Trial over Old Firm match effigies thrown out

A sheriff has binned the trial of nine Celtic fans charged with hanging effigies at an Old Firm match.

Sheriff Allan Findlay hit out at prosecutors for not giving defence lawyers “full disclosure” of available evidence.

Fans were charged following the match in September 2016.

Ross Brady, 29, Kieran Carvill, 19, Andrew McDonald, 24, Kasey McKinnon, 19, Martin Gallagher, 27, Mark Macdonald, 24, Lewis McLachlan, 20, Myles McSwegan, 18 and Michael Bentley, 28, were due to stand trial.

The accusations centred on effigies and a banner hung at the game which Celtic won 5-1 and were said to be “threatening and offensive”.

Seven hearings had taken place before the nine were finally due to stand trial at Glasgow Sheriff Court.

But, it emerged - after a two year wait - the Crown gave defence lawyers a version edited by police of what was deemed to be relevant to the case.

Lawyers successfully argued that they didn’t have all of the material that was available and made a motion for the case to be deserted.

There was edited material from a number of computer disks and USB sticks.

Sheriff Findlay said: “The Crown have taken the view that they are going to rely on police evidence.

“I don’t know what’s on the disks. For the life of me I cannot understand why the Crown simply didn’t disclose this stuff to the defence.

“It may be exculpatory. It seems to me the Crown failed in that disclosure.

“The Crown cant take the view it may be exculpatory because they haven’t seen it.”

He said the case was raised as an Offensive Behaviour at Football Act and has been converted to another charge of behaving in a threatening or abusive manner.

The sheriff added: “In my view the appropriate remedy here is to desert the case and desert it pro loco et tempore.

“If the Crown wish to consider re-raising it with the criticism I have made of disclosure, it is a matter for them."