AN outspoken sheriff has told a woman who branded a female business rival a 'Polish slut' that she would have avoided being taken into custody had she simply used the word'slut.'
Sheriff Lindsay Foulis made the observation at Perth Sheriff Court yesterday as he fined director Phyllis Donnelly £500 for leaving the racially-aggravated voice mail on Renata Marzenta's phone and behaving in a racially aggravated manner elsewhere.
Donnelly, who had pleaded guilty to the offences and had no previous convictions, was held by police on Tuesday night after the incident in Kinfauns, Perthshire, on Saturday.
Sentencing, Sheriff Foulis told her: "The use of the word which related to the lady's origin was undoubtedly what kept you in custody overnight. I am almost certain of that.
"It perhaps says something about the world in which we now operate that I suspect if you had simply called the complainer a slut it might not have resulted in a complaint.
"I suspect that even if it had led to a complaint it would not have resulted in you being detained in custody overnight."
Donnelly, 51, wept throughout her appearance from custody yesterday as the court was told she had never been in trouble before and had no previous convictions.
In addition to the 'Polish slut' allegation, the engineering firm director admitted she behaved in a threatening manner on August 15 by shouting and swearing at Ms Marzenta's boyfriend Marcan Mucha at a car workshop in Dundee.
Donnelly, of Errol, Perthshire, was driven to abuse them because they had been former friends who had failed to repay a £3,000 loan, the court heard.
The court was told that she had stormed into Mucha's business, next door to her own firm Diemax Precision Engineering, to confront him.
Donnelly's solicitor Mike Tavendale said: "The complainer had been treated like a member of the family. They had been very close friends."
He said her husband Peter, a fellow director of the firm, had given a short-term loan of £3,000 which had not been repaid. Mr Tavendale added: "You can imagine the sense of betrayal she felt and it is quite evident that is something she was finding it difficult to deal with.
"The lady was his book-keeper and initially there had been a conversation with her regarding the debt. She has no recall of using that specific phrase."
He said she sent a lengthy text message fully apologising for her behaviour the following day, adding: "It was some surprise to her that the police turned up last night and arrested her.
"She is certainly not proud of herself and is ashamed and embarrassed by what's happened."
Sheriff Foulis said he accepted that the "racist" phrase was simply used in the heat of the moment during an angry tirade after Donnelly had been "manoeuvred into a corner."
He told her: "However, one may view the background, what you said to Mr Mucha was clearly threatening.
"No matter what the background, people can't go around making threats."
In December, Sheriff Foulis launched an attack on social workers in court, accusing them of being incompetent and trying to do his job for him.
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