An Antrim man who hurled racist abuse during an anti immigration protest has narrowly escaped going to prison.
Imposing a four month prison sentence on Robert Daniel Rosbotham but suspending it for three years, District Judge Nigel Broderick told the 39-year-old he had “great difficulty in accepting the submissions that you are not racist.”
The Antrim Magistrates Court judge, sitting in Ballymena, told Rosbotham the fact he had been drinking was no excuse and that his actions “were wholly unacceptable.”
Rosbotham, from Seacash Drive in Antrim, had earlier entered a guilty plea to a charge of using disorderly behaviour at Fountain Hill on 3 August this year.
A prosecuting lawyer told the judge there had been country wide protests concerning immigration that day with similar protests held in Carrick, Belfast, Bangor and Newtownabbey.
The incident concerning Rosbotham happened at a roundabout on Fountain Street where protesters had blocked traffic and had placed “women and children at the front of the protests.”
She said while the majority of the protestors were peaceful, there were some who engaged in disorderly conduct one of whom was the defendant.
Wearing a distinctive Liverpool FC shirt, Rosbotham was recorded on officers’ body worn cameras “shouting and swearing on numerous occasions” with some of his comments “racist in nature.”
Police at the scene had warned the protesters about the legality of their actions and Rosbotham was recorded shouting responses such as :”Get the foreigners out,” to “f*** the foreigners” as well as “f*** the peelers.”
Arrested and interviewed a couple of weeks later Rosbotham “apologised for his behaviour” and claimed that he had too much to drink.
Defence counsel Neil Moore told the court Rosbotham is single and lives alone and on this day, he had been drinking in a nearby bar when he saw the protest and joined in.
Mr Moore conceded that Rosbotham had ruled himself out of probation or community service so the judge was left with a question whether to suspend any jail sentence or order it to be served immediately.
Imposing the suspended sentence, Judge Broderick told racist Rosbotham the “only thing saving you” from going to prison was his clear record.
“If not for that I would have had no hesitation in imposing an immediate custodial sentence,” warned the judge.