An offshore mechanic has become the first person to be convicted under new hate crime legislation in Aberdeen – for telling a police officer with an English accent to go back to his own country.
The Hate Crime and Public Order (Scotland) Act 2021 officially came into force on April 1 this year.
And it took Jay Rothnie just over a week to fall foul of the new law, designed to “tackle the harm caused by hatred and prejudice”.
The 26-year-old clashed with cops at Grosvenor Casino in the early hours of the morning when he made the offensive comment towards the officer.
A spokeswoman for the Crown Office and Procurator Fiscal Service confirmed the case is thought to be the first such conviction in Aberdeen.
‘Police officer had English accent and he made a poorly judged comment’
Fiscal depute Emma Petersen told Aberdeen Sheriff Court police were called to the city centre casino at 5am on 10 April due to an “ongoing disturbance”.
When officers arrived, those involved separated and dispersed, apart from Rothnie who remained and began to argue with the police.
One officer tried to engage with Rothnie, who responded by saying: “Where are you from? Go back to your own country.”
Rothnie was arrested over the comment but, as attempts were made to apply handcuffs, he began to tense his body and struggle before being restrained on the ground.
In the police van, Rothnie repeatedly asked why he was under arrest and, when told it was for a hate crime, stated it wasn’t a crime.
Rothnie, of Linksfield Place, Aberdeen, pled guilty to a breach of the new hate crime legislation by acting in a manner which was racially aggravated and which caused, or was intended to cause, alarm or distress.
He also admitted resisting, obstructing or hindering police.
‘Unfortunately he allowed matters to go far too far’
Defence agent Ian Woodward-Nutt said his client, when onshore, split his time between assisting with his young family and caring for his mother.
The solicitor said: “On the night in question, Mr Rothnie had been socialising with his younger brother in the city centre and – predictably – far too much alcohol was consumed.
“Mr Rothnie became aware that his younger brother was the subject of an assault by a group of youths.
“Mr Rothnie exited the locus and intervened and eventually the group of youths ran off as the police arrived.”
Mr Woodward-Nutt said Rothnie was “urging the police to intervene and investigate the attack on his brother”, who had been left with facial injuries.
The lawyer continued: “He described the police as being uninterested in following that route.
“It’s a situation where he was remonstrating with the police and unfortunately he allowed matters to go far too far – no doubt influenced by over-consumption of alcohol.
“He made the comment motivated by prejudice towards nationality – not any other factor.
“The police officer had an English accent and he made a poorly judged comment which he now regrets.”
Sheriff Lesley Johnston told Rothnie: “Regardless of what was going on at the time, you ought not to have made the comment you made and behaved in the manner you did.”
She admonished Rothnie over the hate crime offence but fined him £520 over resisting, obstructing or hindering the police.
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