An off-duty special police constable, accused of shouting: "Why don't you f*** off back to Somalia," during a late-night penalty fares row with a train ticket inspector has won his appeal appeal against the racially-aggravated offence.
Witnesses on the train insisted Luke Smith, 27, flew into a rage on the 3am service when his two drunken friends were ordered to pay the £20 on-the-spot penalty and also called a female revenue protection officer a "black bitch".
Betting-shop manager Smith, of Carey Gardens, Wandsworth, who patrols the West End and Soho, told Croydon Crown Court today his words were not motivated by racism, but a desire to remind the Somalian inspector how fortunate he was to live in this country.
"I told him: 'This would never happen in Somalia' because I know Somalia to be a lawless place. I never used racist language towards them.
"I have travelled the world and I believe we have it very lucky here in the U.K.
"Obviously they were black, but I would have said it to anyone. If I ever thought anyone would take it as offensive I would never have said it."
Smith (pictured) was condemned by the Metropolitan Police after he was convicted of racially-abusing the 48 year-old man, fined £300, with £685 costs, ordered to pay £100 compensation to each inspector, plus a £15 victim surcharge.
He was facing disciplinary procedures brought by the Directorate of Professional Standards and Commander Pete Spindler said: "This type of appalling behaviour will not be tolerated on or off duty from any member of staff."
CCTV had captured Smith and his two friends falling down an escalator at Gatwick Airport on October 5, last year, but he insisted they were not excessively drunk and had arranged to purchase tickets on the train.
He quickly identified himself as a police officer when the inspectors demanded penalty fares in cash.
"He obviously had a problem that I represented authority. I challenged him because he was not following the rules and regulations," Smith told the court.
"I told him this would not happen in Somalia because it is a lawless state.
"I was there as a peacemaker, trying to calm it down. I would never tell anybody to go back to any country."
Witnesses also say they heard Smith shout: "Go back to Africa" and "F*** off you Somalian pig."
An off-duty full-time police officer intervened, but Smith identified himself as a PC James and gave a false shoulder number.
"It was stupid of me, but at the time he did not properly identify himself and I did not know who he was."
Insisting "some of my best friends are black, asian, muslim" Smith added: "I will not accept being called a racist, I feel insulted. It is insulting to me, my friends and my family.
"I enjoy the fact London is such a diverse place and I can immerse myself in the different cultures.
"I think the people on the train have just picked what they wanted to hear."
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