A court has ruled that a song calling gay men ‘fairies’ and ‘fags’ is not homophobic.
Judges at Stratford Magistrates Court unanimously ruled that a song containing the terms was not offensive, and that the lyrics should be taken as “satire”.
The ruling comes after Nick Fiveash, 61, and his male partner, from east London, claimed that their neighbours performed the song in an attempt to deliberately offend them after a row about noise in August last year.
The couple recorded their neighbours singing the song, which included the words: “Well you are a fairy, you’re friends call you Mary/Well you are a fag you dress up in drag.”
According to The Independent, lyrics also include: “You knit and you sew, you tie things with bows/Cos that’s what you do when you are a fag fag fag.”
Mr Fiveash said he complained to new neighbours Olivia Still and her partner Nick Stott about noise levels.
The pair who had recently moved in allegedly said “they’re gonna love this”, before singing along to the Mark Silverman song.
After a disagreement over the song’s content, Mr Fiveash made the recording from his window.
Three magistrates found Ms Still and Mr Stott “not guilty” of the charge of “using threatening, abusive, and insulting words to cause alarm and distress” as they concluded the song was “satirical” and not “homophobic”.
MOST POPULAR STORIES FROM YAHOO UK:
Couple bombarded with abuse after crowdfunding attempt to raise £6,000 for their wedding
Going underground! Garden wheelie bins could soon be a thing of the past
Dad brings his sex robot on This Morning and says he keeps it in the same house as his kids
Princess Diana memorial becomes internet sensation for looking somewhat terrifying
Traveller family jailed for 80 years for running modern day slavery gang using homeless people
Mr Fiveash wrote to the Crown Prosecution Service (CPS) asking them to appeal the verdict on the grounds it is in the public interest, saying that the ruling highlighted unconscious homophobia in the legal system.
But the CPS said that it would not appeal because it could not be proved there was deliberate intent on the neighbours’ part.
They wrote: “Where there is any doubt whatsoever, they must find in the defendant not guilty.
”This does not mean that they accepted the defendants’ accounts or that you were not believed.”
Part of the reason for the not guilty verdict was that Mr Fiveash began recording the song on his phone “before the offensive lyrics began”.
The CPS there ruled that it was not possible to appeal because magistrates’ made their decision based on factual evidence.
Mr Fiveash lashed out at the decision, telling The Independent: “I’ve moved past the fact that my neighbours are homophobic and I’ve got to live next door to them.
“My issue is how difficult I’ve discovered it is for LGBT people to report these things and get listened to.
“It’s all very well getting the numbers up for the number of people reporting hate crime, but if someone said to me tomorrow ‘we’ve been subject to homophobic abuse what do we do?’ I’d say don’t bother.”
Rushanara Ali, the couple’s local MP, has called for the case to be reconsidered in a letter to the CPS.
However, the CPS stated again that they will not appeal the case.