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



Motorcycling-Double Dakar Winner Sunderland Chasing Round the World Record

Rallying - Dakar Rally - Prologue - Alula to Alula - Alula, Saudi Arabia - January 5, 2024 Red Bull GASGAS Factory's Sam Sunderland in action during the prologue stage REUTERS/Hamad I Mohammed/File Photo
Rallying - Dakar Rally - Prologue - Alula to Alula - Alula, Saudi Arabia - January 5, 2024 Red Bull GASGAS Factory's Sam Sunderland in action during the prologue stage REUTERS/Hamad I Mohammed/File Photo
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Motorcycling-Double Dakar Winner Sunderland Chasing Round the World Record

Rallying - Dakar Rally - Prologue - Alula to Alula - Alula, Saudi Arabia - January 5, 2024 Red Bull GASGAS Factory's Sam Sunderland in action during the prologue stage REUTERS/Hamad I Mohammed/File Photo
Rallying - Dakar Rally - Prologue - Alula to Alula - Alula, Saudi Arabia - January 5, 2024 Red Bull GASGAS Factory's Sam Sunderland in action during the prologue stage REUTERS/Hamad I Mohammed/File Photo

Double Dakar Rally motorcycle champion Sam Sunderland is gearing up to ride around the world in 19 days, a record bid that the Briton expects to be mentally more challenging than anything he has done before.

The bid, launched on Thursday, targets a record of 19 days, eight hours and 25 minutes set in 2002 by Kevin and Julia Sanders for the fastest circumnavigation of the globe by motorcycle.

To beat the feat, which is no longer recognised by Guinness World Records because of the dangers involved, the 36-year-old will have to ride 1,000 miles every day and on public roads across Europe, Türkiye and into the Middle East, Reuters reported.

A flight will take him on to the Australian outback, New Zealand and the Americas. From there, he and the Triumph Tiger 1200 go to Morocco and loop back through Europe to Britain.

What could possibly go wrong?

"I don't think you can ride around the world and cover that many miles a day without having a few hiccups along the way," Sunderland told Reuters with a grin.

"When I try and compare it to the Dakar it's going to be probably, in some sense, tougher. Not physically but mentally.

"In the Dakar you've got a heap of adrenaline, you're super focused, things are changing quite often which makes you have to react. And this is like: 'Right, those are your miles for the day, get them done'. It's more like a mental fatigue."

 

ONE DIRECTION

 

The target time excludes ocean crossings but the journey, starting in September, must go one way around the world and start and finish at the same location on the same machine.

Two antipodal points must be reached on a journey through more than 15 countries and 13 time zones. The Dakar rally covers 5,000 miles over two weeks.

"I was trying to put it into perspective for my mum the other day, and my mum lives in Poole in the south of England, and I was like 'Mum, it's like you driving up to Scotland and perhaps halfway back every day for 19 days'," said Sunderland.

"I'm on the bike for around 17 hours (a day). I set off at 5 a.m. and arrive around 10, 11 p.m. most nights. So definitely later into the day you feel that sort of mental fatigue setting in, and to stay focused and stimulated is not that easy.

"But at least I don't have dunes and mountains to deal with and other riders in the dust, and hopefully not getting lost either."

"I need to behave, let's say, I need to follow the rules of the road and be a good boy with it," said Sunderland, who announced his retirement from professional racing last year.

Sunderland will have a support crew of six travelling behind by car, for security and assistance, but the Red Bull-backed rider expects to be well ahead.

He also hopes his bid will have a positive effect.

"In the news today, it's all sort of doom and gloom in the world, with all the wars going on," he said. "And I think it's quite nice to show people that you can still get out there and experience the world for what it really is."