PAYNE:CLUB OWNER CLEARED OF ABUSING RIVAL AFTER PETER TATCHELL BACKING

A West End club owner was cleared today (thurs) of racially abusing a rival after gay rights campaigner Peter Tatchell gave him a glowing reference at his trial.

Roger Payne, 50, was alleged to have sworn at Joao Paulo Tervino and told him: ‘You have an a*** like a monkey.’

The businessman, who at the time owned two well known night clubs in Leicester Square, was said to have confronted Mr Tervino because he was promoting a rival venue.

Prosecutors said he took several photographs of the alleged victim, before calling him a ‘black c***.’

But Payne was acquitted of racially aggravated harassment at Southwark Crown Court today after he insisted that he had not used racist language.

His barrister Ian Glen, QC, called several character witnesses, including Mr Tatchell as well as black employees of Payne.

The court heard that at the time of the alleged offence on May 7 last year, Payne held a controlling interest in two Leicester Square nightclubs called Sound and Storm.

Mr Tervino, who worked as an ‘ambassador’ for rival venue Penthouse, said he was talking to a group of clubbers outside Sound when he noticed the defendant taking photographs of him.

He said a row developed during which the defendant repeatedly called him a ‘c***’, and said: ‘You have an a*** like a monkey you black c***.’

Jurors also heard evidence from Christopher Trusson, an off-duty special constable who happened to be in the group of young men Mr Tervino was talking to.

He said he had heard Payne tell the promoter: ‘You black c***, I can see your black a***,’ and had shown him his warrant card, at which point the abuse had stopped.

In his own evidence, Payne said he had seen Mr Tervino ‘touting’ in front of Sound, which he should only have been allowed to do outside his own venue.

He agreed he had taken photographs of the complainant, who he said came towards him shouting and swearing.

Payne admitted that he swore back at Mr Tervino, but insisted he had not used any racist language, and had instead told him to ‘turn his fat a*** around so he could take a photograph.’

He said Mr Trusson had approached him and told him, wrongly, that it was illegal to take photographs, before producing his warrant card and thrusting it at him.

The court also heard that it was Payne who had contacted the police, telling nearby officers that Mr Trusson’s group, who he said were drunk, were potential trouble makers.

But the defendant told the court that when he crossed the square once again a few minutes later, he was told he had been accused of using racist language and arrested.

The court heard that Payne, who had been involved in the licence trade for 30 years, has given up his interest in the two clubs since the incident.

He now owns an African themed restaurant in Camden Town, North London, which was opened by the ‘King of the Zulus’ who he met in South Africa.

The jury heard character evidence from black employees of Mr Payne, who described him as a ‘model employer’ who had encouraged them in their careers.

Mr Tatchell also gave character evidence on his behalf, prompting trial judge Mr Recorder Harry Turcan to say: ‘It would be difficult to speak more highly of someone than Mr Tatchell did of this defendant.’

Payne, of (4) the Square, Rattington Street, Chartham, Canterbury, Kent, denied racially aggravated harassment.

ENDS