A BURNLEY FC player accused of gesticulating at rival fans and assaulting a police sergeant turned down the chance of a police caution so he could prove his innocence in court, magistrates have been told.

And during the second day of a hearing into allegations made against defender Wayne Thomas, 26, magistrates ordered one of the charges be dismissed.

The Cheshire-based soccer player had been accused of using threatening, abusive or insulting words or behaviour, or disorderly behaviour likely to cause harassment, alarm or distress. The bench ordered that charge to be dismissed.

It had been claimed in court that he had gesticulated with his middle finger at the crowd from the dugout.

But asked about the allegation in court, Thomas said: "Never would I consider doing that in the presence of children."

And the former Stoke player denied assaulting Sergeant John D'Arcy at the end of the game.

He said though he may have sworn at the officer, he only pulled his arm away from him and did not make any contact with him.

Thomas told Bexley magistrates that during the match, which Stoke won 1-0, he had been engaging in friendly banter with a young boy who was there with his father.

Thomas said he was doing an "easy, easy" chant, popularised on TV.

Thomas said he had clapped his hands twice above his head, saying "easy, easy", then pointing at the boy, saying: "You shut up."

Thomas said: "He was laughing and joking and doing it back to me."

At the end of the match, Thomas was making his way towards the tunnel when he noticed a couple of people coming towards the edge of the dugout.

One of them shouted a sexual insult about his mother, but he responded by holding up his hands in a one and a zero to show the score.

As he went into the tunnel, he met Sergeant D'Arcy, who ushered him along, saying: "Come on, you're going."

"I said 'What do you mean, I'm going?'.

"He said 'I've had enough of you, you're going'.

"I said 'I'm a player, don't touch me, I'm going in here'. I pulled my arm away from him."

He said he may have sworn at him, but he said he did not make contact with him.

"I made sure everything was away from the officer, because I know if you do touch a police officer, you can be arrested for assault."

Thomas said he had been offered a caution by police at his second interview.

But he added: "I'm here to prove my innocence and I've nothing to hide, and none of these events took place."

Prosecutor Patrick Moran, asked about his reaction to the "vile" comment about his mother, and Thomas said: "As a professional footballer, you are in the spotlight, it's water off a duck's back."

The case was adjourned until February 13.

Thomas denies the remaining charge against him, that of police assault.