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Jail for drunk man who hurled abuse at children who wouldn’t let him play football with them

Lewis Smith hurled abuse at those passing by him near Elgin High Street.
Lewis Smith hurled abuse at those passing by him near Elgin High Street.

A drunk man who hurled sexually explicit abuse at two children has been jailed.

Lewis Smith approached the youngsters, who were playing football in Elgin, and asked them for money and if he could join their kickabout.

When they declined, he became aggressive and made a sexually explicit comment about one of their mums.

The 30-year-old also called a passing Indian couple a racist term, Elgin Sheriff Court was told.

Fiscal depute Naomi Duffy-Welsh said Smith approached the pair in the lane between Natural Spice takeaway and Elgin Playhouse as they played at around 6pm on December 18 last year.

Made reference to sex acts

“Two men, including the accused, approached them and tried to join in,” she said. “It was clear they were under the influence at the time.

“The accused then repeatedly asked the witnesses for money for a bus fare. He became more aggressive when the request was rescinded. They were alarmed.

“He thereafter saw an Indian couple and asked them for money and they too refused.”

It was then he made the racist comment.

Smith hurled racist abuse up a lane next to Joanna’s nightclub at the Playhouse in Elgin.

The court also heard how on an earlier occasion, on March 19 last year, Smith made menacing comments to a housing officer at Moray Council.

“He called the switchboard and identified himself to the officer and requested to be moved to a homeless unit because he was having issues with his mum,” the fiscal added.

“When she told him that was not going to be possible, he stated he would burn the house down and harm anybody that attended at his address.

“She reported this to police and officers attended. He was traced within and made reference to harming people.”

Smith was also sentenced for being in possession of Class A drug cocaine and Class C drug Etizolam, worth £200, in Fairfield Road, Inverness, on December 5, 2019.

Admitted a host of charges

Smith, who appeared from custody, admitted two charges of threatening or abusive behaviour, two more of drug possession, one of sending an offensive and threatening message and two further charges of breaching his bail conditions.

Defence agent Matthew O’Neill said his client had led a “chaotic life” and was no stranger to the court.

“He had a fairly chaotic lifestyle at the time and that has been the case for a number of years,” the solicitor said.

“That’s the reason why when speaking with the author of the background report he is simply unable to recall much of the background to these offences.

“He was under the influence of alcohol, or drugs, or both at the time.”

Elgin Sheriff Court.

He added that Smith had “struggled with day-to-day life” from a young age, meaning his education, relationships and support system has suffered as a result.

Sheriff Gordon Fleetwood told Smith, a prisoner of HMP Inverness, a custodial sentence was the only appropriate disposal given the history and seriousness of his offending.

Smith, formerly of Bain Road, Elgin, was jailed for four months, backdated to his remand date of June this year.

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