A young Paisley man has asked to be given a jail sentence in order to tackle his alcohol problem after he assaulted a bus driver.
Boozed-up Ben Birch got on the number 26 McGill’s bus on June 4 last year in Paisley’s Smithhills Street and became “a menace”.
The topless 22-year-old refused to pay for a ticket and when confronted, he threw powder at the driver’s face.
The 48-year-old driver, Mr Ori, was then subjected to vile racial abuse by Birch of Motehill Road.
Prosecutor Matt Piskorz told Paisley Sheriff Court the entire incident was captured on CCTV.
He explained: “The victim is the driver of the number 26 McGill’s bus.
“Around 8pm, the bus stopped to take on passengers and while customers were getting on board, the accused got on and without paying, took a seat at the back of the bus.
“The driver shouted the accused needed a ticker but he refused to acknowledge this.
“The driver then walked up the bus and told the accused if he didn’t have a ticket he would need to leave.
“The accused responded, ‘I’m not going anywhere.’
“The driver went back to his seat and said that the bus wasn’t going anywhere.
“Birch then approached the driver’s cab and placed powder – which was later analysed to be ‘cup a soup’ – in the coin area of the bus.
“He was told he needs to clean it up and the accused refused.
“Birch then takes out his wallet and states, ‘Think I’m stupid, I’m not stupid, give me a single.’
“The driver then tells Birch he needs to get off the bus and a physical altercation ensues between them.
“Birch was challenged by the driver and stated, ‘Who the f**k you pulling’ and throws the powder in the coin area in the driver’s face, calling him a ‘f*****g p**i b*****d.’
“Police were alerted by the driver and the accused was later traced on Renfrew Road after getting off the bus.”
Defence agent Terry Gallanagh told the court: “Ben Birch approaches his 23rd birthday later next month.
“He is deeply ashamed for his conduct and apologises profusely.
“Ben Birch is now over 21 and has had custody in the past. He is so embarrassed and so ashamed he seeks the court impose no alternative and impose a custodial sentence.
“He hopes to use his time in custody to abstain from alcohol and to be better prepared for when he is liberated.
“He recognises people are entitled to go about their employment without being subjected to abuse, physical or verbal.
“He was extremely inebriated on this day and recognises his conduct was shameful and Mr Ori should not have had to experience that.”
Sheriff Amel Elfallah slammed Birch stating: “This was an appalling way to behave.
“You got on a bus and you made a nuisance of yourself and quickly became a menace.
“This driver must have been frightened as I imagine, were the passengers.
“You threw powder in his face and subjected him to racial abuse.
“People have the right to go about their work without being terrorised and the fact you were under the influence of alcohol is no excuse.
“I take into account your early plea, your age, previous convictions and that this was an assault on a public service worker. I am of the view custody is appropriate.”
Sheriff Elfallah jailed Birch for 220 days reduced from 330 days.
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