Dundee court to debate whether migrants are protected group under hate crime laws.
The dispute erupted after local resident David Tarbett was charged with a hate crime for Facebook postings.
Lawyers for a Dundee anti-immigrant protestor are questioning whether migrants are a protected group under hate crime rules.
David Tarbett is accused of posting a hostile Facebook post about migrants, stating that they intended to commit acts of violence against children in schools and nurseries.
, who previously appeared from detention at Dundee Sheriff Court, has yet to enter a plea in relation to the summary complaint charge.
His legal team believes the charge is defective, and if the sheriff rules in Tarbett’s favour, the prosecution might be dismissed.
Following a case management meeting on Thursday, counsel Jim Caird has requested that a debate be held in the same court.
Arguments begin
Sheriff John Rafferty questioned Mr Caird’s argument about the charge’s relevance during a heated debate. The counsel stated, “My goal is to demonstrate that migrants are not necessarily a protected category.
“There’s a list of various protected groups.” Sheriff Rafferty said, “These are racial issues.” Are UK natives classified as a racial group? Those who are native to Africa? Australia? Asia?” “Well, possibly,”
Mr. Caird said, before the sheriff responded, “Not possibly – they are.”
Mr Caird stated, “These are issues we would like to discuss. “A migrant can move away and then back. “Whether this would make them a distinct group is another question.
“We’re attempting to locate (legal) authorities. “There are authorities in England.” According to fiscal depute Laura Farquhar, the Crown views migrants as a racial group.
City protests
Tarbett has regularly staged protests and marches in Dundee to oppose asylum seekers in the city.
The demonstrations have sparked a massive police response, with Stand Up to Racism Tayside and the Dundee Trades Union Council consistently responding with counter-action.
Tarbett earlier stated to The Courier that his goal was to safeguard “women and kids” from “illegal immigrants”.
Tarbett allegedly sent “material” that a “reasonable person would consider threatening, abusive, or insulting” on September 24.
He is accused of creating a public Facebook post with derogatory words about migrants, claiming they were “intending to commit acts of violence against children within school and nursery settings.”
Tarbett is accused with either intending to incite hatred against a group of people based on their race, colour, nationality, citizenship, or ethnic origins, or of causing hatred under the Hate Crime and Public Order (Scotland) Act 2021.
Tarbett’s bail was extended pending the debate, which will be place before a new sheriff next month.
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