A Wigan Athletic fan who claimed he picked up a flare at a derby match against Bolton Wanderers has been acquitted of possession of a flare. Cameron Hendy, of North Down Road in Plymouth, said that whilst celebrating a goal for his team he went to pick up the blue flare which had been thrown near to where he was standing in order to prevent a potential fire.
The 28-year-old picked up the flare for five seconds, raising it above his head before handing it to a police officer on April 2, 2022, Wigan and Leigh Magistrates’ Court heard. Video footage showed the council security officer celebrating the goal at the DW Stadium before being alerted to the smoke bomb by a steward.
The short video clip shows him making a gesture that ‘gesticulates masturbation’, before picking up the flare and waving it above his head, prosecution lawyer Stephanie Ball said.
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Giving evidence in court, Mr Hendy said: “I thought it was a potential fire hazard. I did say to him [the police officer] it is not mine, then handed it to him.
“It was always my intention to hand it in to the officer and the steward because I know they have sand buckets for flares. It is up in the air to keep the smoke away from my face and if I kept it by my side I would just be breathing it in.”
Mr Joe Rawlings for the defence explained that Mr Hendy had been a fan since he was a young boy and when he asked whether he had been arrested or had involvement with the police to which he said no. Mr Rawlings explained that Mr Hendy had travelled across Europe watching football matches - all of which he had done so without incident.
Ms Ball, questioning Mr Hendy on behalf of the CPS asked whether this was a ‘moment of madness that he regrets’, suggesting this was not an act of health and safety but one in a moment of celebration. He responded with no, and that his job as a security officer for the council down in the south west alerted him to the dangers as a professional.
“Your actions were reckless and your decision to hold it for five seconds suggests it was celebration and not health and safety,” Ms Ball said. Mr Hendy disagreed.
Ultimately the magistrates decided that after listening to the evidence, Mr Hendy’s previous good character and positive track record at a number of previous derby matches, he was not guilty of possession of the flare. “We do accept the reason that you picked up the flare,” Mr Lowe, chair of the bench, explained before making his decision.
Mr Hendy was cleared of the charge and was allowed to leave.
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