A LOCHGELLY man has appeared back in court for a racist rant in an Indian take-away, which previously almost landed him a jail sentence.

In the dock at Dunfermline Sheriff Court, was Kyle Gardener, 34, of Fraser Drive.

He caused a disturbance at a take-away when he went back to complain about a food order that he was unhappy about.

He had been put on a community payback order for the offence but breached it.

Gardener had admitted that on March 28, 2022, at Taste of India, High Street, Cowdenbeath, he acted in a racially aggravated manner to two people there by shouting, swearing and making racist remarks.

He also damaged property by punching a light fixture.

Gardener had gone into the take-away in an intoxicated state and became abusive towards two brothers working there.

He was making racist comments such as “Paki b*******” and seemed to be unhappy about problems he had with an order earlier in the week.

Police who were in the area saw Gardener’s behaviour as he continued to shout and swore then punch a light fixture.

Defence solicitor Alan Davie said his client was “disappointed with an order he had received the previous day and had gone there when he was under the influence”.

He added: “He does not consider himself to be racist but it doesn’t present him in a good light resorting to that language.”

Gardener had originally been sentenced to a community payback order with 140 hours of unpaid work, 14 months of supervision and a five-month restriction of liberty order.

However, he did not do the unpaid work but completed the ‘tag’ order.

Sheriff Wylie Robertson had told Gardener at the original sentencing that if it was not for the fact that he had childcare responsibilities for his son he would have been heading to jail.

Sheriff Susan Duff revoked the CPO and, in its place, imposed another five-month restriction of liberty order.