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Woman who drunkenly ranted at Asian man on tube near Mile End is cleared of racism

PUBLISHED: 16:18 26 September 2013 | UPDATED: 15:13 30 September 2013

Claire Moloney, of Western Avenue, Dagenham, appeared at Snaresbrook Crown Court (pictured)

Claire Moloney, of Western Avenue, Dagenham, appeared at Snaresbrook Crown Court (pictured)

Archant

A commuter who swore at an Asian man and told him to go back to his own country in a drunken rant on the Tube, has been found not guilty of racially aggravated harassment.

Claire Moloney was filmed by another passenger on the District line train between Stepney Green and Mile End stations who uploaded the clip onto YouTube.

The married mum-of-two of Western Avenue, Dagenham, told the unidentified man: “I f****** respect people in their countries, f*** you c***.

“You come in this country, you want to f****** have everything on a plate.

“F*** off to your own country if your country is so good, you c***.”

During the video, shown to the jury at Snaresbrook Crown Court yesterday, Moloney rises from her seat and approaches the man, yelling at him.

Prosecutor Christopher Draycott said: “After initially arguing back, he is reduced to saying, ‘alright, I agree with you, I will go home’.

“It is not a crime merely to swear in public, the words and behaviour must also cause the other person harassment, alarm or distress. Quite clearly these words would cause harassment, alarm or distress.

“This incident was racially motivated and was to put to him because of his membership of a particular racial group.”

The foul-mouthed tirade took place in October 2010 and the clip was uploaded onto YouTube the following month.

But neither the witness nor any passenger reported the incident and it only came to the attention of police in April this year after the video went viral.

Moloney, who works as an accountant, said she was “mortified” at her language but claimed it was a reaction to the man “insulting” her own country.

She said: “I’m not a racist. I agree the language was horrific, I’m mortified.

“He said something about blood on my hands for invading his country. He took offence to me wearing a poppy. It was against women in general and he definitely used the word ‘slag’.

“I was drunk. He was insulting me and my country. I lost it. I felt threatened, I was on my own, I was the only woman in the carriage and I wanted to come across like I wasn’t scared.”

When police arrested Moloney in May after a public appeal for information, she told them it was “an everyday argument”, the jury heard.

Moloney denied racially aggravated harassment, causing alarm or distress.

Police were unable to trace the victim, any other passenger on the carriage or the person who uploaded the video onto YouTube.

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