A BURNLEY councillor today refused to quit despite having convictions for racially abusing a group of Asian men, assaulting his wife and football related violence.

Party leaders across the political spectrum in Burnley demanded Brian Turner stand down following his latest appearance before the courts.

But Turner vowed to continue in office after he was spared jail by magistrates for his latest offence and today protested his innocence.

Turner, 43, British National Party member for Cliviger with Worsthorne was yesterday given a maximum 300 hours' unpaid community order and a four- month curfew.

He was found guilty of racially aggravated public order offence in November by magistrates following a trial last month.

Manchester Magistrates Court gave the defendant a three year football banning order last September for a public order offence.

In the same month he was also given 100 hours unpaid work for common assault and police assault after he was convicted of beating up his now estranged wife Melanie Turner in front of their children.

However, today Turner said he would not step down as a councillor.

He said: "I have not done anything wrong, I have been found guilty of something I did not do and I am going to carry on as a councillor."

Burnley magistrates were told police were trying to restore order following a number of fights in the Hammerton Street area in the early hours of November 20 when Turner shouted BNP' at a group of Asian men.

As police were escorting the men from the area, Turner was said to have told the group: "Get back to your own country."

Sentencing, chairman Alan Preston said the court had considered prison because of the seriousness of the offence.

And he criticised Turner for showing no remorse and for "shirking his responsibility" to the community.

Mr Preston said: "I would remind everyone, large fires start from small sparks.

"Fortunately that was not the case with this incident, although many of us can remember a few years ago what happened in Oldham, Bradford and in Burnley.

"We would not wish to encounter that again.

"We do feel that as an elected representative of the community you have a responsibility which you clearly have shirked on this occasion. I expect your constituents will take this into account."

Turner, a self-employed painter and decorator of Athletic Street, was elected as a councillor in May 2003.

Andrew Robinson, prosecuting, told the court the situation was very volatile following the disturbances and Turner was laughing as the Asian men were being led away.

Mr Robinson said several fights were broken up, the situation was extremely volatile and tensions were running high.

Officers were trying to restore calm and Turner was laughing as they escorted some Asian men away, he said.

Mr Robinson said Manchester Magistrates Court gave the defendant a three-year football banning order last September for a public order offence.

He added in the same month he was also given 100 hours unpaid work for common assault and police assault and committed the latest offence two months after.

Jasmine Basnyet, defending, said Turner, a hard-working, family man, was arrested for saying a few words, not a sustained attack and there were no injuries.

He did not accept responsibility, but would abide by any order the court made.

Turner was not a prolific offender and completed his last unpaid work order very quickly, he said.

Miss Basnyet said Turner had had the thought of custody hanging over his head for three weeks.

It had been an emotional and difficult time and he had not been coping very well.

His 20-year-old son had recently been sectioned after suffering paranoid psychosis and the defendant had done his utmost to support him so that he could be rehabilitated and go back to work with him.

Turner was separated from his wife, was his son's main carer and was concerned about the impact of any jail term on his son.

Miss Basnyet said Turner's aim as a councillor was to try and improve the lives of the residents of Cliviger.

After the case, council leader Gordon Birtwistle said he was shocked Coun Turner was not jailed.

He said: "Its time for him to go there's no doubt about it.

"This is the second time he has been taken to court and I am surprised he did not get sent down.

"I do not think he is a fit and proper person to represent the people of Cliviger and Worsthorne and he should step down.

"If he was a member of our party he would have been long gone."

Conservative leader Coun Peter Doyle added: "I would expect him to resign.

"Anybody on the other major parties would have resigned with such a history of offences."

Under the law, councillors must resign their position if sentenced to jail for more than three months.

David Wilcock, Burnley Council's head of legal and personnel, said: "The council has no comment to make on Coun Turner's conviction and sentencing.

"The level of sentencing that Coun Turner received was lower than the threshold set under the Local Government Act 1972 which says that any councillor sentenced to three months or more imprisonment is automatically disqualified from holding office.

"Therefore Coun Turner remains a councillor."