Celtic fan accused of singing 'IRA song' Roll of Honour walks free...

[ian1964 10,563]

...after sheriff blasts case against him

 

14:11, 11 Oct 2016

Updated 14:28, 11 Oct 2016

By David Meikle

 

KEVIN Maguire was acquitted after the arresting officer admitted the song does not mention the IRA and that he didn't really know what the lyrics were about.

 

 

A CELTIC fan accused of singing a song in support of the IRA has walked free from court after a sheriff blasted the case against him.

 

Kevin Maguire, 33, had gone to watch the Hoops play Hamilton Accies in a league match in February this year.

 

The Friday night game finished 1-1 but during the game singing broke out in the stadium with the song Roll Of Honour being chanted.

 

Video footage was later studied leading to Maguire, of Glasgow, being arrested and charged under the controversial Offensive Behaviour at Football Act.

 

He was accused of engaging in behaviour likely to incite public disorder by singing a song in support of a 'proscribed terrorist organisation, namely the IRA'.

 

However Maguire walked free from Hamilton Sheriff Court after Sheriff Ray Small said the evidence presented to him in court was not strong enough for a conviction.

 

Sheriff Small said: "From the video which we viewed in court, you were never properly identified by the police officers as doing any of the singing.

 

"I could hazard a guess as to your involvement but hazarding a guess is not how the law works, the law works by me being satisfied beyond a reasonable doubt of conduct before I can find guilt.

 

"The Crown case at its highest level meant there was only just a case to answer and I repelled a no case to answer submission.

 

However, the case presented in court was not to the standard that one might expect in a case like this.

 

"Having spoken to colleagues, they have heard cases where experts on Irish history have come in and told the court why Roll of Honour is a song related to the IRA and what it means.

 

"But there was no such evidence led here and the two police officers themselves admitted they were not experts.

 

"Putting everything into consideration you will be formally acquitted of this charge."

 

The court had earlier heard from PC Marcos Cucos, 27, who told how he captured footage of Maguire and other fans singing on a handheld camera.

 

He said: "I heard the song Roll of Honour being sung. From my brief knowledge, it's a song which glorifies Irish republicanism.

 

"I had been made aware before the match that people had already been charged for singing that song. Two colleagues identified Mr Maguire as singing it."

 

However under questioning from Maguire's defence solicitor Tony Callaghan, the officer admitted that the song does not mention the IRA and that he didn't really know what the lyrics were about.

 

Maguire refused to comment as he left court.

 

The Roll of Honour song celebrates the lives of 10 Republican prisoners who died while on hunger strike in 1981 at the Maze Prison.

 

The Offensive Behaviour at Football Act has been roundly criticised since it was introduced in 2012 with one sheriff even branding it 'mince'.

 

Labour MSP James Kelly is currently leading a campaign to see the legislation overturned saying it does not work in tackling sectarianism.

 

And it has also been condemned by some supporter's groups.

 

http://www.dailyrecord.co.uk/news/scottish-news/celtic-fan-accused-singing-ira-9022873

[StuGers 477]

So the next time someone is done for singing the Billy Boys are they going to have to bring in an expert to explain the history of the term 'f*nian'? When someone is nabbed for stealing is a legal expert required to discuss the background in the immorality of stealing and analyse its initial discouragement in the Old Testament?

 

Is it me or are the judges making a mockery of the police in certain cases?

[MacK1950 2,271]

The whole law on singing is a joke,when in the confines of football stands/terracing the songs may be perceived to be wrong but are in an enclosed environment and TBH are a part of the rivalry.They should not however be aimed at living individuals if they are filled with hate.Therefore IMO fans should not be targeted within these confines.

However if the same songs are sung in the street/public places that is a different matter and should be dealt with,by law.

[boabie 230]

" Maguire's defence solicitor Tony Callaghan " - there's a surprise, eh ?

[der Berliner 3,424]

However under questioning from Maguire's defence solicitor Tony Callaghan, the officer admitted that the song does not mention the IRA and that he didn't really know what the lyrics were about.

 

Maguire refused to comment as he left court.

 

The Roll of Honour song celebrates the lives of 10 Republican prisoners who died while on hunger strike in 1981 at the Maze Prison.

 

It is not for the officer to know this, or indeed why waving of Palestinian flags was forbidden by UEFA. If the sheriff doesn't know it, it shows a certain lack of education ... or rather ignorance of his country's history and dead.

[Bearman 9]

Just by looking at the picture of him...I'd say he's guilty!

[barca72 440]

"Having spoken to colleagues, they have heard cases where experts on Irish history have come in and told the court why Roll of Honour is a song related to the IRA and what it means." ...

 

He had his mind made up before he heard the case.

[calscot 0]

I think people have interpretted this not quite right. To me, the judge is saying that he has heard that the historian experts have argued it IS an IRA song, but the prosecution didn't do this and so didn't prove it in court in this case.

 

The judge thinks the guy is guilty ("hazard a guess") but the "the case presented in court was not to the standard that one might expect in a case like this." and therefore had to acquit as the there was not compelling enough evidence to find him guilty.

 

It's the prosecution at fault, not the judge.

[the gunslinger 3,366]

How motivated are a Catholic controlled prosecution to prove stuff like this.

[der Berliner 3,424]

This is where the Ministry of Defence as well as the one for Justice should get involved, as this chap clearly goes against the Terrorist Act 2000 and 2006. The sheriff that is.

Edited October 12, 2016 by der Berliner