A MAN claiming to have fled paramilitary and abduction threats in Northern Ireland has been jailed for racial aggravation and police assaults in Dunfermline.

Gary Devlin, 24, racially abused a man and challenged him to fight, then abused and attacked police officers by spitting and biting, all on the same day.

Devlin was said to have suffered a brain injury, as well as having post-traumatic stress disorder, attention deficit difficulties and a heroin addiction – but Sheriff Craig McSherry said that “it doesn't give him a licence for behaving in this way”.

Devlin, of 2A St James' Road, Belfast, appeared at Dunfermline Sheriff Court on Wednesday charged with four offences carried out on June 19 last year.
He admitted that at Tesco, Winterthur Lane, he pursued a racially aggravated course of conduct which amounted to harassment of another man, shouted, swore, challenged him to fight and uttered racist remarks at him.

He further admitted that at Campbell Street, he pursued a racially aggravated course of conduct which amounted to harassment of four police constables, shouted, swore and used racially abusive and homophobic language towards them; an offence which was aggravated by prejudice relating to sexual orientation.

Devlin also pleaded guilty to charges that at Dunfermline Police Station, he assaulted a PC, then in the execution of his duty, attempted to butt him on the head and spat on his head; and assaulted another PC, also in the execution of his duty, kicked and bit him on the body, all to his injury.

Solicitor Selina Mackay told the court that Devlin had had a “very traumatic childhood” which included seeing his father killed and had had threats of abduction in Northern Ireland.

She said Devlin had fled paramilitary threats and had a heroin addiction, adding: “He was not on medication while he was here. All of this would have affected his judgment.

“He regrets very much the words he used and appreciates the distress that he caused.”

However, Sheriff McSherry lambasted: “He's appearing in a Scottish court on indictment. The latter two charges are very serious – he's up for police assault.

“He's not suffering from any particular mental illness that prevents me from dealing with this matter as I intend to do.”

The sheriff continued: “He walks into Tesco, picks up a shopping basket and is aware of two males standing nearby.

“He approaches them and asks: 'What f****** drink are you buying me?'

“When spoken to by security, he said: 'I just asked this black c*** what drink he was buying me.'

“He comes over from Northern Ireland and behaves like this in my jurisdiction.

“I take on board what you are saying but it doesn't give him a licence to behave in this way.”

Sheriff McSherry jailed Devlin for 26 months.