McBurnie - Accused of stomping on a Forest fan

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Looking at the size of Viera recently I don’t think I’d tangle with him. More like PieTrick Viera lately.
 

Pedro's Winger said:
Vieira swung at and kicked someone who had clearly asked for it.
The Forest fans very likely also provoked our players but there's a big difference between reacting and then going further and stamping on someone who's already on the ground - if that is what happened.
You need to give your head a wobble if you fully back that.
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Maybe it wasn't a stamp:

A member of Sheffield United's staff, assistant kit man Adam Geelan, gave his version of events on Twitter, saying: "Fan illegally enters the pitch provokes and tries to push Rian (Brewster) he [sic] defends himself and the kid falls on Oli's broken foot can clearly see there's no stamp, ridiculous post especially when stewards and police were stood there watching it happen and was left to ourselves [sic] to defend."
www.google.co.uk

FA looking into footage after Sheff Utd's Oli McBurnie accused of 'stamping' on fan during pitch invasion at Nottingham Forest

The FA are aware of the footage involving McBurnie and looking into it; Nottinghamshire Police say they are investigating the incident shown in the video of McBurnie
www.google.co.uk www.google.co.uk
 
Pedro's Winger said:
I've already said several times 'if' McBurnie stamped on someone.
But if he did I'm surprised some folk seem to think it's ok to stamp on someone on the ground.
If someone severely provoked me and I reacted and knocked them down I'd feel justified and I suspect most people would understand it.
If I then went on to stamp on that person while they were on the ground I'd recognise I'd done something much worse.
Suspect the law would view the two things differently as well.
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"An assault is any act (and not mere omission to act) by which a person intentionally or recklessly causes another to suffer or apprehend immediate unlawful violence."

The law relating to assault doesn't distinguish between a kick whilst someone is on their feet or whether they are on the ground. Arguments that have been pursued in the past relate to whether it is an act of self defence and was reasonable force used to counteract a physical attack. As usual the definition of reasonable force is vague and dealt with on a case by case basis.

"self defence is where someone counteracts an attack or potential attack to defend themself against any harm."

Viera may be able to plead self defence in the light of extreme verbal provocation if a case against him is pursued. Unfortunately he is caught on camera pursuing someone and kicking them with no visible evidence of him being subjected to physical violence prior to this, although that is not to say it didn't happen.

In Mcb's case as he's now been arrested and bailed its probably not appropriate to drill down into the detail other than to say if it goes to Court the prosecution will have to prove beyond reasonable doubt that Mcb intentionally stamped or kicked the person on the ground whilst having to take into account mitigating factors such as extreme provocation. IMO what has been made public so far suggests that will be a difficult to prove.
 
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Addison said:
In Mcb's case as he's now been charged
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Don’t think he has been charged has he, thought he was arrested and bailed? If he only got a caution for the Knaresborough incident, it seems hard to believe that any further action will be taken in this case.

I was going to say that, having admitted to being on the pitch, the supporter should be charged with entering the field of play but, given that the twat who head butted Billy had the same charge dropped, I can’t see that happening either.
 
McBurnie has been bailed as Police will need to speak to other Blades players who witnessed it i.e. Brewster as well as any other witnesses.

If the Police can get hold of the "original" video and look at the time stamp on it then I've no doubt they'll see that the video was not created at the time of the incident, and was therefore edited and doctored, which then casts reasonable doubt over what is seen. It would also mean that the owner of the "original" video would be deemed an unreliable witness and could not give evidence against McBurnie as their evidence would undermine the case.

The Police aren't stupid and the fact that the video is 8 seconds long and only captures the middle of an incident will be as obvious to them as it is to us.
 
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Trafford said:
Don’t think he has been charged has he, thought he was arrested and bailed? If he only got a caution for the Knaresborough incident, it seems hard to believe that any further action will be taken in this case.

I was going to say that, having admitted to being on the pitch, the supporter should be charged with entering the field of play but, given that the twat who head butted Billy had the same charge dropped, I can’t see that happening either.
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Yes correct should have said bailed.
 
Pedro's Winger said:
Of course he shouldn't.
But once somebody's been put on the ground if you then go further and stamp on them you're in completely different territory.

The rider to all this is we don't know if McBurnie did actually stamp on him.
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From the footage we have seen up to now I don't think there is a chance in hell of McBurnie being convicted of stamping, it is impossible to say.

But, I would also say that there is a world of difference in stamping on someone & putting a foot on someone who is already on the ground & keeping them there so they can't get up & carry on assaulting you/them.
 
Trafford said:
Don’t think he has been charged has he, thought he was arrested and bailed? If he only got a caution for the Knaresborough incident, it seems hard to believe that any further action will be taken in this case.

I was going to say that, having admitted to being on the pitch, the supporter should be charged with entering the field of play but, given that the twat who head butted Billy had the same charge dropped, I can’t see that happening either.
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Reason that the Billytwat ‘encroachment wasn’t pursued (‘dropped’) was it was the ‘lesser’ of the 2 so wouldn’t have had any impact (😳) on nature / extent of sentence - compounded / confirmed by the twats guilty shout
 
Champagneblade said:
Funny you say that because Mersey police seem to work differently.

I seem to recall Gerrard on camera punching someone and he still got off.
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Yeah but that was in self defence mate........

The bloke had a face drawn in the back of his head.
 

FredZeppelin said:
I don't know about everyone else but I think we should show our support for George Brinkley, 26 of Sleaford.
The poor lad looks like he's starving and in need of comfort food in that photo. Maybe we could all send him a pizza or kebab tonight to help him through his terrible ordeal? Or get him a taxi (not a D Taxi!) to get him to therapy?
utb
Wonder if he likes parots?
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He's probably got enough pizza from what he's received from the Sun for his pathetic take on events
 
Pedro's Winger said:
Depends on whether McBurnie did stamp on the fan on the ground but if he did there's a significant difference between that and Vieira reacting to extreme provocation in the way he did.
Also be nice if McBurnie was occasionally in the news for scoring the odd goal instead of just about any and everything else.
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Pedro's Winger said:
Vieira swung at and kicked someone who had clearly asked for it.
The Forest fans very likely also provoked our players but there's a big difference between reacting and then going further and stamping on someone who's already on the ground - if that is what happened.
You need to give your head a wobble if you fully back that.
Click to expand...

Any thought's on Brewster's involvement? He clearly drags the Forest fan to the ground from behind. Or do you like Brewster as a footballer?
 
Pedro's Winger said:
Vieira swung at and kicked someone who had clearly asked for it.
The Forest fans very likely also provoked our players but there's a big difference between reacting and then going further and stamping on someone who's already on the ground - if that is what happened.
You need to give your head a wobble if you fully back that.
Click to expand...
Given what happened to Sharp how does Mcburnie know if he's going to be attacked, it all boils down to the one thing, that twat shouldn't have entered the field of play and put himself in that position. Mcburnie should be defended to the hilt on this in my humble opinion
 
Trafford said:
I was going to say that, having admitted to being on the pitch, the supporter should be charged with entering the field of play but, given that the twat who head butted Billy had the same charge dropped, I can’t see that happening either.
Click to expand...
There's a reason that particular charge was dropped, and which has been adequately explained in the Sharp thread. :)
 
All the legal stuff on here is giving me flash backs almost exactly 10 years ago to the Ched Evans trial.
 

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