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Last Updated: Monday, 2 April 2007, 12:40 GMT 13:40 UK
Man admits 'racist gnome' offence
Garden gnome [generic]
The court heard the gnome incident was meant as a joke
An Aberdeen man who painted a gnome black and left it in the garden of a friend who has an African girlfriend has been fined.

Alexander Smith, 37, left the ornament outside the home of Arthur Chalmers and his girlfriend, Foncha Ngwinjong, who is from Cameroon.

He claimed he had done it as a joke, but it backfired when the couple took offence and called the police.

Smith admitted acting in a racially aggravated manner. He was fined £200.

Smith, of Aberdeen's Byron Crescent, appeared at the city's sheriff court, where he admitted behaviour which caused, or was intended to cause, Mr Chalmers and Ms Ngwinjong alarm and distress.

This was an ill-conceived, ill-thought out and rather childish thing to do
Sheriff Edward Savage

Fiscal depute Lucy Keane told the court: "It seems that Mr Smith took it upon himself to behave in a manner which both Mr Chalmers and Miss Njwinjong found offensive.

"Mr Smith took the view this was a joke.

"He placed a garden gnome in the garden of Mr Chalmers and this gnome had been painted black."

The couple found the gnome on their doorstep. Mr Chalmers suspected Smith was involved and contacted the police. He was interviewed by officers and admitted the offence.

'Very ashamed'

Ms Keane said that the ornament had been an old gnome which Smith had in his shed.

Smith's solicitor David Sutherland said his client had been friends with Mr Chalmers since 2002.

He added that Smith had concerns about Mr Chalmers' relationship with Miss Ngwinjong.

It was just a joke he took the wrong way
Alexander Smith

The couple who were planning to marry had met on the internet and Miss Ngwinjong had travelled to Aberdeen to stay with Mr Chalmers, the court heard.

"His [Smith's] concern was that this was someone his friend did not know well at all and in marrying her, may end up forfeiting half of his property," said Mr Sutherland.

He added that Smith had given Mr Chalmers an ordinary gnome in the past, but on this occasion painted another one black "knowing full well of his friend's relationship".

Mr Sutherland said: "He is very ashamed of his behaviour."

'Not racist'

Sheriff Edward Savage told Smith: "This was an ill-conceived, ill-thought out and rather childish thing to do.

"It should have been in your mind, given the relationship that Mr Chalmers had formed, that offence could be taken, even if not intended."

Smith denied a further charge accusing him of repeatedly sending text messages containing racial remarks to Mr Chalmers. His plea was accepted by the Crown.

Speaking outside court, Smith said: "I thought it was very unjust I should be here today and be found guilty of this charge.

"Mr Chalmers said he was looking for a coloured gnome on the internet so I just got one I had and altered its face with black paint. I let it on his doorstep as a gift. It was just a joke he took the wrong way."

He added: "I am not even racist - I attend an international church where 30% of the congregation are coloured."

The offence happened on 20 August last year.


SEE ALSO
Woman faces jail over gnome theft
27 Mar 07 |  Tayside and Central

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