Ex Swansea City striker Oli McBurnie has been cleared of assault at Nottingham Magistrates court this afternoon after the evidence supplied by the crown prosecution service was deemed unsatisfactory to reach the burden of proof required. The trial lasted three days.

Leo Pyle, in adjudication as district judge said a 'misleading' still photograph presented to the court had 'made it look like he (Mr McBurnie) was putting the boot in.' He also called the evidence of George Brinkley ‘somewhat flimsy’

Brinkley from Sleaford in Lincolnshire admitted running on to the pitch after having an exchanged words with McBurnie earlier stated he did so after his side qualified for the play off final. Beforehand he also admitted engaging verbally with Sheffield United players. In evidence he stated. “At half-time I spoke to a couple of players. “I said, ‘Oli McBurnie you are s*** at football, I am better than you and I’m not a pro” He responded to me, laughing, and said, ‘You look like you are. He had a grin on his face — quite patronising… looking down on me “ After Nottingham Forest won the penalty shoot out Brinkley told the court: “I celebrated with the two people directly behind me. I jumped over the advertising boards — I had that much adrenaline going through me.”

Oli McBurnie in evidence stated he had no recollection of any exchange whatsoever.

Brinkley went on to say. “Oli McBurnie stamped on me once, stamped on me twice, then went to stamp on me for a third time, but then got pulled away. My instant reaction was to kick him but I didn’t because I knew what the repercussions would be” Brinkley said he knew his attacker was McBurnie because he was the only person he had seen wearing a protective boot. I couldn’t get up because of the people around me,” he said. “I felt that I was going to get my head kicked in”

Brinkley then stated he feared for his life.

Under cross examination Brinkley also twenty six called defence barrister Lisa Judge ‘love’ and accused her of sugar coating the situation. He also stated the complaint to police wasn’t driven by a desire for financial compensation. McBurnie who now resides in Knaresborough, Yorkshire has insisted since the allegation that: “My intention at all times was in fact to make sure that I did not make any such contact with him.”

In reaching his decision after an hour today Judge Pyle stated. 'It was clear from his ( McBurnie’s ) evidence that he had no recollection of Brinkley's exchange with him at half-time. He witnessed the Billy Sharp incident – the team captain being headbutted – and he saw the assailant in a yellow jacket, and him making off. He confirmed to me that his left booted leg was between Brinkley's leg and he described his actions.'

Adding context the judge then stated. “The defendant's foot is nowhere near Mr Brinkley's left shin. He (Mr McBurnie) quickly and clearly lifts his leg up to avoid the complainant”

McBurnie when examined by his barrister Lisa Judge stated ' I was trying to find my balance. I am trying my best to stay out of his way. Literally there is no space. There is nowhere else for me to go but to the right-hand side. My left foot is on the floor within his two legs. I was using my arms for balance – it was kind of a hopping motion. It's hard to get your balance with so many people and obstacles in the way.'

Lisa Judge commented that Brinkley was “lying on the floor of a pitch he ought not to have been on” Outside court Oli McBurnie stated he would be making no comment on the matter upon advice from his league advisors. When asked about a message stating. "I wish death on you and your family" to McBurnie on social media, Brinkley oddly replied: "There is no malice behind it...no comment" No comment being an unacceptable answer in a court of law.

Oli McBurnie’s employers released this statement following the courts decision. “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 17th May 2002, 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.”

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Photographs licensed from Reuters

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