Man fined £600 after behaving aggressively in row over eating own food outside cafe

A 36-year-old man has been fined £600 after a heated row about eating his own food outside a cafe.

Damien Gorman admitted threatening behaviour when he appeared at Lerwick Sheriff Court today (Wednesday).

The court heard how Gorman behaved aggressively towards a member of staff at the cafe in the Clickimin Leisure Complex during two separate incidents last year.

Procurator fiscal Duncan MacKenzie said the first happened on 16th November when a member of staff asked Gorman to leave the cafe as he was not allowed to eat his own food.

Mr MacKenzie said the accused became aggressive and was “getting in the complainer’s face”, calling him a “f***ing idiot”.

Gorman returned two days later and encountered the same member of staff clearing the tables.

As he walked past he called him a “f***ing idiot” again in what the fiscal described as an “aggressive tone”.

Gorman also told the staff member he was “going to get hit someday”, Mr MacKenzie said.

Another member of staff witnessed the threat being made and the complainer called the police

Officers arrested Gorman a few days later.

Under interview he told officer that if happened a 10 years ago he would have “f***ing smashed” the member of staff.

The charge also stated the offence had been racially aggravated.

Sheriff Ian Cruickshank asked where the racial aggravation came from, as it had not been expressed in any of the comments read out in court.

Mr MacKenzie said the complainer was Indian and felt the abuse had been directed at him due to his race as none of his white colleagues had been subjected to the same abuse.

Defence agent Tommy Allan said there was no racism intended from his client.

He said Gorman only admitted to that aspect of the offence to avoid going to trial.

The solicitor said his client wanted to have the matter dealt with before he starts a new job as a shot blaster on the mainland in a couple of week’s time.

“His position is that while his behaviour was out of order and he should not have said those things, there was no racism intended from his side,” he added.

Mr Allan said Gorman also maintained he had not been eating his food inside the cafe, but rather on some chairs outside, where he felt he was entitled to do so.

He accepted, however, that Gorman should not have reacted in the way that he did.