Oli McBurnie: Footballer cleared of assault on pitch-invading fan
- Published
A footballer has been cleared of assaulting a fan who invaded the pitch following a Championship play-off match.
Nottingham Forest fan George Brinkley said Sheffield United striker Oli McBurnie had stamped on him following the clubs' semi-final game on 17 May.
Mr McBurnie denied assaulting the fan and said he had hopped over his alleged victim to protect his injured foot.
He was cleared of assault by beating on Thursday.
At Nottingham Magistrates' Court, District Judge Leo Pyle said: "[From] what I've heard over the last few days, the prosecution hasn't proved their case to the required standard.
"The phone footage clearly shows that he [Mr McBurnie] pulled his left leg back and over Brinkley's pulled up leg."
The court previously heard a pitch invasion began at Forest's City Ground following the penalty shoot-out that saw the home team qualify for the play-off final at Wembley.
Mr McBurnie had not been playing in the match, and was wearing a protective boot on his left leg due to an injury.
The prosecution showed footage to the court filmed by a home fan, which they alleged showed Mr McBurnie stamping on Mr Brinkley while he was on the floor, with a voice off-screen saying: "The Sheffield United player has stamped on him."
After the video footage went viral, the court heard Mr Brinkley made a report to the police in the early hours of 19 May.
He said he had suffered bruising to his leg but had not taken pictures of any injuries.
The judge said: "For someone so wedded to his phone and social media, one has to ask the obvious question: why didn't he photograph these bruises?"
He added: "What this witness describes and what is reality as far as evidence is concerned seems to diverge."
The district judge had been urged by Mr McBurnie's barrister to find that "a degree of club bias" was responsible for accounts given by witnesses about the incident.
In her closing speech Lisa Judge, defending, said the complainant in the case had lied about the incident and shown malice by sending an abusive Instagram message wishing death on Mr McBurnie and his family.
Mr McBurnie told the court he was trying to find his balance and stay out of the complainant's way during the incident.
He said: "Literally there is no space. There is nowhere else for me to go but to the right-hand side. My left foot is on the floor within his two legs.
"I was using my arms for balance - it was kind of a hopping motion. It's hard to get your balance with so many people and obstacles in the way."
In a tweet, external after the hearing, Sheffield United said the club was "pleased to note today's verdict at Nottingham Magistrates' Court with regards to Oliver McBurnie".
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- Published14 December 2022