Moray man shouted racial abuse at passer-by in Elgin

A MORAY man who shouted racial abuse at a passer-by in Elgin has been ordered to carry out unpaid work.

Elgin Sheriff Court heard that Lewis Smith (30) shouted abuse at the man at around 11.30am on June 17 last year.

Smith, previously of Bain Road Elgin, was heard by a nearby skateboarder shouting, "Don't ******* talk to me, get out of here you black ****" outside the PDSA charity shop on the High Street.

The witness reported the incident to the police and Smith was later arrested after being identified by CCTV.

Fiscal depute Karen Poke told the court that the incident was "completely unprovoked" and that the pair had never met.

Defence solicitor Matthew O'Neill said that Smith had "fallen back into bad habits" and had been under the influence at the time of the incident.

He added that the man was known to Smith but recognised that his actions had been "appalling" and that Smith had taken full responsibility.

However, Sheriff Olga Pasportnikov said that the circumstances of the incident "did not justify the dealings" and that the court would not "tolerate racial abuse regardless of the background".

Smith had also committed the offence while on bail.

O'Neill said that his client is now living in more "stable circumstances" in Lossiemouth and that given his improvement, a community payback order would be appropriate, although he recognised it was Smith's "last chance saloon".

Sheriff Pasportnikov ordered Smith to carry out 160 hours of unpaid work as an alternative to custody with a review in three months' time.