Brewster and McBurnie Charged

[Tarqs]

That x ray vision you have is something else.

Nah, If you look closely you can even see the grin on McBurnies face.

 

[Greenwich Blade]

I deal in facts, my friend. Billy didn’t have a broken jaw and owning a dog doesn’t equate to shagging one. This Forest fan is clearly a tool, though. Still fear McB might be convicted.

If you deal in facts, why are you calling N'Diayewillalwaysloveyou your friend?
I can be humourless and pedantic too, you know.

 

[Barney Rubble]

Wasn't Bogle in a leg brace at the time?
That blokes evidence is a waste of space as he's describing the wrong player. I don't think McBurnie had even left the pitch as him and Brewster clearly recognised the fucker who'd done Billy when he ran past him.

You surely aren't suggesting it is hard to tell Bogle from McBurnie????

Sherlock Holmes :
'When you have eliminated all that is impossible, then whatever remains, however improbable, must be the truth'

Still at least it suggests that the witness isn't racist.

 

[Welton Blade]

Reading that, it makes it difficult to understand why the charges against RB were dropped as all three seem to have been proven yesterday.
The key for OM is whether point 1 can be proven.

Bearing in mind that ALL 3 points must be proven, point 3 also looks challenging - certainly beyond reasonable doubt.

Our man is in a protective boot and being jostled by a crowd, whilst standing over the IP and trying to maintain balance.

Difficult to prove that in putting down his good foot, he 'intentionally and recklessly' brought it down deliberately onto the 'victim'

 

[mattbianco1]

Here's the clip again for those that want a refresher. If you slow the speed down on YouTube to 0.25 it's a bit easier to see although grainy.

If you freeze at 8secs in, you can see that McBurnie is straddling the kid. His feet are either side of his body:


He then shuffles his feet (doesn't raise either foot)... maybe he's giving him a slight dig in the ribs, but he's not stamping as the witnesses suggest. It lasts for less than 1sec before he manages to scoop his moonboot over his body and clear of him.

It's at this point bodies come in and block the view of both McBurnie and the "victim". Are people suggesting he stamped AFTER this, or is this the stamp they claim?... his legs are either side of him

 

[bartman]

New link

Updates as footballer's trial continues over alleged stamp on fan

The incident allegedly happened at the City Ground

www.nottinghampost.com

 

[mattbianco1]

McBurnie also handed police an Instagram message from the complainant, where he told McBurnie he was reporting him for assault and to "enjoy the repercussions, you *****".

I mean, surely that's enough to see he's a little prick and even if he wasn't stamped on, probably deserved to be

 

[Zipwire]

I can't imagine that the CPS would have taken this to court if they didn't think there was a serious case to answer, however having seen the post match scenes on the video (posted earlier) I can't believe they don't believe there are extenuating circumstances.

I was in the away end on the night and I stood and watched (from the back row) the mob of Nottingham Forest fans trying to get at the Blades fans as they left the stadium. I suggest if there had been less stewards required to hold the Forest fans back, there might have been more stewards available to prevent the mob attacking Billy Sharp and the follow up nonsense wouldn't have happened. As I see it the culprits were the Forest fans on the pitch and Nottingham Forest FC for not having adequate security.

I was on the away end last night and saw all of that, and was with a mate and we had our sons with us, aged at the time 10 and 12. Walked back to Nottingham Station and got spat at, abused and told within earshot that I'd get my face smashed in if I didn't have the kids with me. Ended up getting on the train with too very frightened children. Then found out that Billy Sharp had been headbutted and was laid out on the pitch at the City Ground.

Still we've not let it deter us and none of us stopped going to matches as the ordeal was nowhere near the trauma that poor George Brinkley I can only hope that if he has been offered proper support and is back attended matches soon.

 

[cahill]

On the positive side. Ben Stokes got cleared of his alleged assault, that was in front of a jury though. His confrontation was clearly filmed but they decided he was provoked, could work out that way for OM , hopefully.

Yes but he was “ defending two minority individuals” hence a noble act.

 

[Torrix1889]

TBF does look like Oli probably stamped on him...

100% it does, throw the book at him..

 

[Harrisblade]

Watching the video taken from the stand it looks like RB pulls Dog Nonce away from Bogle and on to the floor, which is probably seen as a reasonable course of action to protect his colleague given the situation they found themselves in with Billy having just been attacked moments earlier.

McBurnie is then argued to have stamped on him by Dog Nonce plus 2 other witnesses which certainly could be the case from the video which can be argued isn't a reasonable course of action if you are simply defending yourself.

