A TRAIN passenger who hurled racial abuse at a rail employee has escaped jail on condition that he gets psychiatric treatment.

Catering supervisor Husyin Yavuz tried to ensure Mark Lawrence didn't get into trouble for not paying his fare from Leeds to York, Geraldine Kelly, prosecuting, told York Crown Court.

But the 44-year-old morning passenger responded with more than a minute of swearwords, threats and racial insults, some of which he repeated to police at York Railway Station.

Lawrence, of Phoenix Boulevard, off Leeman Road, York, pleaded guilty to racial abuse.

"In the ordinary way you would have to serve a sentence of custody for this," the Honorary Recorder of York, Judge Paul Hoffman, told him. "But I recognise that at the time of committing this offence, you were mentally ill."

He ordered him to undertake three years' community rehabilitation, with a condition that he undergo psychiatric treatment. He also warned him off alcohol, saying that Lawrence was "dangerous" when in drink.

Miss Kelly said that the incident began after Lawrence boarded the 9am Transpennine Express at Leeds for York on October 5 and tried to buy two bottles of whisky. He also asked how much his fare was and appeared to have only £10.

Mr Yavuz suggested he buy only one bottle so he still had enough money to pay his fare.

For Lawrence, Diane Dixon said he was on anti-psychotic drugs and would take restabilising drugs for life.

Updated: 10:09 Saturday, April 12, 2003