I nearly choked at that ... football behaviour act rule in "our" favour

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Rangers fan who called player "f*nian" did not breach bigotry laws

 

STV 19 June 2013 13:45 BST

 

A Rangers fan who described a former Celtic player as a "f*nian b******" did not breach anti-bigotry laws, a sheriff has found.

 

Richard Scroggie shouted the abuse at Dundee United's Irish midfielder Willo Flood during a game against the Ibrox club.

 

On Wednesday, Dundee Sheriff Court heard Scroggie shouted "f*** off back to Celtic you f*nian b*****d" at Mr Flood, who left the Parkhead club in 2010.

 

The 48-year-old was cleared of singing "f*** the Pope and the Vatican" at the game during his clubâ??s Scottish Cup defeat at Tannadice earlier this year.

 

Sheriff Kenneth Hogg instead convicted Hoggie of breach of the peace after branding Offensive Behaviour at Football and Threatening Communications Act "confusing" and "very, very difficult to wade through".

 

He also criticised the evidence of two officers attached to the Football Co-ordination Unit Scotland (FoCus), who stated Scroggie had shouted abuse about the Pope and Vatican during the tie in February.

 

Sheriff Hogg said: "I'm troubled by their evidence - I wasn't impressed by their suggestion that Dundee United is a sectarian club - I've never heard that before in my life and the officer was trying to create that impression."

 

Earlier, the accusedâ??s lawyer Alasdair Gray accused PC Adrian Kelly and PC John Brown of "lying" over their claims the Rangers fan inserted the offensive lines into a rendition of the song Follow Follow.

 

The two officers told the court that around 20 minutes into the match they heard Scroggie shout the abuse at midfielder Mr Flood.

 

PC Brown then issued Scroggie with a warning for the abuse, which Scroggie admitted making. But, the football fan, of Kilbarchan Road, Johnstone, Renfrewshire, denied the officers accusations regarding the song.

 

Mr Gray asked PC Kelly: "I put it to you that the second incident simply didn't happen and you have fabricated it just so you could charge him with something." PC Kelly said: "No."

 

During cross examination of PC Brown, who also said he had seen Scroggie sing the song, Mr Gray asked: "If we hear from witnesses who say he didn't sing that song at all what would you say to that?" PC Brown said: "I'd say that they were lying." Mr Gray responded: "I suggest that it is you that is lying." PC Brown responded: "You can suggest it - but you would be wrong."

 

Scroggie pled not guilty to a charge of engaging in behaviour of a kind which is likely to incite public disorder by shouting, singing and chanting foul and abusive language of religious hatred.

 

Sheriff Hogg cleared him of that allegation, but found him guilty of an alternative charge of breach of the peace by shouting language of religious hatred.

 

Finding him guilty, the sheriff said: "The section of the legislation you were charged under is very confusing. It is very unhelpful and until some appeals go through we won't get much guidance.

 

"There is a reasonable doubt about whether you sang Follow Follow, so that takes us back to your original remark only. I can't convict you under the Offensive Behaviour at Football legislation because I'm not convinced that that one remark would be likely to cause public disorder."

 

Defence solicitor Alasdair Gray said his client is a former soldier who had "served for 22 years in the army, doing tours of duty in Iraq, Northern Ireland, Afghanistan and Kosovo".

 

Sheriff Hogg fined Scroggie £150 and refused a Crown motion to impose a football banning order. The judge added: "This was the height of stupidity. I still can't grasp why people shout this stuff - it has nothing to do with football and it has to stop."

 

STV

 

... and tell me, what again was he actually charged for and under which law?