Kevin O'Sullivan

Zero tolerance, zero sanity

After a 30-second scuffle on a train, it took 20 months and £15,000 to clear my name

For 20 months, I stood accused of a hate crime: homophobically motivated common assault. The British Transport Police pursued my case with extraordinary zeal. So too did the Crown Prosecution Service. I was plunged into a world where common sense withered and died.

The nightmare began when I was travelling home to London after a funeral in Kent. I was chatting with a friend on the train when a strange man started shouting at us from across the carriage. ‘Shut up!’ he yelled before accusing us of conducting a sexist and misogynistic conversation at high volume. This was, in his opinion, ‘offensive’.


Brendan O’Neill and Kevin O’Sullivan discuss the real hate crime scandal:


We were bemused. Talking at a normal volume for a private conversation, we were in fact discussing a male colleague, admittedly using the occasional swear word. Jabbing his finger at us, our accuser insisted we were using derogatory language about a woman. We weren’t. I suggested that he might like to stop his tirade. But he carried on screaming at us. When he went to get up, I decided to defend myself by trying to keep him in his seat. I thought it would be safer that way. My friend was 66 and not well. At this point our accuser leapt to his feet and punched me in the face. A playground grappling session ensued. I’m no fighter and nor was he. It was a non-event, handbags. No one was hurt.

Someone had dialled 999, the guard arrived and I returned to my seat. The entire altercation lasted about 30 seconds. The train halted at Tunbridge Wells, a police officer took our statements separately and informed me that my accuser didn’t want to press charges. Nor did I. He got off the train, I continued my journey and that was the end of it.

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