Sheffield Utd star McBurnie cleared over 'assault on fan' during pitch invasion as lawyer says he has 'stern resting face'
15 December 2022, 17:20
Sheffield United star Oli McBurnie has been cleared of assaulting a fan during a pitch invasion.
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The striker said he had jumped over Nottingham Forest supporter George Brinkley to evade him, with his barrister comparing him to a ballerina.
McBurnie's side had just lost to Forest on penalties in May's Championship play-off semi-final at Nottingham's City Ground.
Prosecutors claimed McBurnie was in a "red mist", furious at the defeat as fans ran onto the pitch, while the defence said witnesses to the incident suffered from "a degree of club bias".
The footballer, who was sidelined through injury in the game, denied assault by beating and walked free after District Judge Leo Pyle said Mr Brinkley's evidence was "somewhat flimsy".
"The defendant's foot is nowhere near Mr Brinkley's left shin. He [McBurnie] quickly and clearly lifts his leg up to avoid the complainant."
Mr Brinkley told the court he thought he had been singled out after telling McBurnie "you're s*** at football, I;m better than you" in a half time exchange near the dugout.
But Lisa Judge, defending McBurnie, said the complainant had lied, and that he wished for the footballer's death in a message on Instagram.
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She said a video that made McBurnie look angry was down to the fact the player could have a "stern resting face".
"The prosecution opened this case on that boot following through into a stamp. It's quite clear that boot lifted up like a ballerina, trying to clear the legs of Mr Brinkley [who was] clutching his bottle and his programme, lying on the floor of a pitch he should not have been on," she told the court.
McBurnie had been in a protective boot as he watched the game, having been out injured with broken bones and a torn ligament.
He said of the incident: "I am trying my best to stay out of his way. 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."
The judge said film footage showed McBurnie had pulled his leg over Mr Brinkley's legs.
"The defendant's foot is nowhere near Mr Brinkley's left shin. He (McBurnie) quickly and clearly lifts his leg up to avoid the complainant.
"It was clear from his evidence that he had no recollection of Brinkley's exchange with him at half-time.
"He witnessed the Billy Sharp incident - the team captain being headbutted - and he saw the assailant in a yellow jacket, and him making off.
"He confirmed to me that his left booted leg was between Brinkley's leg and he described his actions."
The judge added: "The prosecution have not proved their case to the required standard and the charge against you is dismissed."
