Hearts fan cleared of assaulting Celtic boss Neil Lennon

by The Galveston Giant Wed 31 Aug 2011, 6:06 pm

A HEARTS fan has been dramatically cleared of assaulting Celtic manager Neil Lennon during a match last season after a jury found the charge not proven.

John Wilson, 26, was accused of a sectarian attack on the football boss as his side played Hearts in a crucial SPL game at Tynecastle.

A jury at Edinburgh Sheriff Court said the charge against Wilson, from the city, was not proven.

However, Wilson was convicted of a breach of the peace on May 11.

http://edinburghnews.scotsman.com/edinburgh/Hearts-fan-cleared-of-assaulting.6828361.jp

by The Galveston Giant Wed 31 Aug 2011, 6:07 pm

Not quite sure how they came to that decision, not a lot out yet about the story.

by AberdeenSteve Wed 31 Aug 2011, 6:33 pm

Absolute disgrace. The guy is on effing video punching Lennon.

I actually feel sorry for Neil right now.

by The Galveston Giant Wed 31 Aug 2011, 6:35 pm

Strange decision isn't it.

by AberdeenSteve Wed 31 Aug 2011, 6:45 pm

It is baffling! Does CCTV mean nothing these days?

by Kay Fabe Wed 31 Aug 2011, 7:03 pm

It would be funny if it wasn't so vile, good old Brittish Justice System

by Celtic Warrior Wed 31 Aug 2011, 7:18 pm

That is unreal. The guy was caught on live TV trying to attack him and he gets away with it??

by The Galveston Giant Wed 31 Aug 2011, 7:19 pm

Going to be interesting to hear how they managed to come to that decision.

by Doon the Water Wed 31 Aug 2011, 10:04 pm

If he is not proven then the Hearts security guy is on sticky ground.
Bit of a daft charge by the prosecutors.
He plead guilty to breach of the peace and will probably get the max sentence.

by Doon the Water Wed 31 Aug 2011, 10:08 pm

PS
It was proving the bigotry allegation that was difficult and the reason for him getting off the charge.

by Kay Fabe Wed 31 Aug 2011, 10:15 pm

Yeah the 'jury' didn't believe 5 cops a steward Neil Lennon and Alan Thompson

by User Name Thu 01 Sep 2011, 5:09 am

I think if it was just assault he would've been guilty, but its cos they tried to add the race/religion card to it, that cant be proven.

by Kay Fabe Thu 01 Sep 2011, 9:34 am

If he called him it though and their was sufficent evidence and credible witnesses then they have every right to add the charge, if people don't consider Lennon and Thompson credible surely they consider 5 cops and a Hearts steward credible, the Jury no what they've done here and it stinks

by Davie Thu 01 Sep 2011, 9:53 am

Isn't it the case that "not proven" is different from "not guilty"? I don't think "not proven" has an equivalent in English law - it's a purely scottish thing.

As people have said he was still found guilty of the breach of the peace and therefore will be punished for that. It is the sectarian element that was "not proven"

Maybe they thought he just wanted to beat Lennon up because he's an annoying little prat and no other reason

by super_realist Thu 01 Sep 2011, 10:54 am

Perfect opportunity to rid society of those idiots who pretend to pin their beliefs on ridiculous, childish and stupid religious differences.
Sniper at the ready.

by Doon the Water Thu 01 Sep 2011, 11:51 am

SR
The guys father is a Catholic and so is his daughter, sounds to me like the prosecution tried to tie on the religeous bit for a heavier sentence and failed miserably. I think Davie got the real reason of the attack, football not religeon.
The jury must have had a good reason to call not proven.

by super_realist Thu 01 Sep 2011, 12:30 pm

I'm not concerned about that Doon, I just think that religion is the most preposterous thing in the world to create conflict over, especially when the majority of people who are involved in sectarianism probably aren't even religious, but then that's the petiness of certain elements of sad West Coasters and NI'ish.

by Doon the Water Thu 01 Sep 2011, 1:10 pm

SR
Totally agree with you there.
I'm from the East Coast and spent most of my working life 'dawn souff'.
When we retired to the West Coast 12 years ago I could not believe the whole sectarian thing was still going on.
Thought that had finished with C5's and Spangles.

by super_realist Thu 01 Sep 2011, 1:55 pm

Doon, never underestimate the stupidness of (certain) west coasters. I think we east-coasters are a bit more grown up.

by Kay Fabe Thu 01 Sep 2011, 2:29 pm

I don't think it matters what the guys father or daughter is, a n ex mate of mines mum is a catholic and his two kids are at catholic schools yet he got done for sectarian abuse as well as GBH, what his family are mean absolutely nothing in to what he'll shout in the heat of the moment, if 5 cops and a Hearts steward can't be believed over a thug who tried to attack someone on live TV then thats the true crime in all of this. We all know why that 'jury' came up with the shambolic verdict

by Doon the Water Thu 01 Sep 2011, 5:36 pm

Gaffer
I think it was only the Hearts head of security who accused him of using 'that word'. You could argue that he had failed miserably in his duty and was perhaps adding a bit more to the facts. The jury clearly did not believe him so you have to blame the prosecution or as some folk may call them 'the establishment' for getting it wrong.
Me ~ I would lock him up and throw away the key, and I am a Jambo.

