Councillor not guilty after prosecution over ‘Nazi’ salute

CLEARED: Hull Labour Councillor Alan Gardiner

EXCLUSIVE

By Angus Young

A city councillor has been found not guilty of threatening behaviour after appearing to make a Nazi salute during a full council meeting.

Labour Councillor Alan Gardiner also said “I’m a fascist, I’m a fascist, I’m a fascist” in the outburst at Hull City Council’s annual budget-setting meeting 12 months ago.

He later apologised claiming he was attempting to be ironic while responding to heckling from Liberal Democrat councillors.

In a statement at the time, he said: “I wholeheartedly apologise for my comments made in the chamber.

“After a heated debate I made comments in irony, which upon reflection, I know are highly inappropriate.”

The long-serving Ings ward councillor also made a personal apology to councillors at the start of the next full council meeting in March.  

At the same meeting Lib Dem council leader Councillor Mike Ross called on him to resign, describing his actions as “offensive, racist and completely inappropriate”.

TRIAL: Beverley Magistrates’ Court

In the immediate aftermath, the vice-chair of Hull Reform Synagogue Andy Harbet wrote to the Labour Party claiming the city’s Jewish community had been “hurt, shocked and outraged” by Coun Gardiner’s actions.

Lib Dem Councillor Sarita Robinson, who is Jewish, also described his behaviour as  “horrific” and “deeply disturbing”.

A complaint was later made to Humberside Police and Coun Gardiner was subsequently charged with the public order offence of using threatening, abusive or insulting words or behaviour.

The offence, under section 5 of the Public Order Act, carries a maximum sentence of a fine if convicted.

However, he was acquitted after a one-day trial held earlier this week at Beverley Magistrates’ Court in which Coun Ross appeared as a prosecution witness.

Video footage of Coun Gardiner’s outburst was shown during the trial, which was presided over by a magistrate.

In the footage, which can still be seen on the council’s YouTube channel, he accuses the Lib Dems of “re-writing history and repeating lies” over transport issues as he starts a speech before being heckled by an off-camera Lib Dem councillor.

‘GREAT DAY’: Councillor Daren Hale’s Facebook post after the verdict

After being interrupted twice, he raises an arm and points to the unseen heckler and says: “Shut up”.

He then appears to be heckled again and responds to another comment by making a Nazi salute towards the unseen person who made it. The comment cannot be clearly heard in the video footage.

Amid further uproar, he then says “I’m a fascist” three times before adding: “I think my record goes before me.”

Both Coun Gardiner and Labour group leader Councillor Daren Hale declined to comment on the outcome of the trial when approached by The Hull Story.

However, on the evening after the court hearing, Coun Hale posted an image on Facebook of Coun Gardiner and his Ings ward Labour colleague Councillor Denise Thompson apparently celebrating the outcome of the case.

Under the heading “Great day with good friends”, Coun Hale wrote: “Spent a long day in Beverley with these great friends. When you take a shot at the best of the best, you better not miss. When you know you know.”

A spokesperson for Hull Labour said: “We are very pleased that Alan Gardiner had been acquitted. We strongly believe the complaints were politically-motivated and we were astonished at the decision by the Crown Prosecution Service to prosecute.

“This has been a shocking waste of public money and valuable court time when there is such a backlog of cases stuck in the criminal justice system.”