Falkirk resident made homophobic comments towards neighbour and spat on man's face

Miklos Somonyi, 36 Summerford Road, shouted and swore at the man as he made the remarks on April 9, 2020.

The 36-year-old also admitted assaulting the man by spitting on him on May 11 last year.

Detailing the initial offence at Falkirk Sheriff Court last Thursday, procurator fiscal depute Rachel Wallace said an argument had ensued following a remark made by the victim.

Somonyi proceeded to direct homophobic remarks which were aimed at the man before police were contacted and he was arrested.

The fiscal depute said: “On May 11, the witness was walking their dog and observed the accused.

“The accused was on the opposite side of the road, however, on noticing the witness crossed the road.

“The accused thereafter spat on the witness’ face. The witness returned home and contacted police. Police arrived and the accused was arrested.

“He openly admitted spitting on the witness and stated, ‘I spat on him, I didn’t want to hit a pensioner’.

“He was cautioned and charged and made no reply.”

Defence solicitor Murray Aitken said his client believed he was hard done by due to previous altercations with his neighbour.

Mr Aitken said: “It was a neighbourly dispute.

“He feels aggrieved because he feels to be the victim of a number of incidents prior to this.

“The individuals concerned were a family. His property had been flooded – he took the view it had been deliberate.

“His neighbour made what’s perceived to be a smart comment. He accepts what he said was designed to cause offence.

“I suspect he didn’t appreciate exactly what he was saying with English not being his first language.”

The lawyer explained an “under the breath” comment and gesture were made towards Somonyi while he was walking his dog on May 11, 2020.

Mr Aitken added: “He accepts the red mist descended in front of him.

“He very much regrets what’s happened. He’s assessed as a minimum risk of reoffending.”

Sheriff Christopher Shead ordered Somonyi to complete 120 hours of unpaid work within 12 months.

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