From a Newcastle fan (friend of a friend)
Dear Chief Inspector Kirven,
I note with great interest that you as Chief Inspector for Humberside Police have decided to take no further action against Mr. Alan Pardew, manager of Newcastle United Football Club after he head butted a Hull City player in the KC Stadium Kingston Upon Hull on Saturday 1st March 2014. An incident shown and witnessed by millions on television.
I was involved in an incident myself at the KC Stadium on 3rd January 2009 which resulted in a 3 year banning order from all football stadiums in Great Britain, and a £1500 fine, I still have the video evidence of the incident as I am sure you do, I think most witness's would agree there is no difference in the level of violence used in both incidents.
I appeared twice at Hull Magistrstes Court and I funded my own appeal at Hull Crown Court, I remember very clearly how this point was made to me by the magistrate, '
Mr.Barrett, you must remember where this act of violence took place, inside a football stadium, anyone, (anyone, Chief Inspector) who commits an act of violence at the KC Stadium will be punished by an automatic 3 year banning order, we will not tolerate this kind of behaviour in the City of Hull'
I quote below the Government statute for issuing football banning orders,
'Civil' Football Banning Orders - s. 14 B - on Complaint
From the 6th April 2007 prosecutors are able to apply for a 'civil' football banning order. The court must make an order if satisfied that the respondent has at any time caused or contributed to any violence or disorder in the UK or elsewhere and that there are reasonable grounds to believe that it would help to prevent violence or disorder at or in connection with any regulated football matches.
For s.14 (A) and (B), "violence" means violence against persons or property and includes threatening violence and doing anything which endangers the life of any person.
Also, disorder includes:
stirring up hatred against a group of persons defined by reference to colour, race, nationality (including citizenship) or ethnic or national origins, or against an individual as a member of such a group,
using threatening, abusive or insulting words or behaviour or disorderly behaviour,
displaying any writing or other thing which is threatening, abusive or insulting.
Most importantly, the terms "violence" and "disorder" are not limited to violence or disorder in connection with football.
The courts are given a wide discretion of what to take into account in making a s. 14B Football Banning Order; this includes decisions of foreign courts, evidence of deportation back to the UK, removal from football matches wherever this occurred and conduct recorded visually - e.g. CCTV.
The court can look at the conduct of the responded for up to ten years before the application for the making of an order.
If one is unable to proceed to a conviction for a (football) relevant offence in all circumstances, it may still be possible to apply for an order under s.14 (B). Prosecutors should discuss this with police officers prior to the hearing.
I think the first paragraph is extremely relevant in Mr. Pardew's case considering his track record for violent incidents inside football stadiums.
So, In summary Chief Inspector, I was wondering if you could answer this simple question,
Why are you not prosecuting Mr. Pardew for his act of violence at the KC Stadium ?
