A student from Oxford University who labelled a police horse as “gay” will not be prosecuted.

Sam Brown, originally from Belfast, approached a mounted police officer during a night out with friends in Oxford and said: “Excuse me, do you realise your horse is gay?”

Following the comments, police backup arrived in two squad cars and arrested Mr Brown under the Public Order Act for making homophobic remarks likely to cause harassment, alarm or distress.

Mr Brown spent a night in the cells but refused to pay an £80 fixed penalty fine, so police took him to court.

However the Crown Prosecution Service decided on Thursday to drop the case as they claim: “is not enough evidence to prove it [Mr Brown's behaviour] was disorderly.”

A spokesman for Thames Valley Police said: “He made homophobic comments that were deemed offensive to people passing by.”

Mr Brown said yesterday: “Part of me wanted to see this go to court so the police could put their argument. I can’t complain because in my last three weeks of university I was bought countless drinks after everyone heard about it.”

Domain names<