Slur against disabled led to racist assault by customer, court hears

AFife businessman told a shop worker to “go back to his own country” before punching him. Edward Irvine, 35, claimed to have lost his temper because the worker used a disablist slur against an autistic child in his presence.

He had been drinking prior to going to the Costcutter store in Kelty.

Depute fiscal Lee-Anne Hannan told Dunfermline Sheriff Court: “At around 8.30pm Mr Siddique and three other employees were engaged in carrying out their duties.

“Mr Siddique was at the till and was aware of Mr Irvine.

“He was loud and singing and Mr Siddique could tell he was under the influence.

“Mr Irvine joined the queue behind a female.

“Mr Siddique could hear him making inappropriate remarks towards her.

“He could see that the female was getting uncomfortable and asked the accused to calm down.

“He served Mr Irvine, who was getting louder.

“He told him to calm down or he would not serve him.”

Ms Hannan said Irvine had reacted badly to this, demanding he be served and uttering racist remarks towards Mr Siddique.

She said: “Two employees who were at the back of the shop could hear Mr Irvine shouting at the front of the store.

“Mr Siddique called the police and whilst he was on the phone Mr Irvine continued to shout and swear and make racist comments.

“He was getting close to Mr Siddique, who was still at the till, and tried to grab the phone from him.

“He went to the side of the till and attempted to open the door.

“He continued to shout and swear and told Mr Siddique to go back to his own country.

“He took some baskets and threw them at Mr Siddique, which hit him.”

She said Irvine had then picked up a metal unit within the store as if to throw it but put it back down before grabbing Mr Siddique by the face and punching him.

Irvine’s defence solicitor said the incident was out of character for his client.

He said: “He uses this shop regularly – Mr Siddique knows Mr Irvine and his family.

“This had been a family outing... he had been drinking and was in high spirits.

“The child had kicked out at something in the shop and Mr Siddique took exception to that and said to Mr Irvine: ‘Take that retard from the shop’.

“It was this remark directed at the child which angered Mr Irvine.”

Irvine, of Cartmore Estste, Lochgelly, admitted behaving in a racially aggravated manner towards Mohammed Siddique on July 11 last year.

He further admitted assaulting Mr Siddique.

Sheriff James MacDonald ordered Irvine to carry out 135 hours of unpaid work in the community.

RACIST RANT: Edward Irvine claimed to have lost his temper because the worker used a disablist slur against an autistic child in his presence.