Personally if I was in that situation and managed to get somebody you believe to be attacking you (or somebody with you) onto the floor you probably would stamp on them to stop them getting straight back up and having another go. McBurnie's defence I'm guessing will either be that he tripped or that he was taking steps to protect himself when he thought him and his mates had effectively becoming sitting ducks.

As an aside its interesting to see the Forest stewards didn't seem to do anything to protect the players in the first place which could have stopped all this but stood there and took in every detail to give against them in court. Lowlifes at that club from top to bottom.

Anyway I hope the £500 compensation that the Dog Nonce will probably end up with is worth making such a show of himself for.

Assuming the moon boot was being worn because it was still needed, if you were going to stamp on someone, would you stamp on them with your injured, moon boot foot, or your non-injured foot, thus transferring your entire body weight on to your injured foot?

 

[cahill]

I was on the away end last night and saw all of that, and was with a mate and we had our sons with us, aged at the time 10 and 12. Walked back to Nottingham Station and got spat at, abused and told within earshot that I'd get my face smashed in if I didn't have the kids with me. Ended up getting on the train with too very frightened children. Then found out that Billy Sharp had been headbutted and was laid out on the pitch at the City Ground.

Still we've not let it deter us and none of us stopped going to matches as the ordeal was nowhere near the trauma that poor George Brinkley I can only hope that if he has been offered proper support and is back attended matches soon.

The poor little lamb.

 

[WORKSOPBLADE]

Police officers now giving evidence…. This may be key.

 

[mattbianco1]

Assuming the moon boot was being worn because it was still needed, if you were going to stamp on someone, would you stamp on them with your injured, moon boot foot, or your non-injured foot, thus transferring your entire body weight on to your injured foot?

Have they said they think it was the boot that stamped on him? If so, that is totally bollocks. The video i posted above proves that

 

[Blade56]

Nah, If you look closely you can even see the grin on McBurnies face.

Your vision not accurate, remember he had an angry face under his hood not a grin

 

[mattbianco1]

Can anybody explain how a choke hold from behind isn't assault? How come Brewster was let off without trial?

Video clearly shows this and it can't be questioned that it happened.

 

[Champagneblade]

McBurnie has denied stamping on him at all. There's 3 witnesses stating he did stamp on him:

The Dog botherer - who doesnt appear to have seen who it was despite blaming him on Instagram the following day, then seeing the video a couple of days later

The 14 year old

The forest employee - who said Oli had his hood up and was moving around quickly. The videos clearly show no sign of a hood, and he was in a bloody moonboot so wasn't exactly sprinting around

On that basis the witnesses are pretty damn unreliable, Oli has straight up denied any stamping, so no doubt he'll be found guilty and miss the rest of the season before going back to Swansea on a free.

I'd imagine it ks very difficult to differentiate between a stamp and a guy with a surgical boot on, unbalanced trying to put his foot down. Of course it is a thrusting motion, your leg is heavier than usual. How are they expecting him to stand? Like Daniel LaRusso?

 

[Harrisblade]

Have they said they think it was the boot that stamped on him? If so, that is totally bollocks. The video i posted above proves that

Don't know.
My point was that whichever foot was used to stamp with, the injured foot would be taking a lot of discomfort.

 

[bartman]

The police evidence didn't last long

This might do,thou

Oli McBurnie​

McBurnie is about to give evidence.

 

[Snowflake]

Can anybody explain how a choke hold from behind isn't assault? How come Brewster was let off without trial?

Video clearly shows this and it can't be questioned that it happened.

Choke hold was a defensive act to protect himself and/or those around him.
Deliberately stamping on someone on the floor is not.
The question is did McB clearly stamp on him intentionally or recklessly ?

 

[Ainsley Harriott]

Can anybody explain how a choke hold from behind isn't assault? How come Brewster was let off without trial?

Video clearly shows this and it can't be questioned that it happened.

I think that has been asked but no real answer given. Does seem a little odd.

 

[Sheffsteel]

Surely it’s a mitigating factor is it not. If I assault somebody in the street compared to whether a threatening intoxicated ( possibly) mob invade my place of work , seriously assaulting, a colleague and I ( feeling threatened ) lash out ?

Agree you would have thought mitigating circumstances have a significant effect.

McBurnie had just narrowly lost one of the most important matches of his life.
He's just witnessed his colleague and friend be attacked and will have felt very unsafe.
and he was surrounded by 100's of opposition fans intentionally and unintentionally goading him just by their presence on the pitch.

 

[Blade56]

The police evidence didn't last long

This might do,thou

Oli McBurnie​

McBurnie is about to give evidence.

