A racist who threw stones at an Indian takeaway owner and smashed his window has been told he should “pay for his own stupidity”.
Sean McNamara, 25, could be ordered to repay his victim for the damage he caused at Sunset Takeaway in Keith after his appearance at Elgin Sheriff Court.
Fiscal depute Victoria Silver said the incident happened at 6.45pm on September 2 last year outside the Mid Street takeaway.
The Indian eatery’s owner was working in the kitchen when he heard a loud smashing and banging out the back of his business.
Threw stones and hurled abuse
“He went out the back onto the lane and saw the accused walking towards him and repeatedly calling him a ‘p*** b******’ before the complainer even said a word to him,” the fiscal said.
“When the complainer turned and walked away towards his store, the accused then picked up some stones and was throwing them at him.”
McNamara’s victim returned inside and checked that his son had called the police and when he returned outside he saw a number of other people moving McNamara away from the takeaway.
CCTV footage caught McNamara breaking the window, throwing items and waving his arms around.
It was that video footage which ultimately led to McNamara’s belated guilty plea as he had “no recollection” of the incident otherwise.
Defence agent Matthew O’Neill said: “It was awful behaviour. He had been out with friends and family, alcohol had been consumed and, unfortunately, a disagreement took place between him and his father.
“He walked away from that situation but must have still been quite frustrated and struck out at the window pane.
“The owner has come out to remonstrate with him and before anything was said he acted out in a manner he regrets.”
‘He can pay for his own stupidity’
McNamara admitted wilfully or recklessly destroying another’s property and behaving in a racially aggravated threatening or abusive manner.
His solicitor added that he now knows that “him and alcohol do not mix” and he’s abstained from drinking since seeking help last October, gaining a full-time job and learning of his fiancee’s pregnancy.
Sheriff Gordon Fleetwood asked the Crown find out the cost of the damage so that the takeaway owner can be compensated.
“There’s no reason Mr McNamara cannot pay for his own stupidity,” he added.
The sentencing of McNamara, of Cameron Drive, Keith, was deferred until next month.
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