Man gets banning order for flare at York City game

York's LNER Community Stadium
York's LNER Community Stadium
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A man has been given a three-year football banning order after throwing a flare during York City’s crunch clash with Oldham Athletic in the National League play-off semi-final in May.

Callum Kershaw, 20, was one of six men arrested during and after the season-defining match at the LNER Community Stadium at Monks Cross which City lost 3-0 in front of a near-capacity crowd of 8,153.

Kershaw, who was one of more than a thousand Oldham fans who had travelled to York for the game on May 20, lobbed the orange flare a few minutes before the evening kick-off, York Magistrates’ Court heard.

The missile landed near the goal line but it didn’t strike anyone and no-one was injured, said prosecutor Sarah Tyrer.

Kershaw was arrested inside the stadium and charged with possessing a pyrotechnic which emitted smoke during a designated sporting event and throwing the flare towards the playing area at a designated football match, contrary to the Football (Offences) Act.

He pleaded guilty to both offences and appeared for sentence today on Wednesday, August 6.

Ms Tyrer said that moments before the match a section of the 1,600 Oldham fans in the North Stand began lighting and throwing “multiple” flares.

“A number of police officers were watching the crowd inside the ground and minutes before the game started, numerous pyrotechnics were lit in the North Stand of the ground and thrown towards the pitch,” she added.

“Mr Kershaw was seen to be one of those that lit a pyrotechnic or flare which had orange smoke emitting from it.”

A police officer saw Kershaw holding the orange flare “directly up in the air and throwing it”, said Ms Tyrer.

As stewards moved in to eject Kershaw, he climbed over his seat and retreated to the top of the stand which was seven or eight rows back.

The stewards found him, he was handed over to police and arrested. He immediately owned up to what he had done and said he had “no good reason to throw the flare” other than that there were “multiple” pyrotechnics being set off by away fans, so he “did it in celebration”.

Kershaw, an apprentice mechanic from Oldham, said he hadn’t intended to cause any harm and that the missile had in fact landed on the “concrete part” between the crowd barrier and the pitch.

His solicitor Colin Byrne said that Kershaw, who had never been in trouble before, decided to throw the flare to get rid of it because “bits were starting to spit out” of the pyrotechnic and it didn’t land near anyone.

Kershaw, of Roy Street, Royton, was given a three-year football banning order which prohibits him entering Oldham town centre or Oldham Athletics’ Boundary Park stadium on match days or going to any town or city in the United Kingdom when Oldham are playing away games.

The order also bans him entering any town or city in Great Britain where England’s men’s team are playing, both eight hours before the game and eight hours after the scheduled kick-off time.

Magistrates fined Kershaw £346 and ordered him to pay £85 costs, along with a £138 statutory surcharge.

York City’s defeat on the day in question denied them a trip to Wembley and a chance to reclaim their place in the EFL.

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