Sheriff unable to impose football banning order on smoke bomb fan

Sheriff Tait at Perth Sheriff Court could not impose a football banning order on Colum Martin, 24, because he had not actually set the canisters off when caught by police.

Mr Martin was arrested last December before Celtic’s win Scottish Premiership win against St Johnstone at McDiarmid Park.

He was sentenced yesterday after admitting attempting to enter the stadium with controlled devices.

According to fiscal depute Rebecca Kynaston, the Crown could not request a banning order.

She said: “The difficulty we have is that the offence has to involve violence or disorder. He only has it in his possession.”

The sheriff said: “I think I would have difficulty making that order. However, I don’t think that stops the club itself from dealing with matters.”

Mr Martin claimed he was given the grenades as he was the only person on the bus wearing a coat with pockets.

However, Sheriff Tait said: “For someone who goes to every home and away football match, he cannot be unaware of what is required in terms of safety and what can be taken in.”

John McLaughlin, defending, said: “He is a man who has made a significant mistake. It would have released green smoke in the Celtic supporters’ area so it wouldn’t have caused panic.

“He has never been in trouble before. There was no attempt to conceal anything. He has been suspended and fully accepts this may result in the loss of his employment.

“Due to his bail conditions, he has not been allowed to attend matches since and he is not sure what the long-term effect will be. He’s not sure of the club’s attitude.”

Mr Martin was ordered to undertake 180 hours’ unpaid community work.