Sheriff Court digest 10-12

Racial abuse to pub doorman

A drunken man was racially abusive to a pub doorman after a Christmas night out.

Colin Brown was caught on CCTV repeatedly trying to push past the man, as he tried to get in to Wetherspoons in Galashiels.

The 27-year-old had gone there following a work Christmas party at Selkirk rugby club.

Brown, a farm worker, who lives at Smeaton Shaw Farm Cottages, Dalkeith, admitted threatening or abusive behaviour at Wetherspoons, Hunters Hall, Galashiels, on December 5, repeatedly attempting to push past staff, shouting and swearing, and making racially abusive comments.

The court heard how Brown, who appeared from custody, was a farm worker in Dalkeith.

“He was at Selkirk RFC for a work Christmas party on Saturday, and moved on to Galashiels where at about 9pm, he tried to get in to Wetherspoons,” explained procurator fiscal Graham Fraser.

“He was told by the door steward, who is an Asian gentleman, that he was not getting in, because of the state he was in,” continued Mr Fraser.

“He demanded to be let in, and pushed his way inside, before being escorted back out.”

Mr Fraser said Brown tried to get back in again and was forcibly taken back out.

“He made another effort to rush him, which didn’t work,” added Mr Fraser.

Police were contacted, and Brown began to shout and swear at the doorman, using racially abusive language.

“This was all caught on CCTV, and he was taken into custody,” concluded Mr Fraser.

Defence solicitor Ray Megson said his client, a first offender, was “the author of his own misfortune.

“He had been on a day out in Selkirk at the rugby club, but the rugby was cancelled, and he started drinking around noon.

“He has very little recollection and is genuinely remorseful,” he added.

Sheriff Derrick McIntyre fined Brown £300.

“You have no previous convictions, and I trust you have learned your lesson, and that this was a one off,” he told the accused.

Angry woman damaged bike

An angry woman kicked over her former partner’s motor cycle after an argument.

Kayleigh Davidson also swiped ornaments in the house, before going outside and kicking the bike.

The 29-year-old part-time cleaner, of Orchard Park, Kelso, admitted threatening or abusive behaviour at a house at Aster Court, Galashiels, on November 7, shouting and swearing, kicking over and causing damage to a motor cycle and a wall.

Procurator fiscal Graham Fraser said the accused had been in a relationship with the complainer for about a year, and they had split up just shortly before the incident.

“She was upset about that,” he added.

Davidson was described as “initially calm” at her ex-boyfriend’s home, but “lost the place.

“She swiped various ornaments, and the door was locked behind her,” explained Mr Fraser, “so she kicked the motor bike outside, causing damage to the vehicle and the wall, shouting f... you.”

He said Davidson then sent several text messages apologising for her outburst and offering to pay for the damage.

Defence solicitor Ed Hulme said his client had gone to the house to collect some belongings.

“Things became heated and she lost her temper, as she thought he was smirking at her,” he explained.

The first offender was ordered to pay £150 compensation to Scottish Borders Council for the damage caused to the wall.

Drunken man shouted at wife

A drunken man came home from a party, woke his wife, and began shouting at her.

Kevin Walker, 29, of Haymons Cove, Eyemouth, appeared from custody, and admitted threatening or abusive behaviour, shouting and screaming, and struggling violently with police, at his home on December 6.

“This was the aftermath of another works night out,” explained procurator fiscal Graham Fraser.

He said the couple had been in a relationship for some 15 years, and had married three years ago.

“The accused works as a carer and had been out in Berwick on Saturday night,” said Mr Fraser.

“He got home around 3am on Sunday morning, woke his wife, who was in bed, and began to shout at her.

“She tried to ignore him, but he leant over her, sat astride her, and told her she would have to learn to shut her mouth,” continued Mr Fraser.

“He got off, and she went downstairs, but he came down too and continued to shout at her.”

After some 45 minutes, the woman dialled 999 and police attended.

“He continued to shout, and she was scared by that, and was visibly upset and shaking,” said Mr Fraser.

Walker was detained, but prevented officers from putting on handcuffs, and had to be put to the ground.

Solicitor Ray Megson said “drink played a huge part” in his client’s behaviour.

“It was an argument which got out of control,” he explained.

“She suffered no injury, and he had a bad gash on his side, and scratch marks on his chest.”

Mr Megson said Walker was likely to lose his job as a care assistant at Tweedmouth Nursing Home.

Sheriff Derrick McIntyre deferred sentence for six months, until May 30 at Jedburgh Sheriff Court, for Walker to be of good behaviour.

Breached Sexual Order

A Galashiels man admitted breaching a Sexual Offences Prevention Order.

Dean Smith, 27, of Bridge Place, Galashiels, appeared from custody and admitted breaching terms of the Order.

Smith was released on bail, and sentence deferred until December 21.

Melrose benefits fraud

A 53-year-old man has admitted embezzling £1,600 from an 86-year-old woman.

Laurence Galloway of Priorsdene, Melrose, pleaded guilty to the offence by letter.

Galloway admitted, while entrusted to collect the pension and benefits of an 86-year-old woman, embezzling £1,600.80 benefits from her, on various occasions between October 7 and October 24 last year.

The offence, which happened at Melrose GPO and the town’s Buccleuch Street, is said to have been aggravated by prejudice relating to disability.

Sentence was deferred until December 21 for the accused to appear personally.

Continued without plea

A 25-year-old man has been charged with making abusive remarks.

Stuart Gallagher of Sprouston Road, Newtown, is alleged to have behaved in a threatening or abusive manner at Roxburghe Place, Newtown St Boswells, on September 12.

The case was continued without plea until December 21.

Clocked at over 100mph on bike

A Hawick man was caught speeding at 101mph near Groundistone.

Andrew Dodds, 52, of Teinside, Hawick, admitted driving a motor cycle at 101mph in a 60mph limit on the A7 Selkirk to Hawick road at Groundistone on September 27.

Sentence was deferred until December 21 for Dodds to appear personally.

Co-accused James Scott, 30, of Ramsay Road, Hawick, had his case continued without plea until the same date.

Scott is charged with driving a motor cycle without due care and attention.

Homophobic remarks trial

A woman will stand trial, after she denied making homophobic remarks.

Lorraine McDougall, 50, of Calder Grove, Edinburgh, denies making homophobic remarks at the Red Lion pub, Earlston, on August 1/2.

She also denies assaulting a woman by pushing her on the body.

McDougall will stand trial on February 16, with an intermediate diet on January 18.

Dangerous driving denied

A man has denied driving a van dangerously between Earlston and Leadburn.

Ian Burt, 55, of Moat Drive, Edinburgh, denies driving a van dangerously on the A703 Leadburn to Peebles road, between Earlston and Leadburn, on September 16.

He is alleged to have overtaken on a blind bend.

Burt will stand trial on February 16, with an intermediate diet on January 18.

Denies false benefits claim

A Galashiels woman has denied falsely claiming over £6,000 in benefits.

Kataryzna Zyg, 38, of Woodstock Avenue, Galashiels, denies falsely obtaining £6,167.66 housing benefit and £255.02 council tax benefit, between February 2012 and November 2014.

It is alleged she failed to declare an increase in earnings.

Zyg will stand trial on February 16, with an intermediate diet on January 18.