The Courier & Advertiser (Fife Edition)
English lorry driver cleared of racial abuse
Trucker told Scotsman to ‘get back to your own country’–on outskirts of Falkirk
One of Britain’s smallest long distance lorry drivers has been cleared of racially abusing another trucker after a sheriff ruled telling a Scot to get back to his own country when he was plainly already there was too ridiculous to be an offence.
Francis Owens, standing 4ft 8in tall, and fellow lorry driver Malcolm Stewart clashed after Mr Stewart claimed Mr Owens’ artic was blocking his way.
Falkirk Sheriff Court heard that traffic queues developed and the police had to be called to sort the argument out as the pair shouted and swore at each other on the Abbots Road industrial estate in Falkirk.
With tempers raised on both sides, Englishman Owens, 65, eventually “exploded” and told Mr Stewart, 38, described as “local”, to “get back to your own country”.
Conducting his own defence, Owens, a grandfather of seven, from Chipping Camden in The Cotswolds, denied acting in a racially aggravated manner on September 14 last year and said the remark had been “a joke”. He said: “I acted under severe provocation.
“People that know me have actually patted me on the back for lasting so long before exploding.”
Sheriff James Macdonald said: “I think that’s clear from the evidence.”
He found Owens not guilty of the racial offence but guilty of what he called the “significantly less serious” statutory alternative of using threatening and abusive behaviour.
He deferred sentence on Owens for 12 months for him to be of good behaviour.
Giving judgment after summary trial, the sheriff said: “There is no dispute from the accused that he shouted and he swore at Mr Stewart and he accepts he used the phrase “get back to your own country” during their interaction.
“Mr Stewart’s position is that he politely asked the accused to move his lorry to allow his own to enter the yard at the location.
“I must say I found Mr Stewart’s explanation as to the level of politeness in his part to be rather unconvincing.
“The picture I have from the evidence is that Mr Stewart more than interacted in a like manner at the time.
“The accused was right to describe it as a mutual argument between lorry drivers.
“Put shortly, the accused’s position is that, whilst accepting that he acted in the manner I have referred to, he did not intend to act in a racially aggravated manner.
“I accept that he did not explicitly seek to racially abuse the complainer and it was not his intent to do so.
“I am not convinced because, quite simply, of the sheer absurdity of making reference to getting back to one’s own country in the context of taking place in an industrial estate on the outskirts of Falkirk towards a Scottish man with a strong local accent.”
However, he warned him: “You appear as a first offender, in a jurisdiction far from home, in relation to a matter which got completely out of hand at the roadside between two road hauliers who should know better.
“And though you claim that the other party did not conduct himself scrupulously, the bottom line is that you are responsible for your own actions.
“You can probably console yourself that it was probably your own belligerence that allowed this matter to go as far as it did. It was an argument over nothing – and I mean nothing.
“I’d also remind you that these are the sort of things, if they take place while you’re in charge of a heavy goods vehicle, that can come to the attention of the traffic commissioners.
“If they get wind of that you may have to plead your case before them or lose your livelihood.”
After the case, Owens lit a celebratory cigar and claimed victory.
He said: “Vindicated, said Owens of the Bailey – just like Rumpole.”
It was probably yourown belligerence that allowed this matter to go as far as it did. It was an argument over nothing. SHERIFF JAMES MACDONALD TO FRANCIS OWENS