A BURNLEY FC supporter has lost a legal challenge to clear his name of racially abusing Clarets striker Adi Akinbiyi.

But David Taylor, 20, has been successful in fighting a football banning order after a judge said his behaviour was “uncharacteristic”.

Despite the court ruling he has already been given a lifetime ban from Clarets matches, both home and away.

The court heard that Taylor had called the striker a “monkey” repeatedly during a home game against Watford in March. He denied the charge and said he called him a “donkey” after he missed a scoring chance.

Judge Christopher Cornwall said: “We are satisfied that he was a supporter of Burnley and in the excitement of the game, behaved in an uncharacteristic manner.

“We are not satisfied he would be likely to repeat the conduct of which he has been convicted.

“Our essential conclusion is that in all the circumstances, there are no reasonable grounds for believing the making of a (banning) order would help to prevent disorder".

Bosses at the Clarets said the club kicked him out of Turf Moor at the time when the incident was reported to stewards and the police were informed.

At the hearing in Preston Crown Court yesterday Judge Cornwall was told that Taylor, of Carr Bank, Keithley, was not racist and had shouted “donkey” at the player.

But that was dismissed by the court, who ordered him to pay a further £125 in costs.

Taylor was convicted in May by Burnley magistrates of racial aggravated threatening or insulting words or behaviour, likely to cause harassment alarm or distress.The magistrates had given him a three year conditional discharge for the offence.

Because of the court ruling Taylor will be allowed to attend matches at other stadiums and follow England internationals.

A spokesman for Burnley FC said: “Burnley Football Club takes all allegations of racism extremely seriously and after his conviction he was banned for life.”