Crown accused of acting inconsistently with football complaints

The Crown Office has been accused of failing to act properly over a complaint it received over claims that inaccurate evidence given by a police sergeant resulted in the conviction of two football fans.

A lawyer as well as campaigners have said the Crown Office has acted inconsistently in its investigations into complaints after it previously raised concerns in another case with the internal police watchdog – leading to a fan’s acquittal over a “kettling” incident.

In this case the Lord Advocate, Frank Mulholland QC and Police Scotland said they will not be advancing a complaint of perjury against a sergeant within the single force’s football unit who was a key witness and whose evidence is contested.

However, lawyers for William Donnelly and Martin Walsh, both of whom were convicted under the Offensive Behaviour Act 2012, complained about the Crown’s handling of complaints.

Lawyer Paul Kavanagh said: “In the previous (kettling) case I gave a three-hour statement to the police. I have had no contact from anyone since.

“What is being contested by the complainers was said in open court and the evidence by the officer was very specific. The complainers have been able to produce evidence from numerous supporters’ groups which is at odds with the police evidence.

“If perjury has been committed that’s for someone else to decide but I’ve never been asked to assist in any investigation into the Walsh and Donnelly complaints and neither has the accused.”

The men were charged with behaving in a way likely to incite public disorder by singing the Roll of Honour – a song commemorating hunger strikes in 1981 involving the Provisional IRA and the INLA.

Fans Against Criminalisation (FAC) claimed the police evidence were grounds for investigation. In particular, it questioned the officer’s claim Celticand other clubs warned supporters about signing the song, meaning the pair would have known it was banned.

FAC’s Jeanette Findlay said: “I reported a serious crime in March and it took to October before anyone took a statement from me or looked at the evidence I had. I have been stonewalled at every turn since.”