A JUDGE has decided that the case against a former Worcester City footballer accused of posting a racist tweet on Armistice Day should continue despite defence claims that it would be unfair.

District judge Joti Bopa-Rai ruled yesterday that Lee Smith’s case had not been prejudiced by publicity of the fact that police initially said he would not be charged.

Eight hours later the decision was reversed and the decision to prosecute after all was made.

Smith, whose contract at Worcester was not renewed at the end of the season, denies tweeting that illegal immigrants “should be killed” on Armistice Day last year.

Midfielder Smith, aged 28, of Arreton Avenue, Gloucester, appeared at Stroud Magistrates Court yesterday charged with writing racially aggravated words likely to cause harassment, alarm or distress to the public.

The footballer, who previously played for Gloucester City and Forest Green Rovers, has always denied any wrong-doing and later apologised for any offence given at the time.

He made the comments on his now deleted Twitter social media account, sparking an online row with some branding him a racist – a claim he has denied.

On November 11, 2011, he allegedly posted “Respect to all the heroes 11/11/11 now to all the illegal *****, **** off out of are country all call of duty could become a reality – kill um.”

Smith later said he had “not meant to offend anyone.” At the time of the tweet, police gave him a stern warning but said there would be “no further action”.

However, eight hours later, this decision was reviewed by Gloucestershire Police and the Crown Prosecution Service, and it was decided to summons him to court to face a criminal charge.

Judge Bopa-Rai agreed that Smith had been given an unequivocal promise that he would not be prosecuted, but ruled his chance of a fair trial had not been prejudiced. The case was adjourned for trial at Cheltenham Magistrates Court on Wednesday, July 4.