{"id":94855,"date":"2019-11-06T12:02:26","date_gmt":"2019-11-06T19:02:26","guid":{"rendered":"http:\/\/www.lankaweb.com\/news\/items\/?p=94855"},"modified":"2019-11-06T12:02:26","modified_gmt":"2019-11-06T19:02:26","slug":"mixed-race-soldier-48-sues-mod-for-100000-claiming-he-was-forced-from-his-job-after-being-compared-to-scaramangas-henchman-nick-nack-by-a-comrade","status":"publish","type":"post","link":"https:\/\/www.lankaweb.com\/news\/items\/2019\/11\/06\/mixed-race-soldier-48-sues-mod-for-100000-claiming-he-was-forced-from-his-job-after-being-compared-to-scaramangas-henchman-nick-nack-by-a-comrade\/","title":{"rendered":"Mixed-race soldier, 48, sues MOD for \u00a3100,000 claiming he was forced from his job after being compared to Scaramanga&#8217;s henchman Nick Nack by a comrade"},"content":{"rendered":"<h2><span style=\"color: #0000ff;\"><em>Courtesy\u00a0 <a class=\"author\" style=\"color: #0000ff;\" href=\"https:\/\/www.dailymail.co.uk\/home\/search.html?s=&amp;authornamef=Richard+Spillett+for+MailOnline\" rel=\"nofollow\">RICHARD SPILLETT FOR MAILONLINE<\/a><\/em><\/span><\/h2>\n\n\n<ul class=\"wp-block-list\"><li><strong>Former TA reservist launches High Court claim over alleged racist taunts<\/strong><\/li><li><strong>His lawyer tells court that comrades acted as if &#8216;it was 20 or 30 years ago&#8217;<\/strong><\/li><li><strong>Army vehemently denies racism in its ranks, saying the comments were &#8216;banter&#8217;<\/strong><\/li><li><strong>The issue is set to be decided by a High Court judge following \u00a3100k claim<\/strong><\/li><\/ul>\n\n\n\n<p>A soldier of Sri Lankan heritage who says he was subjected to racist taunts in the Army and compared to James Bond character Nick Nack is suing the MoD for \u00a3100,000.<\/p>\n\n\n\n<p>Mark De Kretser, who is of mixed race, said he suffered racist bullying at the Norfolk base of the 7th Infantry Brigade, often dubbed &#8216;the Desert Rats&#8217;.<\/p>\n\n\n\n<p>He says he was compared to Nick Nack, from the Bond film The Man With The Golden Gun, and referred to as &#8216;Apu&#8217;, the Indian shop owner from The Simpsons.<\/p>\n\n\n\n<p>The 48-year-old father-of-four, of Wroxham, Norfolk, was medically discharged due to mental stress in 2017, but has since launched a claim for \u00a3100,000 in damages over his alleged treatment.<\/p>\n\n\n\n<p>Lawyers for the MoD told London&#8217;s High Court that the comments made were just &#8216;banter&#8217; and were said in the &#8216;spirit of jest&#8217;.<\/p>\n\n\n\n<p>Launching Mr De Kretser&#8217;s claim at the court, his barrister Christopher Hough said: &#8216;This was a bunch of white men in their 40s who were pretending in their way that the Equality Act hadn&#8217;t been passed and that tolerance of racism is still the same now as it was 20 or 30 years ago.<\/p>\n\n\n\n<p>&#8216;By its defence to this claim, the MoD invites the court to turn the clock back to an earlier age, where &#8220;banter&#8221; was considered acceptable.&#8217;<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/i.dailymail.co.uk\/1s\/2019\/11\/06\/13\/20670422-7655973-image-m-80_1573045204540.jpg\" alt=\"He says he was repeatedly called the names of black and Asian characters from TV shows\"\/><\/figure>\n\n\n\n<p>He says he was repeatedly called the names of black and Asian characters from TV shows<\/p>\n\n\n\n<p>The court heard Mr De Kretser comes from a military family, with his ancestors fighting in both World Wars. He is &#8216;very proud&#8217; of his Sir Lankan heritage, said Mr Hough.<\/p>\n\n\n\n<p>He joined the cadets at 11, then became a member of the TA in 1988, eventually becoming a full-time colour sergeant based at the Thetford unit in 2013.<\/p>\n\n\n\n<p>During his time as a reservist, he was deployed abroad several times, serving in Iraq, Cyprus and Afghanistan, Judge Graham Robinson was told.<\/p>\n\n\n\n<p>But, his barrister said, between 2013 and 2015 Mr De Kretser was subjected to a campaign of bullying at Thetford.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/i.dailymail.co.uk\/1s\/2019\/11\/06\/13\/20670424-7655973-image-m-83_1573045492111.jpg\" alt=\"The Army says the comments were all military 'banter' and Sergeant Kevin McHenry (pictured), who referred to\u00a0Mr De Kretser as Cosby Show character Dr Huxtable, says he was a friend of\u00a0Mr De Kretser\"\/><\/figure>\n\n\n\n<p><em>The Army says the comments were all military &#8216;banter&#8217; and Sergeant Kevin McHenry (pictured), who referred to\u00a0Mr De Kretser as Cosby Show character Dr Huxtable, says he was a friend of\u00a0Mr De Kretser<\/em><\/p>\n\n\n\n<p>It involved &#8216;humiliating, insulting and grindingly repetitive jokes, often based on his mixed race,&#8217; said Mr Hough.