A drunk man subjected a police officer to racial abuse following an altercation at a McDonald's restaurant, Birmingham Magistrates' Court was told on August 17.
Racial slurs and threats during transport
John Herbert, 42, called a police officer a "f****** little asian p****" while being transported to custody, prosecutor Ms Mehnaz Mallik informed the court. The incident occurred on December 26, 2025, after Herbert had been arrested following a disagreement at McDonald's.
Ms Mallik stated that Herbert "made numerous other threats of violence towards officers and other racial remarks towards the victim" during the journey to police facilities. Because the officer was accompanying the defendant to custody, "he had to be in the vehicle" with him during the verbal attack.
Victim statement and defence account
Reading the victim statement from the police officer, Ms Mallik said: "I am an officer with Pakistani heritage." The officer reported that Herbert had hurled "disgusting" comments towards him, adding: "I found the behaviour not in line with good social values."
Defending, Mr Ian Paterson, said Herbert had "too much alcohol to drink" prior to the racial incident. Mr Paterson told the court: "He, Herbert, had been out with his father and his friends. He made the mistake of trying to keep up drinking. He does not drink very often. He accepts that on some occasions he went binge drinking, and this was one such occasion."
Painting a picture of the night in question on Boxing Day last year, the defence lawyer said: "I believe he was on his way home after he went to get some food." Mr Paterson told the court Herbert, a painter and decorator, had been involved in a disagreement at McDonald's when the police were called. He added: "At the point police arrived and then arrested him, he [Herbert] believed the other people were at fault."
Remorse and mental health issues
Describing the remorse of his client, the defence lawyer said when told of the racial incident during his police interview, Herbert was "shocked and astonished at what he had done." Mr Paterson recounted: "He said this is not the way I normally behave or react." The court also heard that Herbert had "issues with his mental health" and "issues with anxiety and depression."
Sentence and compensation
Herbert, of Irwin Avenue, Rednal, was handed an 18-month community order, 200 hours of unpaid work, 20 rehabilitation activity requirement days (RAR), 75 days with an alcohol abstinence and monitoring requirement, as well as £85 in court costs, a £114 victim surcharge and £50 compensation to the victim.
