A drunk man called a Nigerian-born security guard a “monkey” and then grabbed the worker by the groin.
Staff at Tesco Metro in Inverness had refused to serve John MacPhee alcohol because of his high level of intoxication.
But when the guard stepped between him and a manager, MacPhee began to make racial comments before assaulting him.
MacPhee appeared at Inverness Sheriff Court for sentencing having previously admitted charges of assault, acting in a racially aggravated manner and threatening or abusive behaviour in relation to the incident on February 24 of this year.
Fiscal depute Sharon Ralph explained that the worker at the Tomnahurich Street store is “of black ethnic origin and born in Nigeria”
She said: “He was employed as a security guard at the Tesco Metro store.
“At 8.25pm on February 24, the accused entered the locus and made his way towards him, asking where the whisky was.”
The fiscal depute said guard went to look for a staff member to help MacPhee, during which time: “The accused was drawing attention to himself due to his high level of intoxication.
“Staff informed him they could not sell him any alcohol due to his being drunk.”
‘Insulting racial comments’
It was at this point that MacPhee began to make aggressive comments, and when the guard stepped between him and a store manager, he began to make “insulting racial comments”.
A witness heard MacPhee calling the man “a monkey” before grabbing him in the groin area in a move described as “a quick touch, grab and let go”.
After this he made more comments about the worker’s skin colour, telling him “he looks nothing like anyone else here” and calling him “black boy”.
He also told the shop staff that they “should be scared of who he is” – telling them his name was MacPhee.
Police were called and arrested and handcuffed MacPhee.
As he was being taken to the police station he told a police officer that he was a “p***” and continued that behaviour through the journey.
‘Three sheets to the wind’
Solicitor Rory Gowans, for MacPhee, a landscaper, said: “By his own admission he was highly intoxicated. Whatever you’re trying to do when you are three sheets to the wind it is not going to end well.
“He acknowledges he was heavily intoxicated and being a nuisance and for that, he wishes to apologise.”
Sheriff Gary Aitken made reference to an excuse given in the presentencing report for MacPhee’s use of the word p*** and said: “It is not to be bandied about, it is not a euphemism for ‘coward’.”
He told MacPhee: “Being drunk is no excuse for behaviour of this kind, it is completely unacceptable – there is no excuse for it.”
MacPhee, of St Valery Avenue, Inverness, was placed on a community payback order with 12 months of supervision and an alcohol treatment requirement.
He must also complete 120 hours of unpaid work in the community.
