AN ALLOA man got “carried away” while singing sectarian songs before spouting racially offensive remarks, a court has heard.
Terry Calder was arrested during the early hours of January 2 this year, after shouting, swearing, and uttering racially-offensive remarks.
He also banged on the floor of his property, on Rose Street, and continued to shout abuse, causing his downstairs neighbours to contact the police.
Calder appeared at Alloa Sheriff Court on Thursday, September 1, where the Crown detailed a history of conflict between the accused and those living below him.
Depute fiscal Ruaridh Ferguson said the accused began playing music at 3am, with his neighbours awakened “by his conduct”.
He said Calder began to shout remarks such as: “I’ll get you”, before shouting “skank.”
After that, he began to sing sectarian songs and was heard shouting: “F***ing IRA scum,” and “Fenian b***ards” before saying: “I will f***ing kill you”.
The prosecutor said Calder then started to bang repeatedly on the floor which was clearly heard by the complainers downstairs.
Police were contacted and arrived at around 6.45am, with officers also witnessing abusive remarks and sectarian singing.
Calder also failed to appear for a court date on March 21, in breach of his bail conditions.
He was also convicted for his part in a separate incident where he approached one of the complainers and accused her of smashing his garden shed, also in breach of bail.
Toni Pentecost, defending, said Calder had been drinking for a number of days over the festive period and in the lead up to the incident.
And though his solicitor argued the comments were not directly aimed at any of his neighbours, this assertion was challenged by the sheriff.
She said: “He put the music on, which was not to everyone’s taste, but it was very loud. He then began to make comments while listening to it.
“He wasn’t aiming any comment at his neighbours – he was simply singing along and got carried away.”
However, Sheriff Gerard Sinclair then took exception to the claim and told the solicitor: “I don’t accept that position – the comments he made would have to have been directed at someone.”
Ms Pentecost then replied: “That is his position...he has no knowledge of his neighbours’ religious affiliations.”
She continued: “There is a background of dispute with his neighbours with both parties making complaints to the housing department.
“Mr Calder is no longer living on Rose Street. He has since taken steps to make sure he is not returned to the address.
“He is hoping to engage with the support available to him...and would welcome a period of supervision.”
Sheriff Sinclair considered his verdict before reluctantly agreeing to hand the 45-year-old a community payback order.
He told Calder: “As you will have gathered, I am not impressed with the nature of this offending, nor your explanation for your conduct.
“I am conscious this is not the first time you have gotten into bother with neighbours and it seems to me that you feel that it’s everyone else’s fault but yours.
“However, considering the recommendation of the report, I feel there is a way for me to deal with this in a manner other than custody.
“But it is with some hesitation that I am prepared to give you one last opportunity to engage with a community order.”
The sheriff imposed a CPO with 18 months of supervision and a requirement to carry out 200 hours of unpaid work.