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Monday court round-up — Disappearing witnesses and snow blows

Perth Sheriff Court round-up graphic

Attempts to prosecute a Perthshire pensioner over a two-year-old allegation of racially aggravated assault have been derailed by the disappearance of key witnesses.

Richard McCallum is accused of acting in a racially aggravated manner towards five men at his home in Kinloch Rannoch.

It is alleged the 71-year-old shouted racial remarks and swore at Raulb Macism, Luckas Andras, Pal Attila, Richard Dean and Gareth Owen on April 4 2020.

Prosecutors claim McCallum’s actions caused, or were intended to cause, alarm or distress.

The pensioner, of Ally Mor Crescent, is further accused of assaulting Mr Macism and spraying him with liquid from a hose.

Court papers state the Crown intends to prove this alleged offence was racially aggravated.

McCallum denies the charges and appeared for trial at Perth Sheriff Court.

Fiscal depute Andrew Harding called for an adjournment after some of the complainers failed to show up.

Mr Harding said he was aware two witnesses had returned to their home country.

“There does seem to be some confusion here,” he said.

Sheriff Lindsay Foulis agreed the situation was “not satisfactory.”

He said: “If any chance of clearing the courts’ backlog is going to be successful, any cases which are 18 months and older have to be able to run on their due day.

“If that doesn’t happen, the backlog is just going to continue.”

He granted adjournment with “considerable reluctance” until August 22.

Fan ban

A Celtic fan who clambered into Tannadice and threw pyrotechnics from the home to away support has been jailed and banned from football. Gary Noon, 28, carried out his stunt during the match between his team and Dundee United on May 11.

Noon is huckled after his Tannadice stunt.

Snow blows

A Fife man barged into his next door neighbour’s home and gave him “ten blows to the head” in an argument over snow being shovelled onto his drive.

Daniel Nye, 37, carried out the attack on Drew-James Carr.

Dunfermline Sheriff Court heard there had been some “verbal incidents” before the assault, including an argument two weeks prior about Nye shovelling snow onto Mr Carr’s drive in Elm Park, Hill of Beath.

Procurator fiscal depute Jill Currie said Nye went to Mr Carr’s front door in the morning of February 26 last year.

The fiscal depute said: “The accused shouted at the complainer and there was an argument.

“The accused became more irate and grabbed the complainer, forcing him into the property.

“This caused him to fall on to the sofa in the property. The argument continued.

“While the complainer was on the sofa the accused proceeded to give him approximately ten blows to the head before the complainer’s wife managed to force him out of the property and call the police.”

Defence lawyer Elaine Buist said Nye was a first offender and his employment involves going to different fire stations for examinations on the fire officers.

The solicitor said he is also involved in voluntary work in the community.

Sheriff Susan Duff said that a social work report noted Nye’s disappointment in his own behaviour.

The sheriff said: “I accept your voluntary work gives back to young members of the community” and fined him £375.

Gun importer payback

Fife labourer Jack Whittle, who used cryptocurrency to try to import a deadly pistol and ammunition from the USA to Fife, has agreed to pay more than £22,000 under Proceeds of Crime legislation. The 26-year-old’s attempt was thwarted and a police raid uncovered drugs in his home.

Jack Whittle’s order of a Glock and ammunition was intercepted at Buffalo, New York.

Abuse images

A 29-year-old Fife man downloaded more than 700 child abuse images to his phone.

Greig Frame, of Stobie Place in Oakley, pled guilty at Kirkcaldy Sheriff Court to possessing the material.

Procurator fiscal depute Jamie Hilland told the court police searched his home in March last year after receiving intelligence about a device being used to download images of children.

The fiscal depute said a total of 736 indecent images were discovered on a mobile phone found in Frame’s bedroom.

The court heard the files were created between September 2020 and March 2021 and contained images of girls and boys between the ages of three and 16.

49 were classed as category A, the most graphic kind.

Sheriff Ian Anderson adjourned sentencing until July 8 for reports and Frame was released on bail and placed on the Sex Offenders Register.

The full caseload of the Dundee Crime and Courts Team can be found here.