A MAN who racially abused a British man and his Zimbabwean-born wife narrowly escaped a prison sentence yesterday.

District Judge Michael Wood, sitting at Newton Aycliffe Magistrates' Court, told Daniel James Storey he was "an extremely fortunate young man" not to be sent to jail for two incidents of racially aggravated abuse.

On April 22, magistrates found Storey, 23, of Coleridge Road, Chilton, guilty of two counts of using abusive words towards Marilyn Jane Mitton while demonstrating hostility based on her race.

On September 3 last year, he approached student nurse Mrs Mitton, 45, and her husband of ten years, Gordon Dagleish Hain, 58, in The Wheatsheaf pub, Chilton, swore at them and made racial references.

Three weeks later, the couple were driving past the same pub when Storey was leaving the building and he walked in front of the car, forcing them to swerve.

When Mr Hain got out of the car, Storey shouted racist and foul language at the couple, who met when Mr Hain was working as a stone mason in Mrs Mitton's home country.

The bench from the trial had adjourned the case until yesterday for the Probation Service's pre-sentence reports and had ordered that the report be steered towards a community-based punishment.

Because of the magistrates' comments, District Judge Wood was forced to follow their guidance, but said if he had dealt with the trial he would have imposed an immediate custodial sentence.

He told Storey: "I don't understand what the lay bench were thinking of when they adjourned for reports.

"Because of the racial element, this case warranted an immediate custodial sentence.

"However, I'm bound by the indication given by the lay bench, even though I don't agree with it, so am imposing the maximum community punishment order I can.

"I will warn you, if you do not do the unpaid work as directed, I will make sure any breach comes before me. I'm not then bound by the lay bench indication and will send you into custody."

Storey was sentenced to a community punishment order of 240 hours and ordered to pay £150 compensation and costs of £200.