A West Brom fan who committed two offences during the game against Blackburn Rovers at Ewood Park has been banned from attending football matches.
Blackburn Magistrates' Court heard Gregg Richards had been cautioned by police for indecently exposing himself but taken to court for using threatening behaviour.
Furious District Judge Richard Thompson demanded feedback on the process that had led to the single prosecution.
“How could someone decide he should be cautioned for indecent exposure but prosecuted for a non-imprisonable offence,” he said.
“There needs to be some feedback because this is a completely inappropriate way to prosecute a case. Either prosecute him or don’t.”
Richards, 24, of Upper Church Lane, Tipton, in the West Midlands, pleaded guilty to using threatening behaviour.
He was fined £300 with £85 costs and a £120 victim surcharge. He was made subject to a football banning order for three years.
Julia Draper, prosecuting, said Richards was seen making stabbing and throat slitting gestures towards Blackburn fans.
The lout's behaviour occurred during the Baggies match against Rovers at Ewood Park on August 5, the first day of the season, a game Rovers won 2-1.
Miss Draper said there was nothing on the prosecution file to explain the decision to caution the defendant for indecent exposure, but said she would report the judge’s comments.
Miss Draper said the CCTV footage of the incident showed there was a man with three children of primary school age in the vicinity.
Nick Dearing, offering mitigation, said his client was disgusted and ashamed of his behaviour.
“He is not a regular attendee at football matches and accepts on this day he drank more than he usually would,” said Mr Dearing.
“He did make full admissions to everything and it is confusing that one of the offences was dealt with by way of a caution.”
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