A Darlington teen who “celebrated” after throwing missiles at police near a mosque will be sentenced next week after a legal row broke out over whether his actions were racially motivated.
Cole Stewart pleaded guilty to a charge of violent disorder earlier this week after attending a gathering in Darlington on Monday (August 5) evening.
Police were called at 9.30pm to Gladstone Street and North Lodge Terrace in Darlington where a large number of young men had congregated and were heading towards a mosque the court heard.
About 30 men gathered at a car park on Gladstone Street and around 60 men gathered outside the mosque. In the car park was Cole Stewart, wearing a head cover.
The court heard he threw stones or rocks and hit police, and he was due to be sentenced on Friday (August 9) afternoon.
Police officer PC Hind observed a man "being relentless" throwing objects towards officers. Prosecutor Miss Rachel Masters said he was seen picking up bricks from behind a van throwing them, and breaking large bricks into smaller ones to use as missiles.
She said PC Hind felt a blow to his wrist, with cheers following from those in the area. "The officer saw this defendant in effect celebrating with his arms in the air."
But despite admitting his involvement a legal row broke out at Teesside Crown Court over whether his behaviour was racially motivated.
Prosecuting Miss Rachel masters argued offending was racially motivated. Miss Masters said: “By the defendant’s behaviour throwing the bricks over police to the people in North Lodge Terrace there was a real motivation by this defendant to commit a racially motivated offence.
“The evidence from the CCTV and officers suggested that he was directing violence in that direction (towards the mosque).”
She added that it may be based on geography that the case can be considered racial.
But, mitigating, Mr Gary Wood, referred to a pre-sentence report which said he was “vulnerable to exploitation”.
“It mentioned that he doesn’t maintain racist views and does not align himself with the far right.”
He argued the offence was not racially motivated, and said Stewart had admitted a police van was the target of missiles he’d thrown.
Remanding Stewart in custody ahead of a further hearing on Monday, Judge Francis Laird KC said: “I need to know on what basis I am to sentence you.”
He adjourned the case until Monday. If the prosecution and defence can come to an agreement before then Stewart will stand to be sentenced or could face a trial by issue in front of a judge to decide which version of events is truthful, before he is sentenced.
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