She could have accepted the behaviour and rejected the aggravating charge and most likely would have got a caution for the former and latter dropped.
Really? CPS policy says:
When deciding whether it is in the public interest to prosecute racially and religiously aggravated crimes, our prosecutors must have regard to the Code for Crown Prosecutors. The Code states that where the offence was motivated by any form of discrimination including against the victim’s ethnic or national origin, or religion or belief, or whether the suspect demonstrated hostility towards the victim based on any of those characteristics, the presence of any such motivation or hostility will mean that it is more likely that a prosecution is required.
and ...
Once a case has been flagged as a hate crime and received by the CPS, it is CPS policy not to remove the flag for any reason other than administrative error. This signals the CPS commitment to treat all such crimes seriously and to accept the victim’s perspective, even where we are unable to identify sufficient evidence to prosecute the case as a hate crime.
www.cps.gov.uk/sites/default/files/documents/publications/racist-religious-hate-crime-statement-2017.pdf
... so I would have thought it unlikely that they'd have dropped the racially aggravated charge unless they thought they had insufficient evidence.
The police operational guidance says A hate crime is any criminal offence which is perceived, by the victim or any other person, to be motivated by a hostility or prejudice based on a person’s race or perceived race (there are similar definitions for some other protected characteristics).
If a hate crime is reported to the police it must be recorded as such and from that point on, from initial police contact with the victim, all the way through to sentencing, special rules apply. Even if the police can find no evidence that an actual crime has been committed in the first place they will still record it as a 'non-crime hate incident' and this will stay on the alleged perpetrator's file.
I'm not commenting on the rights and wrongs of this case or whether or not it was racially motivated. I'm seeking to understand why a verbal attack over boiled eggs on a train was treated so seriously that it ended up in a crown court jury trial.