Sheffield United issued a statement after star striker Oli McBurnie was cleared of stamping on a pitch-invading fan, after claiming he hopped over him to protect his injured foot. The 26-year-old was acquitted of assaulting Nottingham Forest supporter George Brinkley, after the player’s barrister said he had been “like a ballerina” in avoiding contact.
Speaking outside the courtroom, McBurnie told reporters he had been instructed to make no comment on the outcome of the case - but the club later issued a statement. It read: "Sheffield United is pleased to note today's verdict at Nottingham Magistrates' Court with regards to Oliver McBurnie. Oliver, his legal representatives and officials at the club are disappointed that he was forced to stand trial after the traumatic scenes at Nottingham Forest's City Ground on Tuesday, May 17, 2022, when Oliver's team-mate, Billy Sharp, was violently assaulted.
"Blades manager Paul Heckingbottom has spoke openly about the dangers of supporters invading the pitch with the fixture at Nottingham just one of a number of similar high-profile incidents. Additionally, he has written letters to the Football Association, the English Football League, the League Managers' Association and the Professional Footballers' Association with regards to the safety of players in their place of work and is keen for further action in this area."
Read more: Judge delivers verdict after Oli McBurnie trial into alleged stamp on Nottingham Forest fan
Prosecutors had alleged McBurnie was angry and in a “red mist” after United had lost on penalties to Forest in May’s Championship play-off semi-final at the City Ground. Finding McBurnie, of Knaresborough, North Yorkshire, not guilty of a single charge of assault by beating, District Judge Leo Pyle said his judgment was based on evidence heard in court and “not the instant judgment of social media”.
In his ruling, the district judge said some of the evidence given by alleged victim Mr Brinkley, 27, of Sleaford, had been “somewhat flimsy”. The judge said, on the footage, McBurnie's "potted leg" did not make contact with Mr Brinkley's shin.
"You do see his left leg is pulled over the complainant," he said in his judgement. "He deliberately lifts up his leg leg over the complainant's left leg."
McBurnie's right leg was to the right side of Mr Brinkley's left hip. "Yes, there appears to be a minor touch with his left booted knee, but his right leg is nowhere near his left shin.
"He lifts his left leg, the boot may have made glancing contact with his knee, but he quickly lifts his leg up to avoid him. Nobody is restraining McBurnie, as he struggles over the prostrate Mr Brinkley."
Mr Brinkley claimed contact was made with his left shin and it hurt. The second alleged stamp was below his left shin.
He further alleged he had bruises a few days later and had struggled to stand up - but the judge said: "Why did he not photograph those bruises? He said he did not photograph his injuries as he does not like photos of himself," added the judge.
He also referred to McBurnie's prepared statement, where he had explained his actions in avoiding Mr Brinkley and his position was that he did not make physical contact with him. He further concluded the footage - which went viral - showed that McBurnie pulled his left leg back and over Mr Brinkley's curled up legs. As he extracted himself from this position, nobody pulled him away, the court heard.
The district judge had been urged by McBurnie’s barrister to find that “a degree of club bias” was responsible for accounts given by witnesses to the incident. In her closing speech to the court, defence lawyer Lisa Judge submitted that the complainant in the case had lied about the incident, and shown malice by sending an abusive Instagram message wishing death on McBurnie and his family.
Referring to a video screenshot which the prosecution claimed showed 6ft 4ins McBurnie, who weighs 90 kilos, looking angry on the pitch, Ms Judge said the player may have a “stern resting face”. The lawyer added: “The prosecution opened this case on that boot following through into a stamp.
“It’s quite clear that boot lifted up like a ballerina, trying to clear the legs of Mr Brinkley (who was) clutching his bottle and his programme, lying on the floor of a pitch he should not have been on.”
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