A racist who threw stones at an Indian takeaway owner and smashed his window has been ordered to pay his victim £600 for the damage and fear caused.
Sean McNamara, 25, was “angry and frustrated” following a family fallout when he started hurling abuse at the owner of Sunset Takeaway in Keith and smashed one of its windows.
Fiscal depute Victoria Silver told Elgin Sheriff Court the incident happened at 6.45pm on September 2 last year outside the Mid Street takeaway.
The business owner was working in the kitchen when he heard a loud smashing and banging out the back of the property.
Threw stones and hurled abuse
“He went out the back onto the lane and saw the accused walking towards him and repeatedly calling him a ‘P*** b******’ before the complainer even said a word to him,” the fiscal said.
“When the complainer turned and walked away towards his store, the accused then picked up some stones and was throwing them at him.”
McNamara’s victim returned inside and checked that his son had called the police and when he returned outside he saw a number of other people moving McNamara away from the takeaway.
CCTV footage caught McNamara breaking the window, throwing items and waving his arms around.
It was that video footage which ultimately led to McNamara’s belated guilty plea as he had “no recollection” of the incident otherwise.
Defence agent Matthew O’Neill said: “It was awful behaviour. He had been out with friends and family, alcohol had been consumed and, unfortunately, a disagreement took place between him and his father.
“He walked away from that situation but must have still been quite frustrated and struck out at the window pane.
“The owner has come out to remonstrate with him and before anything was said he acted out in a manner he regrets.”
‘He can pay for his own stupidity’
McNamara admitted wilfully or recklessly destroying another’s property and behaving in a racially aggravated threatening or abusive manner.
His solicitor added that he now knows that “him and alcohol do not mix” and he’s abstained from drinking since seeking help last October, gaining a full-time job and learning of his fiancee’s pregnancy.
Sheriff Ian Cruickshank was told the cost of the damage was estimated at £200 but he deemed the father-to-be, who works full time, should also pay for the fear and alarm he caused his victim.
McNamara, of Cameron Drive, Keith, was ordered to pay compensation of £600 and placed on a 15-month supervision order.
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