by Kay Fabe Thu 01 Sep 2011, 6:15 pm

I don't blame the prosecution at all, from all accounts they did their jobs impecably, the ones to blame are those who where on the Jury, they cleared him of assault when the guys own brief encouraged them to find him guilty, the guy admitted it and wrote a letter of apology for it yet he was cleared of that offence, this isn't a fault of the Crown, this was blatently sinister

by Davie Thu 01 Sep 2011, 8:16 pm

the-gaffer wrote:they cleared him of assault

They didn't clear him of assault. The verdict was "not proven" on the charge of a sectarian offense - not the same as clearing him. He was convicted on the charge of breaching the peace

by Kay Fabe Thu 01 Sep 2011, 8:31 pm

he got not proven for sectarianism, he got not guilty of assault and get done with breach, unless of course Paul McBride QC and the 6 o'clock news is wrong

by Davie Thu 01 Sep 2011, 8:35 pm

From The Guardian

On Wednesday a jury at Edinburgh sheriff court failed to convict John Wilson of an assault aggravated by religious prejudice during a game between Hearts and Celtic in May. Wilson was found guilty of breach of the peace.

http://www.guardian.co.uk/football/2011/sep/01/celtic-neil-lennon-court-verdict

by Kay Fabe Thu 01 Sep 2011, 8:48 pm

From the record
"The Jury could also have found Wilson guilty of assault, after deleting the allegation of religious prejudice in the charge. They did not do so"

by Davie Thu 01 Sep 2011, 9:01 pm

Got a link for that?

by super_realist Thu 01 Sep 2011, 9:07 pm

I wish both sides of the ssectarian divide would just grow up and stop being on standby to be offended, it's just religion for goodness sake, and most of those who say they are affected probably don't even believe or go to church.

Is it really worth getting upset about?

by Kay Fabe Thu 01 Sep 2011, 9:12 pm

Davie I'm on my phone snd still not mastered posting links, look on the site and you should have no problem finding it

by Davie Thu 01 Sep 2011, 9:23 pm

From The Daily Record (I assume that's what you mean by "the record")

http://www.dailyrecord.co.uk/2011/09/01/celtic-manager-neil-lennon-disheartened-and-confused-by-verdict-in-assault-case-86908-23389072/

Celtic manager Neil Lennon 'disheartened and confused' by verdict in assault case

Sep 1 2011

CELTIC manager Neil Lennon has been left "pretty disheartened, pretty confused" after a jury cleared his alleged attacker of assault.

Club chief executive Peter Lawwell spoke out today following the not proven verdict yesterday against Hearts fan John Wilson.

He said: "Celtic has been an inclusive, diverse club open to all since its foundation and that is something we are extremely proud of and maintain today as one of the key values of Celtic.

"In terms of yesterday's verdict I think most people would be baffled and find it difficult to comprehend the judgment and the verdict there.

"The point I'd like to make is this is also a human issue here and I think we need to think about Neil Lennon at this point and the human consequences.

"He was left pretty disheartened, pretty confused, and we have to try and rebuild him and support him in another body blow. I would like to think that the right-minded people would join us in that."

Mr Lawwell's remarks came after the Lord Advocate defended the Crown's decision to prosecute Wilson for alleged sectarian remarks.Frank Mulholland QC said there was evidence "capable of being regarded as credible and reliable" in the case of the supporter, who was yesterday cleared of a sectarian assault on Mr Lennon.

Mr Mulholland said: "The Crown takes all forms of hate crime very seriously. Our decision to prosecute John Wilson for alleged sectarian remarks was the right one.

"We respect the decision of the jury but will continue to prosecute as a hate crime any offence where there is a sufficiency of evidence.

"In the case against John Wilson there was evidence which was capable of being regarded as credible and reliable from a witness who attributed a sectarian remark to Mr Wilson at the time of the incident."

Labour MSP Michael McMahon said parliament should consider the future of the 'not proven' verdict in the justice system.

He previously introduced a consultation on proposed legislation to abolish the second acquittal.

Mr McMahon said: "The Neil Lennon case once again highlights the problems with the 'not proven' verdict. Millions saw the incident on television and were astonished by the verdict.

"It is important the public have faith in our justice system and this comes at a sensitive time for Scotland as we try to come to terms with how we deal with sectarianism.

"I believe the 'not proven' verdict is both unjust and unnecessary. I know of too many occasions on which victims or their families have been left aggrieved at a 'not proven' outcome in much more serious cases than this, albeit they were not as high profile.

"I also don't think anybody gets closure - whether it's the families of victims or the accused.

"You are either 'guilty' or 'not guilty'. A Bill is long overdue and if enacted would bring Scotland back into line with the rest of the world.

"Equally there are times when accused persons have been left with a cloud of suspicion hanging over them."

Wilson, 26, was accused of a sectarian attack on the football boss as his side played Hearts in a crucial Scottish Premier League game at Tynecastle stadium in Edinburgh.

