A woman accused of calling a 14-year-old girl a homophobic slur told a court she was actually referring to the state of her mum’s garden.
Kiah Morrison was charged with a hate crime after the child’s mother reported to police she had said: “Oh my god mum, look at that p**f.”
During her trial at Perth Sheriff Court, the 21-year-old insisted she had said: “Oh my god mum, look at the state of that bush,” referring to an unkempt piece of shrubbery.
Ms Morrison was acquitted of the offence after a sheriff ruled the child and her mother had most likely misheard what she said.
The court heard a conviction could have cost Ms Morrison a promising career in childcare.
Child ‘upset and distressed’
The alleged victim, now 15, told the court she walked past Ms Morrison’s family home in Scone, after school on September 24 2021.
She said she heard Ms Morrison using the slur and believed it was targeted at her.
The girl, who cannot be identified for legal reasons, said Ms Morrison and her mum then laughed.
“I’ve never been what you would describe as ‘girly’,” the youngster said when asked if she thought the remark was directed at her.
“I’ve never worn a skirt or had long hair.
“I’ve had issues at school where teachers think I had been a boy.”
The girl said: “I was shocked and quite upset.
“I wouldn’t expect to have something like that shouted at me when I’m just walking home from school.”
Asked by solicitor David Holmes, defending, if Ms Morrison had instead used the word ‘bush,’ the teenager said: “I think what she said was quite clear.”
The girl’s mother also told the court she had overheard the slur.
“My daughter was upset and distressed,” the 49-year-old said.
The court heard there had been “bad blood” between the two families.
Career plans on hold
Ms Morrison, a fully qualified childhood practitioner, said she had been forced to put her career plans on hold while she awaited trial.
She told the court: “I was speaking to my mum about the garden. I walked along and looked up at the bush.
“I said: ‘Oh my god mum, look at the state of that bush’.”
Asked by Mr Holmes if she was familiar with the slur “p**f,” she said: “It’s not a word I’m familiar with. I would never used it in a derogatory way.
“It’s a term that was used years ago.”
Her mother, Claire-Louise, told the trial her daughter was “inconsolable” when charged by police.
“She has worked so hard and for all that to be jeopardised over a lie,” she said.
The 42-year-old said the word “p**f” was “not a word I had grown up with,” adding: “It’s not a word my children have grown up knowing.”
Misinterpretation
Mr Holmes urged Sheriff James Hastie to acquit his client.
He said it would be “idiotic” to suggest she would call a 14-year-old girl a “p**f” as that slur refers to a male.
Sheriff James Hastie found Ms Morrison not guilty of a racially aggravated charge of behaving in a threatening or abusive manner.
He said: “I don’t think the girl came to court to lie but I think she may have misheard or misinterpreted what was said.”
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