A Fife man who called his Zimbabwean nephew a “black monkey” has been placed on supervision.
Robert Cull was found guilty after trial of acting in a racially aggravated manner which caused distress or alarm to his wife, Perpetua, and her nephew, Humphrey Nyoka, in Methil’s Kirkland Walk on June 4 last year.
Kirkcaldy Sheriff Court heard previously that Mr Nyoka took his aunt’s side when he stumbled upon her having a heated conversation with Cull at their home over the breakdown of their 14 year marriage.
Cull was taken aback by Mr Nyoka jumping to his wife’s defence and swore at him, before calling him a “black monkey”.
Retired Cull, 70, told the court he had called his nephew a “flying monkey” because he was interfering in what he thought was non of his business.
Cull’s defence lawyer Lynn Herbert said during the trial that her client used the term “for somebody who is orchestrating a smear campaign” and likened it to the Scots word “sleekit”.
But Sheriff Alison Michie rejected Cull’s claim and convicted him of acting in a racially aggravated manner which caused alarm or distress to his ex wife and her nephew.
The sheriff judged Cull did shout, swear and utter a racist remark and that he refused to allow entry to his home and slammed a door. The offence was aggravated by involving abuse of his partner or ex partner.
The court also heard that Cull already has a previous conviction for a domestic offence.
Rehabilitation
On Thursday, Cull appeared at Kirkcaldy Sheriff Court for sentencing and was made subject to a community payback order by Sheriff Michie.
The sheriff told him: “I’m going to impose a requirement as part of the order that you attend for supervision for 12 months.
“During this period you will be required to attend at appointments with members of the criminal justice social work department team.”
The purpose of this is to enhance his rehabilitation and stop future offending.
The court also heard that Cull maintains his innocence but accepts the conviction and the need to move on from it.
