The decision to spare a Kerry student a criminal conviction for sending racist messages to Arsenal legend Ian Wright was a setback in the fight against racism in Ireland, according to a leading academic.

18-year-old Patrick O'Brien, of Sycamore Court, Ashleigh Downs in Tralee had pleaded guilty to sending the former England international 'grossly offensive, obscene and menacing' phone messages.

Judge David Waters decided to deal with the matter under the probation act – meaning the case against the Kerryman was proven but no criminal conviction was recorded.

In a statement, Wright said he was ‘disappointed’ and ‘tired’ following the sentencing – and warned that he never expected his decision to forgive O’Brien to be used to reduce his sentence.

On Newstalk Breakfast this morning, Amanullah De Sondy, Head of the Study of Religions Department in University College Cork, said the ruling was a setback in the fight against racism.

“I feel a mixture of anger and disappointment and I feel exactly the same way Ian Wright feels,” he said.

“People on the receiving end of racism want action. We want racists to fear in the way that we have been made to fear.

“I think this is a setback. What we need is firm action to make clear that Ireland says no to racism and that the full force of the law will be brought down on anyone who commits racism.”

Arsenal legend Ian Wright during an international friendly match at the Amsterdam Arena, 06-08-2020. Image: Nick Potts/PA Wire/PA Images

Dr De Sondy said sentences like the one handed down yesterday are demoralising for anyone who has suffered racist abuse.

“This is violence,” he said. “Racism is actually structural, psychological and physical violence.

“We can stand very strong when we receive this racism but, as Ian Wright said, it is also very exhausting.

“I have got better things to do with my life here in Cork than to every day expect some sort of troll, some sort of statement against me.

“I still wake up every single morning thinking that the person who called my office at the university and threatened me is still out there because that person was never caught.”

Excuses

In handing down the sentence yesterday, Judge Waters referred to a five-page probation report and said he believed the “reprehensible” abuse was the “unthinking behaviour of a naive young man” rather than anything built on under-lying beliefs.

Dr De Sondy said dismissing racism as naive and immature simply “relieves racists and gives them excuses for their behaviour.”

“What we know is that racism is a big issue in Ireland and it is now well-defined through many, many narratives,” he said. “We now have a chance to proscribe actions.”

Consequences

He said racism will continue to thrive unless the law acts as a deterrent.

“You make people afraid,” he said. “There is a psychology of law. When you know there is a consequence to your action, you stop doing it.

“Now I am thinking, somebody who is out there who does all this trolling, who does all these racist things and thinks they can pick up the phone and threaten somebody, what is the deterrent to them?

“That is exactly what is coming from Ian – who doesn’t live in this country.

“So, what I worry is, for all of us black, Asian, and minority ethnic individuals who live in this country, what are we supposed to take from this case?

“That is the worry and we can’t just say it is unconscious bias. We can’t just say, ‘oh, it is jut somebody’s naivety and immaturity.’

“No. That can’t be labelled in such a simplistic way. We need more actions. We need actions towards changes in our structures to be anti-racist.”

'Disappointed and tired'

In a statement last night, Ian Wright said the case was never about revenge – noting that he had forgiven O’Brien “out of a deeply personal need and desire to move forward without further anguish.”

"I'm a 57-year-old man that has experienced racism throughout my life. I wasn't expecting my forgiveness to be an invitation to lighten a sentence.

"Seeing this judgement, I can only wonder what deterrent there is for anyone else who spouts this kind of vile racist abuse.

"An individual wished death upon me because of my skin colour. No judge's claims of 'naivety' or 'immaturity' will ever be acceptable to us.”

You can listen back to Dr De Sondy here: