FA’s Burden of Proof Over Racism May Need a Higher Standard

 The Leeds goalkeeper Kiko Casilla ‘strenuously denies’ the charge that he racially abused an opponents, his club have said. Photograph: Javier García/BPI/REX/Shutterstock
The Leeds goalkeeper Kiko Casilla ‘strenuously denies’ the charge that he racially abused an opponents, his club have said. Photograph: Javier García/BPI/REX/Shutterstock
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FA’s Burden of Proof Over Racism May Need a Higher Standard

 The Leeds goalkeeper Kiko Casilla ‘strenuously denies’ the charge that he racially abused an opponents, his club have said. Photograph: Javier García/BPI/REX/Shutterstock
The Leeds goalkeeper Kiko Casilla ‘strenuously denies’ the charge that he racially abused an opponents, his club have said. Photograph: Javier García/BPI/REX/Shutterstock

Travel may broaden the mind but some trips are definitely not for the faint-hearted. A navigation of the area of the Football Association’s website containing the reasons behind its disciplinary judgments in racism cases opens a window on to an unedifying world and is possibly best left to intrepid explorers.

On second thoughts, perhaps everyone should make the journey. Maybe all fans need to study the arguments, sometimes complex, exposing the fine details behind Jonjo Shelvey’s five-game ban and £100,000 fine for racially abusing Romain Saïss of Wolves in 2016 and Sophie Jones’s similar suspension for making monkey noises at Renée Hector last spring.

The time seems right to initiate a debate as to whether the FA’s burden of proof – currently the civil standard of “on balance of probabilities” rather than the criminal “beyond reasonable doubt” – remains appropriate.

At a time when racism is on the rise the FA does much laudable work in increasing tolerance, with part of that role quite properly involving zero tolerance of abuse underscored by severe sanctions for offenders. It is imperative victims are taken seriously and justice is seen to be done.

Yet in a highly sensitive sphere when the damaging repercussions for the guilty can be personally and professionally far-reaching and cases are often extremely confusing and contradictory, nagging fears about the present proof-level linger.

With Shelvey and Jones adamant their convictions were wrongful, might the ruling body’s justice system gain greater credibility by adopting the hybrid “comfortable satisfaction of guilt” standard used by the court of arbitration for sport in doping cases?

Angus Kinnear, Leeds United’s managing director, would prefer “beyond reasonable doubt”. His club’s goalkeeper, Kiko Casilla, is shortly scheduled to face an FA independent commission tasked with deciding whether to uphold the charge that he racially abused Charlton’s Jonathan Leko. Should the panel find him guilty of an offence Casilla denies, he can expect to be banned for between six and 12 matches, potentially jeopardising Leeds’s promotion hopes.

“We fully support such a serious allegation being subjected to disciplinary process,” Kinnear says. “Our concern is that the burden of proof for an FA hearing is not ‘beyond all reasonable doubt’. We believe that, in cases of this seriousness, the higher standard of proof is more appropriate; one man’s reputation is at stake.”

He could have a point. Newcastle’s Shelvey was accused of calling Saïss – a French midfielder of Moroccan heritage – “an Arab or Moroccan prick or cunt”. Jones, a former Sheffield United Ladies striker, was said to have made monkey noises at the mixed-race Hector. In both instances the lack of corroborative evidence dictated that the Crown Prosecution Service would have been unlikely to consider initiating criminal proceedings.

That does not necessarily mean the commission’s decisions were wrong but they look less than watertight. After repeatedly reading the written reasons it does not seem impossible Jones might have made spiteful, childish, non-monkey noises simply to mock Hector’s weight as she jumped for a header.

Shelvey’s defence that he had instead, charmingly, called Saïss “a smelly breathed prick” seemed complicated by the non-English speaking Wolves midfielder having heard nothing. The complaint was made by opposition players who had earlier listened to Shelvey calling them peasants as he emphasised his significantly fatter wage packet by, in football’s vernacular, “cashing off”. “I didn’t say it but that stain will be always be there,” Shelvey has said. “I have to live with people calling me racist.”

Jones has given up football and has been similarly critical. “It was a kangaroo court,” she said. “I have no confidence in the FA.”

Admittedly kangaroo is a term the lawyers and former players and managers comprising the independent regulatory panels that assess evidence and hear witnesses cross-examined by the respective parties’ QC’s would balk at. Footballers-turned-lawyers Udo Onwere, Stuart Ripley and Gareth Farrelly often feature on experienced and diverse three-person panels alongside former pros such as Marvin Robinson and Tony Agana. Female representatives include the barrister Arshia Hashmi.

