An Everton supporter who made a gesture mocking the Munich air disaster towards Manchester United fans has been convicted and sentenced for tragedy chanting.
Mark Finnigan – now the subject of a three-year football banning order preventing him from attending games – was at Old Trafford for the Premier League game between the two clubs in March. United were awarded a penalty – converted by captain Bruno Fernandes to open the scoring – in the 12th minute.
The Crown Prosecution said Finnigan, from Liverpool, was witnessed by a police officer to turn towards the home crowd and make a hand gesture, which he later accepted could be interpreted as being related to the tragedy.
The plane crash on February 6, 1958, claimed the lives of eight Busby Babes and three Old Trafford staff.
Eight sports journalists, including the Manchester Evening News’ Tom Jackson, also lost their lives in Germany when United’s chartered plane crashed on take-off in terrible weather at Munich-Riem Airport following a European Cup tie in Belgrade against Red Star. Twenty-three people died in total.
The CPS said Finnigan was removed from the ground and arrested on suspicion of using threatening or abusive words or behaviour with intent to cause harassment, alarm, or distress under Section 4a of the Public Order Act.
He pleaded guilty to the charge at Manchester magistrates’ court today, Wednesday.
A CPS spokesman said: “Last year the Crown Prosecution Service updated its prosecution guidance on football-related offences, making it clear tragedy-related abuse can be prosecuted as a public order offence.”
John Moran, Senior Crown Prosecutor for CPS North West, said after the case: “Tragedy-related abuse is never acceptable and has a profound impact on fans and families who have been bereaved.
“Mark Finnigan’s offensive gesture – made in full view of home and away fans – has landed him a football banning order, stopping him from watching the sport he loves.”
Tragedy-related abuse is defined as when supporters sing, chant or gesture offensive messages about disasters or accidents involving players or fans – including references to the Hillsborough disaster and other football-related tragedies.
Douglas Mackay, CPS national lead prosecutor for sport, said: “Sport is for everyone to enjoy and fans shouldn’t face vile, tragedy-related abuse. We want supporters to show their passion without crossing the line into criminality and we’re working with football authorities including the Premier League and the Football Association, as well as with clubs and the police, to stamp out this cruel behaviour.
“I hope this case will serve as a reminder to others that if they involve themselves in tragedy chanting, they face the risk of being excluded from the game they claim to love.”
Finnegan was sentenced to a six month conditional discharge and ordered to pay a victim surcharge as well as prosecution costs.
United won the game 2-0, with Marcus Rashford converting a second penalty.
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