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Hearts fan case in Lennon attack.... NOT PROVEN


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A JURY has provoked anger by clearing a football fan of assaulting Neil Lennon - despite the fact that he was captured live on television lunging at the Celtic manager.

John Wilson was also acquitted of sectarianism even though a match steward told the court he heard him call Lennon a "Fenian b******".

 

Wilson, who was convicted of breach of the peace, ran towards the away team dug-out at Tynecastle Stadium, in Edinburgh, on 11 May, shouting and swearing.

 

Thousands of people inside the stadium, as well as television viewers, saw him attempt to lunge past stewards towards the manager.

 

The incident came amid high tension in Scottish football after explosives were sent to Mr Lennon, his lawyer Paul McBride QC, and former MSP and Celtic fan Trish Godman.

 

At Edinburgh Sheriff Court, Wilson, 26, admitted striking the Celtic manager on the head, but the jury yesterday delivered a verdict of "not proven" to the assault charge.

 

A senior lawyer said he was surprised by the verdict; Celtic Football Club said the acquittal was "difficult to comprehend bearing in mind our knowledge of the incident"; and Lennon's agent Martin Reilly said he was "shocked and stunned".

 

Anti-sectarian charity Nil By Mouth voiced concern that the verdict would legitimise sectarian hatred and violence in the eyes of the general public. In a statement, Celtic said: "It is for the jury to decide on this case. However, we find the accused's acquittal of the charge of assault difficult to comprehend bearing in mind our knowledge of the incident.

 

"One thing is clear - this was a disgraceful incident involving Neil Lennon, seen by the world - the sort of incident which should not have happened in any football stadium and one which embarrassed Scottish football."

 

Brian McConnachie, a leading QC, said the prosecution should be embarrassed by the verdict.

 

"It's pretty difficult to understand how you could fail to prove it," he said.

 

"If you show the video to the jury - that's the guy running down there, that's him trying to hit Mr Lennon.

 

"Plus the fact he admitted he lunged at Lennon - it's pretty difficult to lose that.

 

• Analysis: Unusual but not unheard-of and juries must decide the facts

 

"I would have been pretty disappointed to see the jury come back and acquit him."

 

The jury had heard there was a "terrible" and "poisonous" atmosphere in the stadium leading up to the incident, with supporters singing sectarian songs and shouting at each other.

 

Wilson denied taking part in the singing or using sectarian language when approaching Lennon, insisting that he actually said: "Lennon ya f****** w*****."

 

The jury rejected the Crown allegation that it was a sectarian incident aggravated by religious prejudice.

 

Wilson told the court: "I regret every moment of it. I've let so many people down."

 

The labourer, who was unemployed at the time, said he had let his children down, as well as himself, adding it was "not my normal behaviour".

 

Asked whether he understood how the Celtic manager must have felt during the incident, he replied: "It must have been awful for him. I can't say how sorry I am to Mr Lennon."

 

Nil by Mouth said it had to respect the jury's decision, but was concerned about the message sent out.

 

Spokesman Dave Scott said: "What we are concerned about is the punter on the street will see this and say it's okay to do this.

 

"What he has reported to have said is an unacceptable term.

 

"These words are offensive sectarian words."

 

The decision has also sparked fury and disbelief among Celtic fans. One told the Celtic Quick News website: "Shocking verdict, but no surprise. We have to remember if not for Lenny's reaction and Thommo (coach Alan Thompson], the guy could have hurt him."

 

Another fan, calling himself James Forrest, wrote: "You can assault our manager live on TV and not go to jail. Today, I am raging. I am raging at the country I live in. I am raging at the way we are being urinated on, and I am raging that we tolerate it."

 

Another, called ibleedgreenandwhite, said: "Neil Lennon deserves justice … pity he won't get it in Scotland."

 

The Scottish Government has said it is determined to stamp out sectarianism, particularly related to football, and plans new legislation.

 

However, Donald Findlay QC, former vice-chairman of Rangers, said: "If a Rangers fan and a Celtic fan have a fight in the street, what's that got to do with football or sectarianism?

 

"It may have nothing at all. If it happens at a football match, that's to do with football, but what's it got to do with religion? Maybe nothing at all.

 

"What concerns me is if you take a crime and put it in a context, then you taint it by the context, and I don't think that necessarily follows."

 

Scottish ministers said they remained determined to rid football of sectarianism.

 

A Scottish Government spokesman said: "Our proposed legislation is aimed at sending out a clear message through tough new laws that there is no place for bigots in a modern-day Scotland.

 

"We welcome the continued support of football clubs and others in tackling sectarianism.

 

http://thescotsman.scotsman.com/news/Anger-as-football-fan-is.6828812.jp?articlepage=1

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Ha Ha Ha that is a stoater. They have got everything on camera and still fuck it up. Brilliant!

 

The accused was on trial for a BOP and an assault both of which were aggravated with a religious prejudice. The accused accepted he committed a BOP but denied making any sectarian comment. As for the assault, well, CCTV isn't conclusive.

 

If anyone fucked anything up it was the PF by adding in the sectarian aggravation.

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Only one person heard the alleged sectarian insult so it was inevitable that needless addition to the assault charge was going to be difficult to prove. Ergo, if anyone is to blame for the bizarre conclusion to this case, it's the prosecution for doing what seems to be common by adding the usual unnecessary bigotry angle to an issue that it doesn't apply to. Meanwhile, this moron has essentially got off with a clear disgraceful assault (though thankfully he has already served several months in jail on remand).

 

Bigotry is becoming hard to avoid in Scotland because we have people sensationalising what is a very small problem at every turn for their own questionable ends. Be it politicians or so-called journalists, it's a shame that society is finding it difficult to rid itself of the genuine disease because some people want to erroneously infer the problem is prevalent in almost every subject we talk about.

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However, Donald Findlay QC, former vice-chairman of Rangers, said: "If a Rangers fan and a Celtic fan have a fight in the street, what's that got to do with football or sectarianism?

 

"It may have nothing at all. If it happens at a football match, that's to do with football, but what's it got to do with religion? Maybe nothing at all.

 

"What concerns me is if you take a crime and put it in a context, then you taint it by the context, and I don't think that necessarily follows."

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It is difficult to understand how the Prosecution believed they could get the sectarian aggravation to stick, as far as I can gather from the reports, there was only one witness who said that the accused had said anything sectarian and in Scotland you generally need corroboration. Perhaps they hoped that the jury would simply assume it was sectarian because the Celtic Manager was involved. All in all it was a pretty spectacular own goal by the Fiscal.

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It is difficult to understand how the Prosecution believed they could get the sectarian aggravation to stick, as far as I can gather from the reports, there was only one witness who said that the accused had said anything sectarian and in Scotland you generally need corroboration. Perhaps they hoped that the jury would simply assume it was sectarian because the Celtic Manager was involved. All in all it was a pretty spectacular own goal by the Fiscal.

 

This what they were trying to push through,I'm glad somebody senseible has temporarily halted their agenda,and this is why the BHEASTS are so angry as they see it as a defeat.They keep exposing themselves for what they are and long may it continue.

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