A CROWN court judge threw out a charge of anti-English racism against a Welshman when he appeared before him.
Judge Christopher Llewellyn Jones, QC, told prosecution counsel that a charge of racially aggravated wounding could not proceed against 33-year-old Lee Channon.
Channon faced two charges at Newport crown court of racially aggravated wounding and wounding.
But the judge said the single charge of unlawful wounding would be enough.
At an earlier hearing, Judge David Wyn Morgan first raised concerns that a "racially aggravated" charge should be considered in a case where the protagonists were Welsh and English.
He said: "The legislation was not introduced for situations such as this and there are enormous difficulties in identifying the English as a racial group. Nothing would be served by continuing with a charge that is contained in the more serious wounding matter."
Judge Llewellyn Jones took the same view saying that at times it was necessary to "stand back" and consider whether the racial element of the charge should have been put at all.
Channon pleaded guilty to wounding, admitting biting the finger of Englishman Ian Donald McCrae Adams on July 20 this year and referring to him as an "English *******".
The court heard there had been an incident following a rugby match.
Prosecutor Lawrence Jones told the court there was some banter which was instigated by Mr Adams and then a taunt was thrown by Channon, who also bit Mr Adams' finger.
Sentence on Channon, of Bryn Ifor, Caerphilly, was adjourned for pre-sentence reports.
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