A jury at Edinburgh Sheriff Court said the charge against Wilson, from the city, was not proven.

However, Wilson, a Hearts fan, was convicted of a breach of the peace on May 11 last year.

Mr Mulholland added: "The jury heard all the evidence and convicted Mr Wilson of breach of the peace without the hate aggravation and found him not guilty of the charge of assault which also contained a hate aggravation.

"The Crown does not comment on any jury's verdict. That is a matter solely for them. The Crown will continue to prosecute all hate crimes when there is sufficient evidence in law to justify such charges being brought before the court."

Wilson was remanded in custody and sentencing on the breach of the peace conviction was deferred until September 14.

I've read it a couple of times and find no reference to the bit you posted. I highlighted one part myself - backing up what I said before. It was a breach of the peace but the charge of assault, containing allegations of "hate crime" was tossed out.

Perhaps the fault here is with the system that tried to compound the assault charge (which it undoubtedly was) with extra charges of sectarianism.

by Celtic Warrior Thu 01 Sep 2011, 9:27 pm

From the Daily Record...

A football yob was sensationally cleared yesterday of assaulting Neil Lennon - even though he admitted the attack.

Lennon's agent Martin Reilly said the not proven verdict on John Wilson had left the Celtic boss "absolutely raging".

Reilly added: "To say he's disgusted is an understatement."

Celtic described the jury's decision as "difficult to comprehend".

QC Paul McBride, who has acted for Lennon in the past, said: "It's a day of shame for Scottish justice."

Millions of TV viewers watched live as Hearts fan Wilson, 26, invaded the pitch at Tynecastle in May and charged towards Lennon on the sideline.

The father of three conceded, to his own lawyer in open court, that he lunged at Lennon, struck him on the head and assaulted him.

He even tried to plead guilty earlier in his trial to the assault - if prosecutors agreed to remove a claim that the attack was "aggravated by religious prejudice". Crown lawyers rejected his request.

Before the jury retired, Wilson's lawyer David Nicolson specifically reminded them of his client's offer to plead guilty to assault.

The panel of eight men and seven women were out for two-and-a-half hours. They asked during their deliberations to look again at a video of Wilson's pitch invasion, which was shown on TV all over the world.

But when the jury returned to court, there was stunned silence when they cleared Wilson completely of attacking Lennon.

They convicted the jobless labourer only of breach of the peace, after deleting the part of the charge which alleged that offence was aggravated by religious prejudice.

The highlighted section would be what Gaffer is referring to. They cleared him completely of assault after deleting the part of the charge that alleged the religious reasoning for the attack.

by Davie Thu 01 Sep 2011, 9:35 pm

Maybe you should have highlighted this part

He even tried to plead guilty earlier in his trial to the assault - if prosecutors agreed to remove a claim that the attack was "aggravated by religious prejudice". Crown lawyers rejected his request.

by Celtic Warrior Thu 01 Sep 2011, 9:42 pm

Why would I bother? I provided the story that Gaffer mentioned that you wanted a link to. I highlighted the section he was referring to.

I don't think there was enough proof for the religious connotations, but I still think that it's ludicrous that a jury could clear the guy completely. He was caught on LIVE TV in a stadium of people and he admitted in court that he assaulted him.

"Nah; I don't think he did it - Not guilty"

The fact that the crown lawyers rejected that request should be of no consequence. The guy did it. Of that there is NO doubt.

by Kay Fabe Thu 01 Sep 2011, 10:04 pm

CW the bit I was referring to comes just after you stopped C & P'ing, its one or two pragraphs underneath

by Celtic Warrior Thu 01 Sep 2011, 10:05 pm

the-gaffer wrote:CW the bit I was referring to comes just after you stopped C & P'ing, its one or two pragraphs underneath

Ah okay - apologies. The post is linked; I guess they can look for themselves

by Kay Fabe Thu 01 Sep 2011, 10:12 pm

cheers anyway mate, I'm struggling on this phone Smile

by User Name Fri 02 Sep 2011, 5:44 am

TBF the guy didn't actually hit Lennon, he missed.

by Kay Fabe Sat 03 Sep 2011, 2:22 pm

why did he admitthe assault then and why did the guys own brief instruct the jury to find him guilty of that particular offence? He struck Lennon, he never got anywhere near the contact he wanted but he managed to clip his neck/head, for anyone to get that close to a guy who has to employ a bodygaurd after death threats is shocking

by JAS Thu 15 Sep 2011, 10:18 pm

the-gaffer wrote:why did he admitthe assault then and why did the guys own brief instruct the jury to find him guilty of that particular offence? He struck Lennon, he never got anywhere near the contact he wanted but he managed to clip his neck/head, for anyone to get that close to a guy who has to employ a bodygaurd after death threats is shocking

Indeed, I'd sack the bodyguard....where was he??

by SugarRayRussell (PBK) Thu 15 Sep 2011, 10:41 pm

So the guy gets 8 month for breach of the peace! Then gets released due to backdated sentencing! So much for Salmond and his getting tough on the bigots cr@p! If it was an old firm fan and not one from the east he would have got a few years!

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