Say no comment Oli, always works for scumbags ont telly

 

[Ainsley Harriott]

Regards the messages he has sent McBurnie - 'enjoy the repercussions you *****', and wishing death upon his family, this guy doesn't deserve a trial. He's a vile little man who thinks he can say and do what he wants without it coming back on him. He's the kind of guy that gives out wanker signs to people on a platform as his train pulls out. He's dished out what he called banter at half time and is now in court because he was allegedly stamped on by that person. As I say, he doesn't deserve a trial. Let this be a life lesson for him.

Everything you say and do, can and will, have consequences.

 

[Harry's Game]

Don’t call the Solicitor babes would be my advice

 

[Tarqs]

Your vision not accurate, remember he had an angry face under his hood not a grin

Nah, the angry face was when spotted in tunnel by security bloke, the grin was reported by our little lamb as he was stood over him (which he remembers, but couldn't remember.... if you remember)....

Fuck

 

[Southend Blade]

Doubt he will find a “no win no fee” lawyer for a Criminal Injury claim. It would not appeal to them.

How could he claim here anyway as he was on the pitch illegally? Surely that would negate any claim he had

 

[Houston_Blade]

Not sure if this bloke is updating his feed or not but found this

 

[Addison]

We are only getting extracts written by a journalist who will be selective as to what was said preferring to pick the more sensational matters as is the way of a journo. We are not a party to the entirety of the evidence and salient key points of law will have been missed.

From the limited information provided it seems the prosecution case is Mcb deliberately injured the alleged victim in the form of a stamp or stamps whilst he was lying on the floor. There are additional inferences that Mcb should have been down the tunnel and sought out his alleged victim to carry out some form of retribution as a result of alleged earlier banter. The case may well rest on the perceived action of stamping and whether it in fact occurred, was intentional or accidental. Herein lies the issue for the defence. There are 2 witnesses who state they saw the alleged act. One is a Security Officer in a position of responsibility, who may carry some weight with the magistrates.`

For a guilty verdict to occur it has to be proved beyond reasonable doubt that Mcb intended to assault the alleged victim. The three factors in proving assault by beating also have to be reached. Casting doubt as to whether the 2 witnesses had a clear view of the actions of Mcb in a hostile/volatile environment where the incident happened in a matter of seconds surrounded by a number of people will be critical to a successful defence imo. How certain were they a stamp occurred and that it was deliberate? What caused them to believe this? Could they be mistaken and it was a coming together in the melee? All valid questions.

Counsel representing Mcb is described as having a heavyweight criminal practice in addition to her health and safety portfolio. She also has a reputation for being a robust and skilled advocate so I'm sure Mcb is well represented. How Mcb performs in the witness box today will have a bearing on the outcome of the case.

Whilst this is in front of 3 magistrates and not a jury commenting on the credibility of the parties and evidence on social media whilst a trial is in motion could still be frowned upon by the District Judge who is one of the 3 sitting. So people should take some care in the language they use until the trial is concluded.

 

[Houston_Blade]

We are only getting extracts written by a journalist who will be selective as to what was said preferring to pick the more sensational matters as is the way of a journo. We are not a party to the entirety of the evidence and salient key points of law will have been missed.

From the limited information provided it seems the prosecution case is Mcb deliberately injured the alleged victim in the form of a stamp or stamps whilst he was lying on the floor. There are additional inferences that Mcb should have been down the tunnel and sought out his alleged victim to carry out some form of retribution as a result of alleged earlier banter. The case may well rest on the perceived action of stamping and whether it in fact occurred, was intentional or accidental. Herein lies the issue for the defence. There are 2 witnesses who state they saw the alleged act. One is a Security Officer in a position of responsibility, who may carry some weight with the magistrates.`

For a guilty verdict to occur it has to be proved beyond reasonable doubt that Mcb intended to assault the alleged victim. The three factors in proving assault by beating also have to be reached. Casting doubt as to whether the 2 witnesses had a clear view of the actions of Mcb in a hostile/volatile environment where the incident happened in a matter of seconds surrounded by a number of people will be critical to a successful defence imo. How certain were they a stamp occurred and that it was deliberate? What caused them to believe this? Could they be mistaken and it was a coming together in the melee? All valid questions.

Counsel representing Mcb is described as having a heavyweight criminal practice in addition to her health and safety portfolio. She also has a reputation for being a robust and skilled advocate so I'm sure Mcb is well represented. How Mcb performs in the witness box today will have a bearing on the outcome of the case.

Whilst this is in front of 3 magistrates and not a jury commenting on the credibility of the parties and evidence on social media whilst a trial is in motion could still be frowned upon by the District Judge who is one of the 3 sitting. So people should take some care in the language they use until the trial is concluded.

I was hoping you'd give a more professional opinion than the internet lawyers have been, cheers for this.