05 January 2024 , 14:52
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The man who punched The Vivienne in a homophobic attack received a suspended prison sentence at Liverpool Magistrates’ Court today after being found guilty of the assault last month.
Alan Whitfield, 51, admitted to assaulting RuPaul's Drag Race winner James Lee Williams, who performs as The Vivienne, but denied it was motivated by homophobia during his trial last year. He claimed he was having "banter" with the Dancing On Ice star because he thought he looked like an Oompa Loompa from Charlie And The Chocolate Factory.
Sentencing Whitfield today, District Judge Paul Healey told him: "Your behaviour was really appalling. The most serious aggravating feature of the offence is the fact that it was motivated by hostility to the victim because of their sexual orientation.”
The judge also noted the assault took place at about noon in an enclosed public area in the presence of children, who had to be moved out of harm’s way.
The Vivienne was punched in the face inside a McDonald's restaurant in June (Merseyside Police)He said he stepped back from imposing immediate custody because of the defendant’s lack of recent and relevant convictions and the impact on his mother, who has severe health difficulties and relies on Whitfield as her primary carer.
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Whitfield received a 12-week jail term, suspended for 18 months, and must abide by a two-year restraining order banning any contact with Mr Williams.
During a trial at Liverpool Magistrates' Court, Mr Williams said he had been subjected to a "barrage of abuse" from Whitfield. Recalling the incident, The Vivienne said: "He carried on, then after the fourth 'look at the state of you' I said 'look at the state of you', I said 'look at the state of your face', to which he said 'I've got skin cancer' and then punched me straight in the face."
Williams, who moved to Liverpool as a teenager, shared his experience of the day he was attacked. He said: "There were countless other people in the branch of McDonald's that day, why didn't he start on anyone else? Why did he choose to publicly humiliate me and then hit me, if it wasn't for my image or me being quite evidently gay?"
The court heard the 999 call Williams made after the attack, where he stated: "He obviously knew I was gay, it doesn't take a rocket scientist." However, Whitfield, a scaffolder at the time, claimed he noticed Williams because of his green hair. Whitfield told the court he asked Williams: "What have you come as, an Oompa Loompa?" He explained to the magistrates what an Oompa Loompa was and insisted his comments were just "banter". He also claimed he didn't know Williams was gay or notice his handbag.
Whitfield admitted to hitting Williams after he pointed out skin cancer marks on his face. He said: "I was very hurt, very very angry." In response, Williams admitted to pointing out Whitfield's skin cancer marks and saying: "Made up for you." The Drag Race UK winner added: "For that I truly apologise, that must have hurt, that was never intended."
The Vivienne is best known for winning the first season of RuPaul's Drag Race UK in 2019 (Getty Images)Richard Derby, defending Whitfield, suggested that Williams had pointed at Whitfield's face from just inches away. Williams hit back: "I don't know how you measure inches, darling, but I'd say two feet." The Scouse star then shared with the court how he realised the impact of the attack later on when he was alone at a train station. He said: "It was the first time in my life I had ever shied away from any situation. I found myself hiding at the end of the platform away from the view of the public."
After retiring to deliberate, chairman of the bench Anthony Canning said on 4 December: "We find that the defendant's evidence was not credible. Having considered this incident from beginning to end, we believe beyond reasonable doubt that the hostility shown by yourself from the outset was motivated and down to the perceived sexuality of the complainant and this was homophobic in nature."
Leaving the courtroom last month, Whitfield exclaimed: "Joke. Bull****. Where's the hate crime for my cancer?" Following the trial, top prosecutor Emily Lloyd stated: "The finding that the offence was a hate crime enables the court to increase the sentence against Mr Whitfield to reflect this fact. We would not have been able to prosecute this offence without the courage of the victim making a statement and coming to court to give evidence."