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Courts in Moray: Defendant shouted racist abuse and threw stones


By Ali Morrison

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Elgin Sheriff Court.
Elgin Sheriff Court.

A defendant who broke a takeaway's window and shouted racist abuse will have to pay compensation.

Sean McNamara appeared at Elgin Sheriff Court where he admitted destroying property and acting in an abusive manner in Keith during the course of Friday, September 2 last year.

The court heard that, at about 6.45pm, a witness working in the kitchen of the Sunset takeway on Mid Street heard a loud smash.

On going outside he encountered McNamara walking towards him.

Procurator Fiscal Victoria Silver said: "Before he even said anything, the accused called him a **** *******".

"The accused then picked up some stones from off the ground and began throwing them at him.

"The witness returned inside and asked his son if he'd rung the police.

"His son replied that they'd already been contacted."

CCTV footage of the incident showed McNamara smashing the window then, a short time later, shouting and waving his arms about.

Addressing the court on behalf of his 25-year-old client, defence solicitor Matthew O'Neil said: "Awful behaviour – he doesn't try to shy away from that.

"He had been out with family and friends that day. Alcohol had been consumed. He had a disagreement with a family member.

"He now realises that himself and alcohol do not mix."
Mr O'Neil stated that, following the incident, McNamara had referred himself to Arrows, the Moray-based service that aims to help people with addiction problems.

The solicitor added: "He has made good progress and has abstained from alcohol since."

Sheriff Gordon Fleetwood ordered the case against McNamara, who lives on Cameron Drive, to be adjourned for four weeks to find out how expensive it had been to replace the broken window.

The Sheriff commented: "There's no reason he can't pay for the cost of his stupidity."


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