If Casilla could soon demand their attention, so too will Mark Sampson. Shortly after Stevenage’s first-team coach was promoted, temporarily, to caretaker manager in September the FA received a complaint from a newly sacked member of the ousted manager, Dino Maamria’s, staff. They alleged Sampson counselled against signing a defender because he was Nigerian. The former England women’s manager denies a resultant FA charge he maintains is malicious and was exonerated by Stevenage’s own investigation.

Given Sampson’s past – namely, the discriminatory remarks he was found to have directed at Eni Aluko and Drew Spence – a guilty verdict could seriously harm his career. That places huge responsibility on a disciplinary panel, arguably increasing the case for adopting a Cas style hybrid as the required proof in FA racism cases.

Advocates of “beyond reasonable doubt” should consider Fernando Forestieri’s alleged abuse of Krystian Pearce. In March the Sheffield Wednesday forward was found not guilty of racially harassing the Mansfield defender by a criminal court, but in July he received a guilty FA misconduct verdict and six-match ban.

The ruling body justified this glaring divergence by citing the trial judge’s comment that a lack of supporting evidence meant he had to accept it was possible, although in his judgment, unlikely that Pearce misheard, thereby prefacing the not guilty verdict. In law, as in life, perfection is frequently elusive but “comfortable satisfaction of guilt” seems a pretty fair compromise.

The Guardian Sport



Shakhtar Boss Pays Ukrainian Racer $200,000 After Games Disqualification

Ukrainian President Volodymyr Zelenskiy holds helmet as he meets with a Ukrainian skeleton racer Vladyslav Heraskevych , who was disqualified from the Olympic skeleton competition over his "helmet of remembrance" depicting athletes killed since Russia's invasion and his father and coach, Mykhailo Heraskevych, amid Russia's attack on Ukraine, in Munich, Germany February 13, 2026. (Ukrainian Presidential Press Service/Handout via Reuters)
Ukrainian President Volodymyr Zelenskiy holds helmet as he meets with a Ukrainian skeleton racer Vladyslav Heraskevych , who was disqualified from the Olympic skeleton competition over his "helmet of remembrance" depicting athletes killed since Russia's invasion and his father and coach, Mykhailo Heraskevych, amid Russia's attack on Ukraine, in Munich, Germany February 13, 2026. (Ukrainian Presidential Press Service/Handout via Reuters)
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Shakhtar Boss Pays Ukrainian Racer $200,000 After Games Disqualification

Ukrainian President Volodymyr Zelenskiy holds helmet as he meets with a Ukrainian skeleton racer Vladyslav Heraskevych , who was disqualified from the Olympic skeleton competition over his "helmet of remembrance" depicting athletes killed since Russia's invasion and his father and coach, Mykhailo Heraskevych, amid Russia's attack on Ukraine, in Munich, Germany February 13, 2026. (Ukrainian Presidential Press Service/Handout via Reuters)
Ukrainian President Volodymyr Zelenskiy holds helmet as he meets with a Ukrainian skeleton racer Vladyslav Heraskevych , who was disqualified from the Olympic skeleton competition over his "helmet of remembrance" depicting athletes killed since Russia's invasion and his father and coach, Mykhailo Heraskevych, amid Russia's attack on Ukraine, in Munich, Germany February 13, 2026. (Ukrainian Presidential Press Service/Handout via Reuters)

The owner of ‌Ukrainian football club Shakhtar Donetsk has donated more than $200,000 to skeleton racer Vladyslav Heraskevych after the athlete was disqualified from the Milano Cortina Winter Games before competing over the use of a helmet depicting Ukrainian athletes killed in the war with Russia, the club said on Tuesday.

The 27-year-old Heraskevych was disqualified last week when the International Bobsleigh and Skeleton Federation jury ruled that imagery on the helmet — depicting athletes killed since Russia invaded Ukraine in 2022 — breached rules on athletes' expression at ‌the Games.

He ‌then lost an appeal at the Court ‌of ⁠Arbitration for Sport hours ⁠before the final two runs of his competition, having missed the first two runs due to his disqualification.

Heraskevych had been allowed to train with the helmet that displayed the faces of 24 dead Ukrainian athletes for several days in Cortina d'Ampezzo where the sliding center is, but the International Olympic Committee then ⁠warned him a day before his competition ‌started that he could not wear ‌it there.

“Vlad Heraskevych was denied the opportunity to compete for victory ‌at the Olympic Games, yet he returns to Ukraine a ‌true winner," Shakhtar President Rinat Akhmetov said in a club statement.

"The respect and pride he has earned among Ukrainians through his actions are the highest reward. At the same time, I want him to ‌have enough energy and resources to continue his sporting career, as well as to fight ⁠for truth, freedom ⁠and the remembrance of those who gave their lives for Ukraine," he said.

The amount is equal to the prize money Ukraine pays athletes who win a gold medal at the Games.

The case dominated headlines early on at the Olympics, with IOC President Kirsty Coventry meeting Heraskevych on Thursday morning at the sliding venue in a failed last-minute attempt to broker a compromise.

