A Dundee murderer has jeopardised his chances of parole after launching a “frightening” homophobic attack on a social worker at Perth Prison.
Owen Kerr was just 17 when he killed Dundee man Andrew Tosh outside the city’s Bowbridge Bar in October 1998.
He was detained for life in a young offenders institute, before being transferred to an adult prison when he turned 21.
Kerr, now 42, returned to the dock at Perth Sheriff Court on Thursday and admitted assaulting a social worker at a visitors’ room in HMP Perth on September 8 2022.
The court heard how he snapped after hearing one of the social workers laughing after he stormed out of the room.
‘We’re f***ing done here’
Prosecutor Emma Farmer told the court Kerr met two Dundee City Council social workers just before 10am in a small interview room.
The court heard he became “agitated” when the subject of his father’s address was raised.
Kerr had wanted to move in with his father when released but he was told the area is too close to Mr Tosh’s family.
When the complainer said she was terminating the meeting, Kerr replied: “Yes, we’re f***ing done here.”
He left the room but shot back in and went straight up to the social worker.
He pressed his head against hers and shouted: “Do you think this is funny, you fat specky lesbian halfwit?”
The fiscal depute said: “The accused used both hands to push the complainer off her seat.
“She fell into the wall, banged her elbow and dropped to the ground.”
Hearing the commotion, prison officers rushed into the room and restrained Kerr.
Ms Farmer confirmed the social worker was uninjured.
She said the assault was aggravated by prejudice related to sexual orientation.
Paroled – and recalled – five times
Solicitor Theo Finlay, defending, said: “It was a bone of contention that he had wanted to move in with his father but he was told that family members of the victim of the original crime lived in that locality.
“He felt victimised and it resulted in this very negative mindset.
“He left the agents’ room and he heard a laugh and he took that personally.”
Mr Finlay said: “Since 2015, he has been granted parole on five occasions and been recalled on five occasions, largely due to matters of alleged public disorder.
“He has had his difficulties and mental health problems throughout his life.
“He is generally regarded as a very respectful prisoner who is courteous to officials.
“He is something of a positive presence in the institution but this had been a particularly difficult time for him.
“It was the most unstable he had ever been.”
Mr Finlay told the court: “There was no serious injury but he accepts it was a serious offence because it was a major transgression.
“He continues to be punished in terms of his consideration for parole.”
Sheriff Jennifer Bain KC told Kerr: “This is a serious matter where you behaved aggressively and violently towards a social worker who was just going about her daily duties.
“It would have been frightening for her in a situation where she should have been made to feel safe.”
Kerr was handed a concurrent 10-month sentence.
Murder
In February 2015, Kerr was recalled to jail after rowing with social workers over visits to his mother.
He had been released eight months earlier on condition he be supervised for the rest of his life.
At the time, Dundee Sheriff Court was told it was a “one-off” incident.
The High Court in Edinburgh heard in 1999 how Kerr murdered 40-year-old Mr Tosh by repeatedly stabbing him on the body with a knife.
Advocate depute Neil Brailsford QC told Lord Reed there had been an incident an hour or so before involving Andrew Tosh Jr.
Andrew Tosh Sr was approached by Kerr, shouting that he only wanted to talk.
According to witnesses, Kerr motioned for Mr Tosh to follow him around a corner at Main Street and Mains Road, where he produced a knife and lunged twice at his victim.
An ambulance was called but resuscitation attempts at the scene and hospital failed.
His son witnessed the murder and still suffered PTSD more than decade later, a court heard.
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