direction of Fowler Street.
PCSO Thompson said he felt targeted, adding: “I believed it was a homophobic comment.”
From the witness box, PC Smithson said she twice heard Taylor, who she described as “agitated”, say “gay boy” at her colleague.
She said, “I heard that very clearly,” and she insisted she had felt distressed by his comments.
And she added: “When he was arrested, he referred to PCSO Thompson, referencing him as ‘Sam Smith’. Sam Smith is a pop singer and his sexuality is homosexual.”
Also giving evidence, Taylor said he believed the officers were bullying the youths.
‘It’s just the banter, isn’t it?’
When asked by defence solicitor Joanne Gatens what he had said, Taylor replied it “might have been gay boy or something”.
Questioned by prosecutor Rehana Haque , Taylor said he had used the homophobic words because “it’s just the banter, isn’t it, it’s what it’s always been like in South Shields”.
He added: “I was just trying to distract him from the kids, and it worked. They were out there trying to bully them and get a reaction.”
And when asked why he had called him a puff, he said: “They are just bullies who go about picking on people.”
Quizzed about the Sam Smith comment, Taylor added: “I can’t remember making that comment. Who is Sam Smith? I listen to music, I must know who that is.”
In finding Taylor not guilty, magistrates said he had not become aggressive until grabbed and the officers’ evidence was “inconsistent”.