Racial abuse man in court

Lee Cunningham, 23, of Inchfield, Worsthorne, made racial comments as he drove past Shahid Malik and a group of students in Worsthorne last March.

Mr Malik, son of former Mayor of Burnley Rafique Malik and member of Labour's National Executive Committee, was being interviewed as part of a project by the University of Central Lancashire in Preston looking into racism in the town.

Cunningham drove past the group in Church Square and shouted comments towards Mr Malik which left him "shocked and upset".

Cunningham was given a conditional discharge after being convicted of using racially aggravated threats, words or behaviour at a hearing at Burnley magistrates. He was ordered to pay £175 costs.

Mr Malik told the court he had been talking to the film crew on Sunday, March 16 when a car approached and the driver shouted a racist comment at him before driving off.

He said earlier in the day a group of boys had walked past and spat at one of the students.

He added: "The car slowed down and a racist comment was shouted but my response was to keep smiling. I did think he might be going off to get more people. I have not forgotten those words, they have stayed with me since that day in March."

Martin Hackett, defending, suggested Mr Malik had made up the allegation in order to heighten his profile in the town, but this was dismissed by Mr Malik as "outrageous."

Mr Malik's story was backed up by two of the students involved in the filming.

Kelly Dodd and Rosaline Ford both said they saw the car come towards the group and then heard the driver shout some form of racist comment.

Cunningham admitted he had shouted at Shahid Malik because he knew him from their time together at Barden School and from appearances in the local media.

However, he denied the allegation that the comments were racist and said he had simply shouted out to ask Mr Malik what he was doing and to call him a troublemaker.