TWO youths who subjected a High Valleyfield takeaway owner to repeated racial abuse found themselves at Dunfermline Sheriff Court last week.

Appearing for sentencing on Wednesday, the youths – aged 16 and 17 – had earlier admitted that between January 1 and 27, while acting with others, they sent messages by means of a phone on a number of occasions to the man which were grossly offensive or of an indecent, obscene or menacing character by calling him racially abusive names.

They also, while acting with others, acted in a racially aggravated manner which caused, or was intended to cause, alarm and distress by repeatedly attending at the Tasty Bite Indian takeaway, pulling down shop shutters and making repeated phone calls and calling the man racially abusive names.

Depute fiscal Claire Bremner said between January 1 and 22, the takeaway owner began to receive a large number of calls to the landline and the mobile number of the shop.

The calls were coming from a withheld number and most were coming from a male caller who would shout racial abuse and swear at him. 
While this was ongoing, there were also problems with local youths causing a nuisance outside the shop.

Police were contacted and, after carrying out enquiries, the two youths were traced.

During a police interview, one admitted making the calls but said he had been provoked as he had been called names by the shop owner. 

The other said he did it because he thought it was funny.

Defence solicitor Ian Beatson, who represented one of the youths, said his client was 16 and was immature. He said the takeaway owner would refer to his client “in derogatory terms and make rude remarks about his weight” and had banned him from his shop.

He said his client began to make the nuisance calls but said he was not a racist.

These comments, however, were blasted by Sheriff Craig McSherry who retorted: “Mr Beatson, your client is clearly racist.”

Mr Beatson added: “He appreciates he has been stupid about this matter and accepts responsibility for his actions.”

Defence solicitor Rosni Joshi said her 17 year-old client’s position was “he got wrapped up in things”.

She told the court: “It is a series of incidents that a number of youths were involved in. At the time, he considered it to be a bit of fun. Clearly that attitude stems from a lack of understanding and his level of maturity.

“He appears to have made a concerted effort to distance himself from the negative peer group identified as a risk factor.”

Sheriff McSherry sentenced each of the youths to a community payback order with the requirement to carry out 180 hours of unpaid work within nine months and a supervision element of 18 months.

He rejected a motion by the Crown for forfeiture of their mobile phones.

“I hope this experience is enough for you,” he told them. “If either of you come back in from of me with similar offences libelled of causing harassment and sheer nuisance to someone doing his best to carry out his business in your community, I will have no hesitation in imposing a custodial sentence.”