A WOMAN accused of a racially aggravated public order offence in a Kendal park has been cleared by a court.

Deborah Nicholson was charged after an incident in the play area at Abbot Hall Park on September 6 last year involving the accused and Shafeen Akhtar.

However, at Barrow Magistrates’ Court she was found not guilty of a section 4A racially aggravated public order offence and also found not guilty of a standard section 4A public order offence.

Speaking via a video link, Ms Akhtar told the court on the afternoon of the alleged incident, she was at the play area when she became aware of Ms Nicholson and she was then confronted by the defendant.

The incident appeared to have been connected to an argument between the two women’s respective children which had taken place on a previous date but had resurfaced on the afternoon in question.

“She was being very abusive,” Ms Akhtar said.

She claimed Ms Nicholson made threats to her and she was fearful for her children’s safety, and three witnesses, who also spoke via a video link, said they had also seen Ms Nicholson acting in an aggressive manner.

She told the court during the course of the confrontation, the defendant had used the racial slur which had caused her great distress.

Summarising the case for the prosecution, Peter Kelly told the court: “The contention is that the defendant was aggressive and confrontational and was the instigator of this incident.”

However, defending his client, Chris Evans told the court three witnesses had been produced and none of them recalled the defendant using the racial slur which she had been accused of.

He pointed out that his client vehemently denied making the racial slur and indeed denied using any foul language and making any threats, though she admitted she had called Ms Akhtar a “crazy bitch.”

The defendant, who told the court she had never previously met Ms Akhtar, insisted that she would not use the racist term as she worked with members of the ethnic community.

“I would never use that language to another human being,” she told the court.

Chair of the magistrates’ panel Anne Hawson JP said the prosecution had been unable to prove beyond reasonable doubt the racist term had been used and therefore they found the defendant not guilty.