Ernest Gould – ‘Monkey Gestures’ man wins conviction appeal

Ernest Gould – ‘Monkey Gestures’ man wins conviction appeal

Photo from the BBC

We previously covered the sentencing of Ernest Gould, a 72 year who got convicted of racially aggravated s4 (probably) after he marked a last minute equaliser in a Blackburn Rovers v Middlesbrough game by making ‘underarm’ ‘monkey gestures’ towards three black players.

At the time, in relation to an appeal against the conviction, we said “He put forward his defence and was disbelieved, and there’s no reason to think that a Crown Court Judge would take a different view“.

Well. It seems we got that one wrong … on 2nd December 2015 his appeal against conviction was allowed at Teeside Crown Court.

Mr Goult accepted making the gestures, but he said that this was an old Teeside gesture which “meant “the pits” or “smelly”. The Crown Court said that they could not be sure that the gesture was racist (by implication, they could not be sure that he was lying).

As a result the conviction falls away, along with the fine and (probably for Mr Goult) the football banning order.

Dan is a barrister at 2 Dr. Johnson’s Buildings practising in crime.