Not proven verdict won’t stop the fight against bigots

Frank Mulholland QC, head of the Crown Office, spoke out as concerns were raised about the message the John Wilson case will send out to football hooligans.

Celtic chief executive Peter Lawwell said Lennon had been left “disheartened and confused” by the not proven verdict, which he described as an “extraordinary outcome”.

Former prime minister Gordon Brown said he had “every sympathy” with the Celtic manager.

Police superintendents have called for a strong message to be sent out that sectarian violence at football games will not be tolerated, while the Managers and Coaches Association of Scotland called for a “strong deterrent”.

Wilson, 26, was found guilty of breach of the peace at Tynecastle stadium, in Edinburgh, on 11 May, but the jury deleted the religious aggravation part of the charge, and found assault, which also had a hate-crime element, was not proven.

Lawyers, fans and Celtic Football Club have all expressed shock at the verdict but the Lord Advocate defended the prosecution and warned there would be no let-up in the drive against religious hate crime.

“The Crown takes all forms of hate crime very seriously,” he said. “Our decision to prosecute John Wilson for alleged sectarian remarks was the right one.

“We respect the decision of the jury but will continue to prosecute as a hate crime any offence where there is a sufficiency of evidence.”

He added: “If there is sufficient, credible and reliable evidence to show that the crime was motivated by particular hate, that aggravation will be libelled in the charge and will not be deleted as a result of plea negotiation – unless there are exceptional circumstances, such as a change in the evidential position.”

The incident came during a match between Hearts and Celtic at Tynecastle, during a tumultuous few months for Lennon.

He was sent three threatening packages last season, containing bullets and explosives, and was heavily criticised for a touchline clash with Rangers’ Ally McCoist during a bad tempered Old Firm fixture on 3 March.

Mr Brown said yesterday: “I’ve got every sympathy with Neil Lennon. What has happened to him over the last year is very sad and not acceptable.

“I don’t want to get involved in court verdicts and court issues, because when politicians start getting involved in second-guessing judges you get into a real problem. But I think people will have a great deal of sympathy with Neil Lennon and wish him well for the future.”

Mr Lawwell said the club would have to try to help “rebuild” Lennon after Wednesday’s court verdict. He said the Northern Irishman had been left “confused” by the not proven verdict and believed most people who were either at the match, or watched the incident on television, would feel the same.

“Most people will be baffled and find it difficult to comprehend the judgment and verdict,” said Mr Lawwell.

“You have to think of Neil Lennon, he has been left disheartened and confused. We will need to try to rebuild him and support him in another body blow. The incident was watched around the world by millions of people and the chap actually admitted to it [the assault] but had a not proven verdict – I think that has mystified people.”

Wilson will return to Edinburgh Sheriff Court to be sentenced at a later date. However, it is feared the case will fail to deter other football hooligans.

Chief Superintendent David O’Connor, president of the Association of Scottish Police Superintendents, said: “Yes, that’s a concern. It’s something we must be extremely careful about.

“We, in the criminal justice system, need to make sure the wider public understands that if you commit an offence – irrespective of the decision in this case – you will be prosecuted.

“Particularly at a time when we’ve had problems in and around football matches, we have to put the message out that we will take very tough action.”

Alex Smith, chairman of the Managers and Coaches Association of Scotland, said: “I must admit to being surprised it was only breach of the peace it looked like more than that.

“It certainly does not send out the right message. There’s got to be a strong deterrent against that.”