A POLICE union has warned that putting Hibs and Rangers in the clear over paying for the damage to Hampden caused by the Scottish Cup Final disorder is sending the wrong public message.

The rejection of strict liability rules to tackle fan misbehaviour was a major factor as both clubs escaped punishment as a judicial panel dismissed a Scottish Football Association complaint that called for the clubs to cover the cost of the destruction at the national stadium.

Hibs triumphed 3-2 to win the Scottish Cup for the first time in 114 years on May 21, but the post match celebrations were marred by scenes of crowd disorder, a pitch invasion and damage to goalposts, corner flags, seats and advertising hoardings.

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Hibs, in welcoming the decision confirmed it has paid a sum, so far undisclosed, to cover for damage to the pitch.

The Hibernian Supporters Association has been raising £4,733 to pay for damage to the goalposts, corner flags, pitch and seats and in seven days has raised £1,424.

The independent judicial panel decision had meant that neither club were obliged to pay a penny for the the damage caused at Hampden.

The main decision to reject the pursuit of Hibs for damage to the ground, meant the SFA case against Rangers was withdrawn.

Calum Steele, general secretary of the Scottish Police Federation, effectively the trade union for constables and sergeants, said: "The general perception that individuals can behave in any manner that they want, cause whatever damage what they want, and unless that happens to be caught or identified by police inquiries [will not get punished], is one which will strike the vast majority of the public as very very strange indeed."

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A much-criticised report by Sheriff Principal Edward Bowen QC into the disorder suggested a reserve of police should be ready to deal with possible pitch invasions in high profile matches and said new laws should be brought in to make pitch invasion a criminal offence.

More than 70 Rangers and Hibs supporters have so far been arrested for violence on the pitch, with Rangers players Wes Foderingham and Andy Halliday among those assaulted by rival fans.

The clubs were alleged to have breached a disciplinary rule which states "damage was sustained to Hampden... as a consequence of misbehaviour by supporters".

The panel unanimously dismissed the complaint as "irrelevant" and said it was the rejection of strict liability rules was a factor in the decision.

Strict liability, allows for clubs to be punished for the conduct of its fans regardless of whether the club itself is to blame. It is used by Uefa for European competitions but in the past the Scottish Professional Football League (SPFL) clubs have voted against its introduction.

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Sanctions under strict liability include warnings, fines, annulment of the result of a match, order that a match be replayed, the closure of sections of grounds, playing matches behind closed doors and the docking of points."

Under current rules, clubs can avoid sanctions if they demonstrate that they have taken "reasonably practicable" steps to avoid unacceptable behaviour from supporters.

The panel chairman's notes of reason said that a compliance officer had accepted that he is relying on Rule 28 to import strict liability to the club for the actions of the supporters.

"In analysing the provisions relied upon by the compliance officer we take account of the information provided to us, that at the Scottish FA Board meeting in June 2013 the clubs emphatically rejected an amendment of Article 28 which would have given rise to strict liability by providing that clubs “ensured” the 'good conduct' of their supporters 'in any ground'. That rejection is part of the football context.

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"We posed the question – what should the club have done or not done to avoid an infringement of Rule 28? We found ourselves unable to answer that question."

The chairman adds: "The panel has to be satisfied that the provisions are clear and unambiguous and do not conflict with requirements of procedural fairness and natural justice before taking that step.

The panel concluded:"It may be thought odd that there is no apparent disciplinary sanction for this event. But that is a matter for the [SFA] members to deal with, in clear terms, rather than for the judicial panel to innovate by a purposive interpretation of the rules. From the information which we have, there is a limited appetite for strict liability within Scottish football."

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The panel also say the "decision is without prejudice to the right of the SFA to seek reparation or restitution".

The SFA had claimed the surface of the pitch, a set of goal posts and parts of the LED advertising system had been damaged by Hibs fans.

Rangers supporters also stood accused of damaging advertising equipment and advertising hoardings situated at the perimeter of the pitch.