FOR the first time in living memory, a Hampshire footballer is facing jail for on-pitch violence - but when does an incident cross the line and become a crime?
Shaun Dallimore headbutted Hythe & Dibden midfielder Steve Green, fracturing his right cheekbone, during a Sydenhams Wessex League game for Tadley Calleva last year.
The 24-year-old now faces the prospect of becoming only the fourth player in British football history to be handed a prison term for an on-pitch incident, after being found guilty of grievous bodily harm at Southampton Crown Court this week.
Dallimore will be sentenced next month. His hearing follows Wigan prop Ben Flower’s disgraceful punching of St Helens’ Lance Hohaia during rugby league’s Grand Final at Old Trafford two weeks ago.
Having already rendered him unconscious, Flower punched him a second time. He was banned from playing rugby for six months but although police have confirmed they are looking into the incident, a prison sentence is unlikely.
Dallimore will join a small group of notorious footballers if he is put behind bars.
Back in April 1994, Duncan Ferguson was sent down for headbutting a Raith Rovers defender while playing for Rangers.
Remarkably, Ferguson was not even booked – but he was handed a three-month jail term, 44 days of which he served.
No other professional British player has been jailed for on-pitch violence in the 20 years since ‘Big Dunc’ made history as the first.
James Cotterill served three weeks of a four-month prison sentence after pleading guilty to grievous bodily harm, after fracturing the jaw of Bristol Rovers striker Sean Rigg with a punch while playing for non-league Barrow during an FA Cup tie in November 2006 in front of the Match of the Day cameras.
And four years ago Sunday League striker Mark Chapman became the first footballer to be jailed for a tackle when he broke a Rugby and District Sunday League opponent’s leg in two places.
“A football match gives no one any excuse to carry out wanton violence,” said Judge Robert Orme.
But these players are in the minority.
Eric Cantona avoided jail in 1995 when a two-week prison term for his infamous kung fu kick against Crystal Palace fan Matthew Simmons was reduced to 120 hours’ community service.
And Luis Suarez was never prosecuted for his bite of Bratislav Ivanovic 18 months ago, while the likes of Joey Barton, Roy Keane and Vinnie Jones were never prosecuted for on-field behaviour.
So when does violence on the sports field become a crime?
Nick Hawkins, who until last month was lead sports prosecutor at the Crown Prosecution Service,attempted to answer this with a speech entitled Crossing the Line – When Sport Becomes A Crime at the University of Portsmouth two years ago.
In determining where the line is drawn, he cited an example from a rugby match in late 1993, between United Services Portsmouth and Havant.
“The Havant second row found himself pinioned by the US second row, a naval physical training instructor. Witnesses described what happened next as the aggressor looking around (presumably to check the referee was not looking) before punching the victim with full force in his face, rearranging his nose.
“What was unusual was that fans of both teams saw the incident the same way, as totally out of keeping with the laws and spirit of rugby.
“At the time I was serving on the staff of the local Admiral as his legal adviser, and it fell to me to make the decision whether or not to prosecute the matter at a court martial (which is the equivalent of a crown court), and then to present the case.
“The defence that was run was a combination of self-defence (which appeared in reality to be based in getting his retaliation in early) and consent. I had some difficulty with the idea that a rugby player or any sportsman would consent to having his nose broken in an off-the-ball incident while unable in any way to defend himself or try to avoid the assault. Fortunately the Court agreed and he was duly convicted of grievous bodily harm.
“At the time, and since then, many have questioned my decision to prosecute, and it is one I would make again today.
“I do not recall many of my closing speeches in trials, but I do recall that one because I suggested to the court that if the incident had happened in Guildhall Walk on a Friday evening, or at Fratton Park on or off the field, then they would have no difficulty convicting, and therefore they should not treat an on-field rugby assault any differently.
“And that for me goes some way to answering the question ‘when does sport becomes a crime?’, and that is when a sportsman behaves in a way that is both outside the laws of the game and in a way that would be criminal off the field.”
But it is also incumbent on the victim to press charges.
A Rugby Football League spokesman has confirmed that any legal action against Flower would be up to both Hohaia and his club.
But Hohaia has admitted he bears no grudge towards Flower, so that prospect appears unlikely.
Saints fans of a certain vintage will remember Glenn Cockerill having his jaw broken in two places by a punch thrown by Arsenal midfielder Paul Davis at Highbury in 1988. A nine-match ban and £3,000 fine was Davis’s punishment.
So why did the police not get involved on that occasion?
“You could argue they should have done and if it had been the other way round and I was playing for Arsenal it might have been different,” says Cockerill.
“But I was advised not to press charges by the PFA (Professional Footballers’ Association), they said they would deal with it.
“Chris Nicholl, the Southampton manager at the time, gave me the same advice.
“But looking back, I do regret not doing so because of the severity of the injury – I was punched from behind and had to have a metal plate in my jaw for the rest of the season.”
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel