An American evangelist and Christian street preacher has challenged the relevance of a breach of the peace charge labelled against him at a Dundee court.
Lawyers for ex-Los Angeles deputy sheriff Anthony Miano, 50, formerly of Perth, but whose address was given in court as Hogan Drive, E1 Valencia, California, say the charge does not state who the complainers are and is therefore not relevant.
Miano did not appear at Dundee Sheriff Court on Monday, but solicitor John Kydd asked to withdraw his previous not guilty plea to the charge and asked for a debate on the matter to be held.
There was no opposition from the Crown and the diet of debate was set down for April 22.
Miano’s attendance at the hearing was excused by Sheriff Richard McFarlane.
Following a previous appearance, Miano had pledged to return to Dundee to clear his name at the trial.
However, he has now lodged a plea to the relevancy of the charge, which alleges that on January 8, at Murraygate, he behaved in a threatening or abusive manner likely to cause fear and alarm, repeatedly shouted and uttered homophobic remarks.
The charges were brought under section two of the Offences (aggravation by prejudice) (Scotland) Act 2009 in that the offence was aggravated by prejudices relating to sexual orientation.
After the previous hearing, Miano said he could not comment on the particular circumstances of the charge, or of what he had said in the run-up to his arrest, but added that he had been treated well by everyone following his arrest.
He said: “The police who arrested me, those who attended to me in the cells and those at the court, they have all been very professional.
“I shall be coming back to your beautiful country of Scotland shortly before the trial. I’m looking forward to having my day in court.”
It is understood Miano was arrested after a woman made a complaint following his sermon to shoppers around lunchtime on January 8.
However, the woman’s name does not appear in the charge.
Miano was part of a street preaching team holding a one-week mission.