Gordon McBrearty, pleaded guilty to the offence which occurred on the 21st of March, 2014.
The court were told that Mr McBrearty made a string of insulting remarks to a Chinese member of staff, at the popular Chinatower Restaurant located on the Ramelton Road, Letterkenny.
Mr McBrearty then launched into a drunken tirade against an innocent customer in the same restaurant.
He accused the man of being with involved with the ‘Special Branch’ before adding that he also believed the man was an ‘informer’ and a ‘rat’.
The court were told how Mr McBrearty had 12 previous convictions, which were mostly caused due to an excess consumption of alcohol.
Mr McBrearty’s solicitor Mr Rory O’Brien said his client was deeply remorseful for his actions, and said he was just having ‘banter’ with the staff member and just wanted to talk to her, and insisted he didn’t mean to cause any harm or offence.
O’Brien also added that Mr McBrearty denied making some of the remarks he is accused of but pleaded guilty to the offence because he wanted to put the incident behind him.
O’Brien told the court that Mr McBrearty had been in bad place following the break-up of a ten year relationship from which he has two young children.
O’Brien added that McBrearty a qualified architect technologist had been out of that line of work since 2008, and it’s only since 2009 and the break-up of his relationship that the convictions he received began to accumulate.
O’Brien said, Mr McBrearty no longer drank alcohol and was making an honest attempt to get his life back on track.
Judge Paul Kelly said, “What you said was grossly offensive and borders on being racist, there is no excuse for that type of behavior.
“It’s clear you have an issue with alcohol, as in previous convictions it has been a contributing factor in your other convictions.
“This is your yellow card so to speak, I don’t want to see you up before me again.
He fined McBrearty €250 and and gave him two months to pay the fine.