A football fan who set off a flare in the street by the Lowry Hotel in Salford has narrowly avoided time behind bars after a judge told him he had “reached the absolute bottom and the end of the road” for breaching a court order.
Michael Cusker, 31, of Howard Street, was involved in a demonstration against the Glazer family’s ownership of Manchester United back in 2021 – whilst football was being played behind closed doors because of the pandemic.
The father-of-two was brought in front of Judge Hilary Manley at Manchester Crown Court after he breached his community order for failing to comply with the measures set out by the National Probation Service including attending The Thinking Programme and 180 hours of unpaid work.
He was given an 18-month suspended sentence.
Ian Metcalfe, who prosecuted on behalf of the probation service, advised Cusker he shouldn’t face the hearing without representation, and barrister Gwen Henshaw offered to take on the case and took instruction from the defendant.
The defendant wore a grey jacket and sat looking straight at Judge Manley with his head in his hands for some of the sentencing.
Mr Metcalfe outlined issues on behalf of the probation service including “failure to attend probation meetings, or failure to provide evidence of a reasonable excuse for failure to attend meetings.”
He said Cusker was part of a group that forced their way into Old Trafford, and Judge Manley added: “He certainly had a busy day that day. He was over at The Lowry Hotel in Salford with a pyrotechnic device.”
The court also heard that subsequently Cusker was arrested in July this year for possession of cocaine.
Mr Metcalfe told the court that whilst it was true when the original court order was put in place Cusker had been the sole carer of his two children, last Friday they were put into interim foster care.
Ms Henshaw, defending, told the court: “He understands he has already been dealt with leniently. He knows that your honour won’t be able to just slap him on the wrist.”
But debating any further community-based punishments, Judge Manley said: “He hasn’t shown much enthusiasm for thinking skills or unpaid work so what is the point of piling on any more commitments.”
But Ms Henshaw asked the judge to “give him a chance to right his wrongs.”
She added that Cusker “has ADHD, a low IQ, and was himself looked after in care as a child”.
Summing up, Judge Manley said: “The demonstrations were against the Glazer family who were staying at the Lowry Hotel. All fixtures at the time were being played behind closed doors because of the pandemic. He was one of many protestors who turned out, with almost 2,000 in total.
“Setting off the flare in the street and the incident outside the Lowry Hotel all took place on the same day. The aggression became more and more prevalent against the police and Manchester United stewards. It escalated into a large incident of disorder.”
Indicating Cusker’s level of involvement in the incident, Judge Manley said: “He’s one of the first to damage and breach the red barriers. He made his way to the front of the crowd, where he tried to climb the Munich tunnel. He eventually scaled the gate and made it into the stadium. He then went into the player’s tunnel, and tried to open another door but failed to do so.”
She described his behaviour that day as “toxic in the extreme.”
Judge Manley said: “Now your children have been taken off of you, there’s no reason you can’t do unpaid work.
“I’ve decided I’m going to suspend your sentence possibly against my better judgement. You owe Miss Henshaw an enormous debt of gratitude.
“I won’t forget the case. Any messing around, I’ve told the probation service to just breach you. You’ll come back before me, I will not forget you.”
Cusker was handed an 18-month suspended sentence, 10 RAR days, the Thinking Skills Programme, and he’ll be back in court for a six-week review.
Recent Comments