A boxing coach who filmed himself shouting abuse at asylum seekers through the window of a Perth hotel has been convicted of causing fear or alarm.
David Soutar said he posted his expletive-ridden recording to YouTube because he wanted to make locals aware the venue was being used to house refugees.
In the clip, the 56-year-old approaches a ground floor window of the Station Hotel and films security staff and people in a dining hall.
He repeatedly calls the men “c***s,” rants “there’s f***ing hundreds of them” and tells one man through the window: “F*** off, don’t you smile at me you pr**k.”
Making reference to an unfounded rumour of female staff being harassed, he tells his YouTube followers: “Yous better get switched onto the f***ing facts or you’re going to be suffering the consequences in this nation.”
Soutar, who once accused a Perth restaurant of “funding Islamic terrorism” in another online rant, denied his actions were threatening nor “inherently dangerous,” as prosecutors claimed.
He was found guilty of threatening or abusive behaviour, likely to cause fear or alarm, by recording at the hotel sometime between November 24 and December 6 2021, while repeatedly swearing and uttering offensive and derogatory remarks.
Throughout the hearing at Perth Sheriff Court, Soutar was told: “Your politics are not on trial.”
Violence and disorder
Soutar confirmed he made the video and posted it to his YouTube channel.
“I care about my town,” he told the court.
He said he wanted to compare the situation with the plight of British war veterans living on the streets.
“They (the men at the hotel) came through every safe country. I believe they are economic migrants, putting pressure on our services.”
In the clip, he references the time in 2017 the far right Scottish Defence League came to Perth to protest against a mosque.
Asked by solicitor David Holmes what he thought of the group, he said: “They are Nazis, they are racists.”
Fiscal depute Stuart Hamilton asked him if it was potentially dangerous to share information that may be false that could lead to violence and disorder.
“Of course,” said Soutar. “But that video is not asking people to be violent.
“It’s making people aware of what we have in our town.”
Asked if he thought telling someone “don’t you smile at me, you pr**k” was violent or aggressive, Soutar replied: “No, he was goading me. I believe in free speech.”
Free speech carries ‘responsibility’
In his closing submission, Mr Hamilton said: “Free speech is an important right but it also carries with it an equally important responsibility.”
He said: “The accused has clearly attended at the hotel with one goal in mind and that is to share his view on what he perceives to be illegal immigration – but not based on any fact or proof.
“It is not reasonable to share on a public platform that can be viewed by millions, words or behaviour such as the accused demonstrated that day.”
Mr Holmes, defending, said his client was making a political point about money being spent on asylum seekers, as opposed to on homeless ex-service personnel.
“That is a point we hear on national media, from political parties.
“The repeating of a rumour which may or may not have happened is certainly not helpful but this was not a call for violence, he was voicing a political view.”
‘Ill advised and abusive’
Sheriff William Wood told Soutar: “Your politics are not on trial here and nor are your views about how public money is spent.
“This charge isn’t about the message you wanted to send but the manner in which you delivered it.
“It is about your conduct and not about your beliefs – I want to make that entirely clear.”
The sheriff said: “Many of the terms you used in the video are abusive to asylum seekers and there’s no getting away from that.
“If you were an asylum seeker or someone who works with a charity for asylum seekers, or someone who holds different views to your own, they may well be caused fear or alarm by the content and manner you went about sending the message.
“Although I am prepared to accept that you did not intend that to be the outcome, I am satisfied that you were reckless as to what the effect of someone viewing that might be.”
He added: “People may be scared, frightened or alarmed by your video and so I have no option but to convict you of this offence.
“The language was intemperate, ill advised, abusive, arguably aggressive and contained derogatory and offensive remarks.”
Menu burning video
The sheriff deferred sentence for background reports after learning Soutar had a similar conviction from 2016.
On that occasion, he posted a video on Facebook, claiming the city’s Manzil restaurant was “funding Islamic terrorism.”
In the clip Soutar used a lighter to set fire to a takeaway menu, saying: “This is what we do to the people who are funding terrorists, we burn the scumbags.”
For that offence, Soutar, of Darnhall Crescent, was ordered to carry out 200 hours unpaid work.
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