Man fined for racist re­marks to take­away shop owner

The Galloway News - - COURT CASEBOOK -

A Kirkcud­bright take­away owner was sub­jected to racist abuse by a cus­tomer on Satur­day night.

Ibrahim Diveli was also sworn at by Roy Ben­nett at Meleks Fryer on St Cuth­bert’s Street.

Ben­nett, 54, of Millflats, Kirkcud­bright, was or­dered to pay Mr Diveli £80 in com­pen­sa­tion and told to carry out 60 hours of un­paid work by the sher­iff at Dum­fries.

Ben­nett ad­mit­ted that he con­ducted him­self in a disor­derly man­ner.

In ad­di­tion, out­side the shop and on a jour­ney to Dum­fries Po­lice Sta­tion he be­haved in a threat­en­ing man­ner and swore at po­lice of­fi­cers.

Fis­cal de­pute Ali­son Her­ald told the court that ini­tially Ben­nett had gone into the shop and put in an or­der but it was busy and when he found he had to wait he started shout­ing and de­mand­ing his money back. The cash was re­turned.

Mr Diveli told the News: “He didn’t want the food and he was swear­ing. Cus­tomers told me to call the po­lice as he shouldn’t talk to me like that.”

Ben­nett re­turned a short time later still shout­ing and swear­ing and, de­spite a warn­ing from po­lice, con­tin­ued with his be­hav­iour.

Mr Diveli added: “Later he came back up the street when there were a dif­fer­ent lot of peo­ple, he came back in and started again.

“Two po­lice of­fi­cers came in to or­der food and I asked if I could speak to them in the back yard. I hadn’t called them, they just hap­pened to come in.

“Be­fore I could say any­thing to the of­fi­cers he started swear­ing again. They said to him to calm down but he swore at the of­fi­cers so they ar­rested him and took him away.”

Ben­nett’s solic­i­tor Tanya Steele told the court her client could only apol­o­gise for his be­hav­iour.

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