Dundee immigration march organiser in court over Facebook post.

David Tarbett is facing a hate crime prosecution, but his lawyers believe it may be legally faulty.

The leader of anti-immigrant protests in Dundee has appeared in court, charged of creating a cruel Facebook post about migrants.

David Tarbett allegedly made insulting remarks and suggested that migrants planned to commit acts of violence against children in schools and nurseries.

The 57-year-old was taken into jail to face the charge at Dundee Sheriff Court, which authorities say is a hate crime.

Lawyers representing him say the charge is legally faulty, and the prosecution could be dropped. Tarbett held a protest and march from Stobsmuir Park to Alloway Terrace earlier this month.

The gathering sparked a large police response, with participants being greeted by a counter-protest from Stand Up to Racism Tayside and the Dundee Trades Union Council.

Tarbett told The Courier at the time that he wanted to protect “women and children” from “illegal immigrants.”

Dundee protest organiser’s charges

Tarbett is now facing charges for allegedly communicating “material” that a “reasonable person would consider to be threatening, abusive, or insulting” on Wednesday, 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 of either intending to incite hatred against a group of people based on their race, colour, nationality, citizenship, or ethnic origins, or of being likely to do so.

According to court papers, the offence was committed while Tarbett was under an order to appear in court next month.

Tarbett, of Balunie Street, did not enter a plea when he appeared from detention. Defence solicitor Jim Caird emphasised the importance of the phrase “migrant” and how it is defined in the Hate Crime and Public Order (Scotland) Act 2021.

Sheriff Tim Niven-Smith scheduled a case management hearing for October and freed Tarbett on the regular bail terms.

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