A RACIST has failed in his bid to overturn his conviction for racist behaviour towards a council employee.

Simon Guy Sheppard, 60, likened Africans to rubbish, York Crown Court heard.

In undisputed evidence, the court heard that he went into Access Centre in Market Cross, Selby, on May 27.

He lent over the counter, put his forearm on it and told the council employee on the other side: "There is a problem with fly-tipping down the street and it is the council doing it."

When asked for further details, he told her, with other members of the public within earshot: "They are dumping Africans all over."

Sheppard, of Cockret Court, Cockret Road, Selby, who has served a three year and ten month sentence for inciting racial hatred was convicted at York Magistrates Court of racist abuse.

He appealed against the conviction on the grounds the council officer should not have been alarmed by the words, and the words were not racist.

But Recorder Caroline Wigins sitting with two magistrates rejected both arguments.

Sheppard did not appeal against his sentence. He was fined £200 and ordered to pay a £30 statutory surcharge and £85 prosecution costs by district judge Adrian Lower following his trial.

The crown court added to his bill by ordering him to meet the £620 prosecution costs of the appeal.

The jail sentence was imposed following his conviction in 2008 and 2009 in a landmark case at Leeds Crown Court on 16 counts of possessing, publishing and distributing racist literature.