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Man who sent black man a banana at Wetherspoons fined

Court finds Louie Kincella, 20, guilty of racially aggravated offence under Public Order Act

Kate Ng
Thursday 17 September 2020 15:31 BST
Louie Kincella, 20, from Mottingham, claimed he sent the banana to Mark D’arcy-Smith, 25, as a “joke”
Louie Kincella, 20, from Mottingham, claimed he sent the banana to Mark D’arcy-Smith, 25, as a “joke” (SWNS)

A Wetherspoon customer who sent a banana to a black man in the same pub has been convicted of a racist hate crime and ordered to pay over £1,200 in fines and court costs.

Louie Kincella, 20, from Mottingham, claimed he sent the banana to Mark D’arcy-Smith, 25, as a “joke” while they were  in The Richmal Crompton pub, Bromley, last November.

Mr D’arcy-Smith previously told the BBC that the incident left him feeling “upset, shocked and scared” and reported it to the Metropolitan Police.

He also added that staff at the pub did not treat the incident seriously enough.

“My friend went to talk to a staff member, but they didn’t see what the issue was. He said: ‘Do you know what’s wrong here?’” said Mr D’arcy.

“They thought they had brought an incorrect order. We had to explain what was wrong with that. I was sat on my own at this point, I looked around to see if I could spot anyone.

“I got anxious. I think someone sent it because it was anonymous.”

On 17 January, Kincella was arrested at his home and charged with a racially aggravated offence under the Public Order Act.

He admitted to ordering the banana, but claimed it was done “for a joke” and he had meant for the fruit to go to his table.

Kincella appeared at Bexley Magistrates’ Court, where he was found guilty and fined £600. He was also ordered to pay court costs of £620 and a victim surcharge of £60 following the hearing, which took place on 8 September.

Mark D'arcy-Smith, 24, who had a banana sent to his table by an anonymous customer at a Wetherspoon's pub in Bromley, southeast London, on 8 November. (Mark D'arcy-Smith/SWNS)

Mr D’arcy-Smith said it “felt like a massive weight was lifted from my shoulders” after the sentencing.

Detective Inspector Stuart Hart, head of the Safeguarding Team, said the case “required a painstaking investigation”.

He added in a statement: “Hate crimes are a priority for the Met and we take all allegations very seriously.”

Kincella has been barred from the pub, said a Wetherspoon’s spokesperson, who added that the manager had met with Mr D’arcy-Smith “to apologise to him and the company does so once again now”.

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