Sheffield United striker Oli McBurnie CLEARED of Nottingham Forest assault charge as judge hits out

The striker was found not guilty at the end of the second day of his two-day trial, after earlier insisting he had hopped over his alleged victim to protect his injured foot and added: “I am a nice guy”.

District Judge Leo Pyle said his judgment was based on evidence heard in court and "not the instant judgment of social media". In his ruling, the district judge said some of the evidence given by alleged victim Mr Brinkley had been "somewhat flimsy".

The district judge had been urged by McBurnie's barrister to find that "a degree of club bias" was responsible for accounts given by witnesses to the incident. In her closing speech to the court, defence lawyer Lisa Judge submitted that the complainant in the case had lied about the incident, and shown malice by sending an abusive Instagram message wishing death on McBurnie and his family.

Referring to a video screenshot which the prosecution claimed showed 6ft 4ins McBurnie, who weighs 90 kilos, looking angry on the pitch, Ms Judge said the player may have a "stern resting face."

The lawyer added: "The prosecution opened this case on that boot following through into a stamp. It's quite clear that boot lifted up like a ballerina, trying to clear the legs of Mr Brinkley (who was) clutching his bottle and his programme, lying on the floor of a pitch he should not have been on."

Speaking outside the courtroom, McBurnie told reporters he had been instructed to make no comment on the outcome of the case. United later issued a statement saying McBurnie, his legal team and club officials are “disappointed that he was forced to stand trial after the traumatic scenes … when Oliver's team-mate, Billy Sharp, was violently assaulted.”

Sharp had been headbutted by a Forest fan, who was later jailed for six months. Brinkley told the court he believed he had been singled out and attacked after a half-time exchange near the dug-out in which he told McBurnie: "You're shit at football, I'm better than you."

Delivering a ruling after just over an hour's deliberation, the district judge said: "The defendant's foot is nowhere near Mr Brinkley's left shin. He (McBurnie) quickly and clearly lifts his leg up to avoid the complainant.

"It was clear from his 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."

The district judge said a "misleading" still photograph presented to the court had "made it look like he (McBurnie) was putting the boot in.” "In fact, the film footage clearly shows that he pulled his left leg back and over Brinkley's pulled up legs,” he added.

"Having assessed all the relevant evidence in this case, I return to where I started - the burden of proof. The prosecution have not proved their case to the required standard and the charge against you is dismissed."

Giving evidence before his acquittal, McBurnie said he was wearing a protective boot while watching the match, after spending six weeks out injured with three broken metatarsal bones and a torn ligament.

Describing the pitch invasion as "manic to say the least", McBurnie denied being angry after United's defeat.

Asked by his barrister what he was doing during the incident, McBurnie answered: "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."

At the time of the incident, McBurnie said he thought there was "zero contact" with Mr Brinkley.

McBurnie also denied squirting water at Forest fans sitting near the dug-out, and said comments from home fans were aimed at injured United players and other club staff up to 40 times during the match.

Mr Brinkley's claim the alleged stamping was a response to earlier banter was "not what happened at all," McBurnie said.

Asked if he took exception to being called a "s*** footballer", McBurnie asserted: "It goes with the territory, I guess. I am kind of used to it by now."

During cross-examination from prosecutor Simon Jones, Leeds-born McBurnie added: "Being a footballer, you get told all the time that you are not very good at things.

"It's just normal. You just get on with your day."

Asked by Mr Jones if he assaulted Mr Brinkley in a "red mist", McBurnie told the prosecutor: "I had just been out injured for six weeks with one of the worst injuries of my life.

"If you think I would risk making it worse over a fan then you don't know me very well. I am a nice guy and I take my career very seriously."