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A pensioner was hauled from his home, locked in a police cell overnight and charged with a hate crime after he was overheard using the word “tinks” in his own garden.

Retired Ian MacGregor, who has never been in trouble before and has no criminal record, was left visibly shaken after he was forced to appear in court on his 71st birthday.

He had been in his garden earlier this month when his two neighbours - one of whom identifies himself as part of the travelling community - were erecting a shed.

MacGregor did admit saying “that’s the tinks got the shed up” but described the prosecution as a “piece of nonsense”. In fact local politicians have gone so far as to condemn the treatment of the elderly man as "totally disproportionate".

Perth Sheriff Court heard that MacGregor was taken from his home by police officers after neighbour Kelly Byrne – who was fined £100 after breaking a tagging order to appear on the Trisha TV show in 2006 – reported the comment.

Kelly Byrne and her partner Sandy McDonald, who also has a number of convictions, claimed they were offended by the comment because they believed it referred to them. However, they only reported it two days later.

Mid-Scotland and Fife Conservative MSP Murdo Fraser branded the police decision to lock up the shocked pensioner as "heavy handed" and "unnecessary".

He said: “You have to ask the question whether the police response was proportionate in all the circumstances of the case?

“To take an elderly gentleman out of his own home and make him spend a night in police cells does not appear to be in line with the nature of the offence he was accused of committing.

“Perhaps in future the police and prosecutors need to consider the circumstances more carefully before they rush into taking such severe action. To make this poor man spend a night in police cells is completely out of proportion.”

(Image: PA)

Mr MacGregor, from Kenmore, Perthshire, admitted making comments of a racial nature towards Ms Byrne and Mr McDonald on December 8.

Fiscal depute Tina Dickie said: “The incident happened in the back gardens. Mr McDonald describes himself as a man of the travelling community.

“They were in the garden erecting a shed. The accused exited the rear door of his property and entered his own shed. As he exited the shed he said in a loud voice ‘that’s the tinks got the shed up'.

“The witnesses heard this and perceived it to be a racially motivated comment.”

Solicitor Pauline Cullerton, defending, said: “My client finds himself in court on his 71st birthday. He has stayed in the property 46 years and never had trouble with the neighbours before.

“He said he made this comment to himself as he went in the back door. He must have said it reasonably loud as the neighbours were 20 feet from him. It wasn’t said directly at them.”

Sheriff Christopher Shead said: “In the unusual set of circumstances, bearing in mind he comes before the court with no previous record at 71 and has been kept in custody, I will admonish him.”

Outside court, former plant operator Mr MacGregor said: “The whole thing has just been a shock. I have never been in trouble in my life before. It is ridiculous that I got kept in a cell.

“I’m not going to deny I said it. You can’t say anything nowadays without someone taking offence. Those people are criminals but they know the system.”

His wife Barbara, 67, added: “We were just having a quiet drink in the house when the police came in. The officers were nice and told us that they wouldn't have done anything about it five or six years ago.

“They took him away and kept him in the police cells with the real criminals. I never slept a wink. This whole thing has been a piece of nonsense.

“We have lived in that house nearly 50 years and never had a problem with anyone before.”