The IOC suggested he wear a black armband and display the helmet before and after the race, but said using it in competition breached rules on keeping politics off fields of play. Heraskevych also earned praise from Ukraine President Volodymyr Zelenskiy.


Speed Skating-Italy Clinch Shock Men’s Team Pursuit Gold, Canada Successfully Defend Women’s Title

 Team Italy with Davide Ghiotto, Andrea Giovannini, Michele Malfatti, celebrate winning the gold medal on the podium of the men's team pursuit speed skating race at the 2026 Winter Olympics, in Milan, Italy, Tuesday, Feb. 17, 2026. (AP)
Team Italy with Davide Ghiotto, Andrea Giovannini, Michele Malfatti, celebrate winning the gold medal on the podium of the men's team pursuit speed skating race at the 2026 Winter Olympics, in Milan, Italy, Tuesday, Feb. 17, 2026. (AP)
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Speed Skating-Italy Clinch Shock Men’s Team Pursuit Gold, Canada Successfully Defend Women’s Title

 Team Italy with Davide Ghiotto, Andrea Giovannini, Michele Malfatti, celebrate winning the gold medal on the podium of the men's team pursuit speed skating race at the 2026 Winter Olympics, in Milan, Italy, Tuesday, Feb. 17, 2026. (AP)
Team Italy with Davide Ghiotto, Andrea Giovannini, Michele Malfatti, celebrate winning the gold medal on the podium of the men's team pursuit speed skating race at the 2026 Winter Olympics, in Milan, Italy, Tuesday, Feb. 17, 2026. (AP)

An inspired Italy delighted the home crowd with a stunning victory in the Olympic men's team pursuit final as

Canada's Ivanie Blondin, Valerie Maltais and Isabelle Weidemann delivered another seamless performance to beat the Netherlands in the women's event and retain their title ‌on Tuesday.

Italy's ‌men upset the US who ‌arrived ⁠at the Games ⁠as world champions and gold medal favorites.

Spurred on by double Olympic champion Francesca Lollobrigida, the Italian team of Davide Ghiotto, Andrea Giovannini and Michele Malfatti electrified a frenzied arena as they stormed ⁠to a time of three ‌minutes 39.20 seconds - ‌a commanding 4.51 seconds clear of the ‌Americans with China taking bronze.

The roar inside ‌the venue as Italy powered home was thunderous as the crowd rose to their feet, cheering the host nation to one ‌of their most special golds of a highly successful Games.

Canada's women ⁠crossed ⁠the line 0.96 seconds ahead of the Netherlands, stopping the clock at two minutes 55.81 seconds, and

Japan rounded out the women's podium by beating the US in the Final B.

It was only Canada's third gold medal of the Games, following Mikael Kingsbury's win in men's dual moguls and Megan Oldham's victory in women's freeski big air.


Lindsey Vonn Back in US Following Crash in Olympic Downhill 

Milano Cortina 2026 Olympics - Alpine Skiing - Women's Downhill 3rd Official Training - Tofane Alpine Skiing Centre, Belluno, Italy - February 07, 2026. Lindsey Vonn of United States in action during training. (Reuters)
Milano Cortina 2026 Olympics - Alpine Skiing - Women's Downhill 3rd Official Training - Tofane Alpine Skiing Centre, Belluno, Italy - February 07, 2026. Lindsey Vonn of United States in action during training. (Reuters)
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Lindsey Vonn Back in US Following Crash in Olympic Downhill 

Milano Cortina 2026 Olympics - Alpine Skiing - Women's Downhill 3rd Official Training - Tofane Alpine Skiing Centre, Belluno, Italy - February 07, 2026. Lindsey Vonn of United States in action during training. (Reuters)
Milano Cortina 2026 Olympics - Alpine Skiing - Women's Downhill 3rd Official Training - Tofane Alpine Skiing Centre, Belluno, Italy - February 07, 2026. Lindsey Vonn of United States in action during training. (Reuters)

Lindsey Vonn is back home in the US following a week of treatment at a hospital in Italy after breaking her left leg in the Olympic downhill at the Milan Cortina Games.

“Haven’t stood on my feet in over a week... been in a hospital bed immobile since my race. And although I’m not yet able to stand, being back on home soil feels amazing,” Vonn posted on X with an American flag emoji. “Huge thank you to everyone in Italy for taking good care of me.”

The 41-year-old Vonn suffered a complex tibia fracture that has already been operated on multiple times following her Feb. 8 crash. She has said she'll need more surgery in the US.

Nine days before her fall in Cortina d'Ampezzo, Italy, Vonn ruptured the ACL in her left knee in another crash in Switzerland.

Even before then, all eyes had been on her as the feel-good story heading into the Olympics for her comeback after nearly six years of retirement.