A St Johnstone fan has been cleared of inciting public disorder at McDiarmid Park because the opposing supporters were said to be too far away to hear his comments.
Nathan Bartlett, 21, was charged with spouting foul and abusive racial insults towards fans of Swiss club FC Luzern during a Europa League clash last July.
More than 8,400 fans were inside McDiarmid Park for the clash, which the Perth side won on penalties after extra time.
At Perth Sheriff Court on Monday, Bartlett was accused of calling the Luzern fans Nazis and Gypsies while watching the game from the ground’s East Stand.
Sheriff William Wood also heard Bartlett, of Lewis Place, Perth, made a Nazi salute in the direction of the Swiss supporters that were sitting opposite him in the main stand.
Solicitor David Holmes argued that if his client had acted in such a manner then the Luzern fans would not have been able to hear him from across the width of the pitch.
PC Isman Ali, who was on duty on the pitchside track at the East Stand, claimed he saw Bartlett acting “erratically while standing on a chair, shouting and screaming”.
He added: “I saw him make a Nazi salute, I believe in the direction of the opposing fans.”
However, under cross examination from Mr Holmes, the officer admitted that from his position he could not make out what the Luzern fans were singing, and that it would have been “impossible” for them to have heard what Bartlett said.
PC Thomas Durrant, who was also on duty during the game, said St Johnstone had no reputation in terms of football hooliganism.
He also said that Bartlett appeared aggressive while calling the Luzern fans Nazis and referring to their players as refugees but PC Durrant admitted there was no reaction from the St Johnstone supporters seated near to Bartlett when the word Nazi was used.
Bartlett was found not guilty of engaging in behaviour likely, or that would be likely, to incite public disorder by repeatedly shouting and swearing foul and abusive language of racial hatred.
Sheriff Wood said: “There is no doubt in my mind that it is grossly offensive to call anyone a Nazi.
“None of the opposition fans would have heard what was said at the time.”
He added: “While I consider your conduct utterly reprehensible I am obliged to find you not guilty.”
Police figures show that McDiarmid Park has witnessed a reduction in the number of arrests over the last two years, with the number of incidents falling from 12 to five between 2013 and 2014 and most classed as an attempt to consume or enter the grounds with alcohol.
A supporters’ club spokesman said it was good that the number of arrests was going down but stressed it is something that should not be taken for granted.