<\/p>\n\n\n\n<p>Among others, he was compared to Bill Cosby&#8217;s Dr Huxtable character from The Cosby Show, Gary Coleman from 80s sitcom Diff&#8217;rent Strokes and British-Cypriot dance duo Stavros Flatley, from Britain&#8217;s Got Talent.<\/p>\n\n\n\n<p>Some of the mockery occurred in cartoon posters, depicting him as Nick Nack and Stavros Flatley, which were pinned on a notice board in the base, he said.<\/p>\n\n\n\n<p>&#8216;The only common characteristic is race and ethnic origin,&#8217; said Mr Hough.<\/p>\n\n\n\n<p>&#8216;The only link to Mr De Kretser is because he is of mixed race. Mocking people in posters in public places because of their mixed race is not acceptable.&#8217;<\/p>\n\n\n\n<p>He showed comrades a family tree which showed he had Dutch Berger ancestry, but another soldier alleged told him: &#8216;There must be some sort of c**n in your family to be the colour you are&#8230;.F**k off trying to tell me that you&#8217;re white,&#8217; the court heard.<\/p>\n\n\n\n<p>The MoD fiercely denies that incident occurred and denies there was any &#8216;aggressive or vindictive name-calling&#8217; in the unit.<\/p>\n\n\n\n<p>Sgt Kevin McHenry, who admitted putting up the Nick Nack and Stavros Flatley posters and who referred to Mr De Kretser as Dr Huxtable, considered he was his best friend.<\/p>\n\n\n\n<p>The posters were &#8216;good-natured and formed part of an overall context of camaraderie and banter,&#8217; while the Dr Huxtable reference came from Mr De Kretser first, said MoD barrister, Niazi Fetto.<\/p>\n\n\n\n<figure class=\"wp-block-image\"><img decoding=\"async\" src=\"https:\/\/i.dailymail.co.uk\/1s\/2019\/11\/06\/13\/20670642-7655973-He-a-88_1573045540231.jpg\" alt=\"He says the incidents happened while he was at the\u00a07th Infantry Brigade base in Norfolk\"\/><\/figure>\n\n\n\n<p>He says the incidents happened while he was at the&nbsp;7th Infantry Brigade base in Norfolk<\/p>\n\n\n\n<p>MoD lawyer Mr Fetto added: &#8216;Mr De Kretser paints a picture of a group of men who singled him out for different, adverse treatment.<\/p>\n\n\n\n<p>&#8216;The reality was the opposite: he was welcomed and included by the unit, within which a degree of banter and badinage was the norm.&#8217;<\/p>\n\n\n\n<p>He claimed: &#8216;He was, moreover, an initiator of such banter and badinage and actively engaged in name-calling and the use of salty language.<\/p>\n\n\n\n<p>&#8216;He did not display sensitivity to such behaviour, but rather ease and comfort with it. On occasions, he took it too far.&#8217;<\/p>\n\n\n\n<p>He continued: &#8216;There was no racial aspect or motivation to his colleagues&#8217; dealings with him.&#8217;<\/p>\n\n\n\n<p>Mr De Kretser&#8217;s High Court compensation claim includes claims for lost earnings and the loss of his military pension. He claims he would otherwise have continued in the forces.<\/p>\n\n\n\n<p>The case continues.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Courtesy\u00a0 RICHARD SPILLETT FOR MAILONLINE Former TA reservist launches High Court claim over alleged racist taunts His lawyer tells court that comrades acted as if &#8216;it was 20 or 30 years ago&#8217; Army vehemently denies racism in its ranks, saying the comments were &#8216;banter&#8217; The issue is set to be decided by a High Court [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"closed","sticky":true,"template":"","format":"standard","meta":{"footnotes":""},"categories":[10],"tags":[],"class_list":["post-94855","post","type-post","status-publish","format-standard","hentry","category-world"],"_links":{"self":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/94855","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/comments?post=94855"}],"version-history":[{"count":0,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/posts\/94855\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/media?parent=94855"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/categories?post=94855"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.lankaweb.com\/news\/items\/wp-json\/wp\/v2\/tags?post=94855"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}