A MAN who racially abused and lashed out at customers at a Southampton fast food restaurant walked free from the court.

But moments after magistrates had handed Cezary Posylek a suspended sentence and an £850 fine, immigration enforcement officers arrested him in the courthouse concourse.

Court staff and solicitors watched on as he was placed in hand cuffs and taken to a van parked outside.

When an usher asked where he was going to, an immigration officer replied “back to Poland”.

The 45-year old had appeared at Southampton Magistrates’ court after he threatened one customer at McDonald’s in Shirley High Street by making a gesture threatening to behead him.

The court heard how he had appeared drunk at the fast food chain and had slammed an Easter Egg on a table where three customers were sat.

Prosecutor Samantha Wright, told the court that he then asked if one of them, Abdul Mir, was Muslim to which Mr Mir enquired what if he was.

Miss Wright, then said: “Posylek replied, ‘If you are Muslim...’, he then takes his finger and brushes it across his neck.”

In a statement read by Miss Wright, Mr Mir added that he was “fearful that he was going to be assaulted”.

She added: “He looked full of hate, and the victim was alarmed by his behaviour.”

Posylek walked to the back of the restaurant threw the Easter Egg – which he claimed was a Christian symbol – at the customers which missed and struck the corner wall.

He was then restrained by customers where he lashed out and kicked one of them before police were called to the busy fast food chain.

Posylek had to be dragged from the restaurant while he lashed out and shouted obscenities.

Initially Posylek had pleaded not guilty to three charges – assaulting a police officer, racially or religiously aggravating fear or provocation, and assaulting another victim – but pleaded guilty last week (October 14).

He then failed to appear answer bail on June 12 which he pleaded guilty to.

He was previously given a rehabilitation requirement order in order to help his alcoholism, but he had missed some appointment.

Representing Posylek, Richard Harris admitted his client had a problem with alcohol “which was being addressed positively at the moment”.

Magistrates gave him a total of a 16-week custodial sentence, suspended for 18 months and ordered him to pay a total £850 in costs.

Upon leaving the dock he was surrounded by Immigration Enforcement Officers from the Home Office who detained him.

There was no mention in court that he was going to be detained.

A spokesman from the Home Office said he was being detained because he was not exercising his EU treaty rights - for example not being in work, job-seeking, studying or able to support themselves.

They said: “We are determined to take decisive action against EEA nationals who abuse their stay in the UK, including enforcing their removal.”

When asked why they were taking action against Posylek, the spokesman refused to go into further detail.

Mr Harris said outside court that he was “completely unaware” that his client was going to be arrested.

He added that his client had a problem with alcohol and said that he had previous convictions including for “bladed articles”, but provide further details.