PROSECUTORS are considering an appeal against a verdict clearing a Celtic fan of singing a sectarian song after the sheriff described legislation to tackle offensive behaviour at football as "mince".
The Crown Office confirmed it is looking into taking the rare step of appealing the not guilty verdict in the trial of Dion McLeish at Dundee Sheriff Court last week.
The 20-year-old from Clydebank, West Dunbartonshire, was filmed by police at Dundee's Dens Park ground on Boxing Day singing the song Roll of Honour, which celebrates IRA and INLA hunger strikers during the Troubles.
Prosecutors said he was engaged in behaviour that was likely or would be likely to incite public disorder by singing a song contrary to the Offensive Behaviour at Football and Threatening Communications (Scotland) Act.
However, Sheriff Richard Davidson ruled police officers could not give "opinion" evidence that the song was linked to proscribed terrorist organisations, then described the anti-sectarianism legislation McLeish was tried under as "horribly drafted".
The Crown Office and Scottish Government insisted the laws were working well and taking a hard line on sectarianism.
Prosecutors have asked for reports as they consider an appeal against the ruling in the case, in which the sheriff also stated sectarianism should be tackled by abolishing denominational schools.
A Crown Office spokesman said: "Crown Counsel has asked the procurator-fiscal for a report in order to consider an appeal in light of the sheriff's comments."
A court source said: "It is an unusual step. It is pretty rare for the Crown to appeal a not guilty verdict in a summary trial. But there's an issue here that goes to the heart of what the legislation is meant to be about. He was caught on camera singing a song that supports IRA and INLA members, but he walked free."
A Crown insider added: "Last year another man who pled guilty to singing Roll of Honour was fined £300 and got a 12- month football banning order."
The Scottish Government said the legislation would be reviewed at the end of the coming football season, with a report to go before Holyrood by the following summer.
A spokeswoman said: "The 89% charge rate and 83% conviction rate for people arrested under this legislation shows it is working well.
"The act strengthens and improves the law dealing with sectarianism at football and was a direct response to calls from Scotland's police and prosecutors who told us they needed greater powers to take a hard line on sectarianism.
"The Scottish Government invests heavily in Scottish football and legislation tackling sectarianism at football is part of that investment – 91% of the public agreed stronger action needed to be taken."
Sheriff Davidson, speaking during McLeish's trial, blasted the laws. He said: "In this context I think that potentially those who attend Murrayfield and sing Flower of Scotland there might be a problem."
Referring to the legislation, Sheriff Davidson added: "Somehow the word 'mince' comes to mind."
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