Celtic supporter who called policeman a ‘hun’ correctly convicted of uttering sectarian remark, Sheriff Appeal Court rules

About this case:

• Citation:
  [2023] SAC (Crim) 7
• Judgment:
  External link
• Court:
  Sheriff Appeal Court
• Judge:
  Sheriff Principal Aisha Anwar

It was argued by counsel for David Di Pinto, who had been attending the Scottish League Cup final in December 2021, that the term did not display ill-will towards members of the Protestant faith, and the sheriff was wrong to hold that such a meaning was within judicial knowledge.

The appeal was heard by Sheriffs Principal Aisha Anwar and Derek Pyle, together with Appeal Sheriff Brian Mohan. Ogg, solicitor advocate, appeared for the appellant and McKenna, solicitor advocate, for the Crown.

Entitled to infer

On 19 December 2021, the appellant attended the Scottish League Cup final between Celtic FC and Hibernian FC at Hampden Park, Glasgow. He was highly intoxicated and behaving in an aggressive manner and was shouting and swearing at other supporters in the crowd. He was approached by two police constables who were alerted to his behaviour, who asked him to refrain from causing a disturbance. The appellant proceeded to swear at them, including use of the term “hun”, and flailing his arms, after which he was removed from the stadium.

At trial, the appellant accepted he was guilty of an offence under the Criminal Justice (Scotland) Act 2010 but denied it was aggravated by religious prejudice. One of the constables, PC Atkinson, said in evidence that, while he was not a theologian, he understood “hun” to be a derogatory term used for a supporter of Rangers FC. In the absence of evidence dealing directly with the issue, the summary sheriff agreed with a Crown invitation to accept that, as a matter of judicial knowledge, the term “hun” was a sectarian remark.

For the appellant it was submitted that the term was not anti-Protestant, although used against supporters of Rangers FC, perceived as having predominantly Protestant support. The constable had not indicated that he understood the term was directed at those of the Protestant faith, nor were Rangers playing that day. While it was within judicial knowledge that “hun” was an anti-Rangers term, it was not within judicial knowledge that it was a slur for an individual of Protestant faith.

The advocate depute submitted that the inference the sheriff made was not contrary to PC Atkinson’s evidence, but rather in accordance with it. While the word “hun” did have other meanings, as highlighted by counsel for the appellant, the sheriff was entitled to infer on the facts before him that it was a sectarian slur.

Local knowledge

Delivering the opinion of the court, Sheriff Principal Anwar observed: “It matters not, in the present case, whether Rangers FC were playing in the football match, whether the appellant knew the constable to have been a supporter of Rangers FC or whether he knew the constable to be a member of the Protestant faith. Nor is it of any consequence that the constable did not expressly state whether he understood the reference to ‘hun’ to be a reference to a particular religious faith, if the use of the term is generally understood as such within society and can be deemed to be within judicial knowledge.”

On the scope of judicial knowledge in this case, she said: “The fact that the word ‘hun’ is used as a derogatory term to describe supporters of Rangers FC, who are perceived to be predominantly of the Protestant faith, is, in our view, a matter of judicial knowledge. The local knowledge of the sheriff who had little hesitation in concluding that the term ‘hun’ was ‘sectarian as being an offensive slur directed at someone of Protestant faith’ requires to be afforded considerable respect.”

She continued: “There are many theories and much speculation as to the origins of the term ‘hun’. It is variously claimed as a reference to nomadic people who invaded the Roman Empire in the fourth and fifth centuries, as a derogatory name for German soldiers or as a colloquial reference to a savage. We do not accept that in a footballing context those using the term are doing so by any genuine reference to its historic usage.”

Sheriff Principal Anwar concluded: “Whatever the historical origins of the word, in its modern usage well informed persons in the west of Scotland recognise that when used in a footballing context, the word has now been adopted as an abusive sectarian term used to cause offence to those of the Protestant faith, not simply as a reference to a supporter of Rangers FC.”

The court proceeded to answer the questions of appeal in the negative and refuse the appeal.