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



Rybakina Topples Pegula to Book Place in WTA Finals Title Clash in Riyadh

 Elena Rybakina of Kazakhstan acknowledges the applause from the crowd after her win against Jessica Pegula of the United States in the women's singles semifinal match at the WTA tennis finals in Riyadh, Saudi Arabia, Friday, Nov. 7, 2025. (AP)
Elena Rybakina of Kazakhstan acknowledges the applause from the crowd after her win against Jessica Pegula of the United States in the women's singles semifinal match at the WTA tennis finals in Riyadh, Saudi Arabia, Friday, Nov. 7, 2025. (AP)
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Rybakina Topples Pegula to Book Place in WTA Finals Title Clash in Riyadh

 Elena Rybakina of Kazakhstan acknowledges the applause from the crowd after her win against Jessica Pegula of the United States in the women's singles semifinal match at the WTA tennis finals in Riyadh, Saudi Arabia, Friday, Nov. 7, 2025. (AP)
Elena Rybakina of Kazakhstan acknowledges the applause from the crowd after her win against Jessica Pegula of the United States in the women's singles semifinal match at the WTA tennis finals in Riyadh, Saudi Arabia, Friday, Nov. 7, 2025. (AP)

Elena Rybakina came from a set down to dismantle Jessica Pegula 4-6 6-4 6-3 on Friday and make the WTA Finals title clash in Riyadh, where the Kazakh will face either Aryna Sabalenka or Amanda Anisimova for a shot at her first season-ending crown.

World number one Sabalenka meets American Anisimova next at the King Saud University Sports Arena in a rematch of their US Open final in September, which the Belarusian won in straight sets to claim her fourth Grand Slam trophy.

Pegula dialed up the intensity after an early exchange of breaks in the opening set, as the 2023 runner-up eased to a 4-2 lead when Rybakina appeared to struggle with accuracy due to a shoulder issue sustained during her warm-up a day earlier.

"It was such a tough battle. It's always difficult to play against Jessica and she started pretty well," Rybakina said.

"It was very quick, she broke me and it wasn't easy to come back. I'm glad I managed to find my way in the second and win it in a three-set battle."

The 31-year-old Pegula promptly closed out the first stanza thanks to Rybakina's 25th unforced error, but there was a sudden shift in momentum in the next set as she found herself 1-4 behind and in danger of being dragged the distance.

Pegula recovered her rhythm and pushed hard in her bid to draw level in the set, but Rybakina responded fiercely in the 10th game to force a decider, where the pair swapped breaks again in a tight battle.

A forehand into the net from Pegula at the end of the eighth game handed the advantage back to Rybakina, who remained calm to hold in the next game and secure the victory that maintained her perfect record in the season finale.

"My serve helped me when I needed it," said Rybakina, who sent down 15 aces.

"I was trying to stay focused on each point when we had some tough rallies. In the end I managed to push myself a bit more."


Tommy Fleetwood Sits at the Top of the Leaderboard after 36 Holes in Abu Dhabi

Fleetwood in tie for lead at halfway stage in Abu Dhabi - AFP
Fleetwood in tie for lead at halfway stage in Abu Dhabi - AFP
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Tommy Fleetwood Sits at the Top of the Leaderboard after 36 Holes in Abu Dhabi

Fleetwood in tie for lead at halfway stage in Abu Dhabi - AFP
Fleetwood in tie for lead at halfway stage in Abu Dhabi - AFP

Tommy Fleetwood produced another strong round on Friday to head into the weekend at the Abu Dhabi Championship tied for the lead with fellow Englishman Aaron Rai.

Fleetwood started his second round with three birdies in a row and carded seven in total, shooting a six-under 66 to climb to 14-under for the tournament, AFP reported.

The two-time former winner and reigning FedEx Cup champion began the day in a five-way share of the lead but soon hit the front after catching up with early starter Nacho Elvira.

Fleetwood's lone bogey came at the 15th but he gained that stroke back on the next hole with a putt from 12 feet.

"That was good, especially when you've had a good round the day before. They always say it's hard to follow up a good round with another good one, or a low one with another one."

Fleetwood is level with Rai, who delivered the highlight of the day with an albatross at the par-five second hole.

"I actually caught it a little bit clean off the face, the line was great. I think it probably pitched around the front edge and chased its way down there," said Rai, who holed out from around 220 yards.

"We couldn't see it from back on the fairway, so it was a nice surprise."

Rai carried that momentum through his round and added five birdies to sign for an eight-under 64.

"It was really good. Struck it really well tee-to-green. Had a lot of chances. Just felt very stress-free overall," he said.

Richard Sterne, Andy Sullivan and Nicolai Hojgaard are two shots behind at the head of the chasing pack.

Shane Lowry, who matched Ryder Cup team-mate Fleetwood on Thursday, dropped off the pace with back-to-back bogeys to close out round two as he recorded a three-under 69.

Rory McIlroy is six shots off the top as the Northern Irishman carded another four-under 68. Matt Fitzpatrick and Robert McIntyre are a further shot behind.


UK Police Arrest 11 Around Soccer Match between Aston Villa, Israeli Club Maccabi Tel Aviv

Pro Palestinian campaigners protest outside Villa Park, ahead of the Europa League soccer match between Aston Villa and Maccabi Tel Aviv in Birmingham, England, Thursday, Nov. 6, 2025. (Joe Giddens/PA via AP)
Pro Palestinian campaigners protest outside Villa Park, ahead of the Europa League soccer match between Aston Villa and Maccabi Tel Aviv in Birmingham, England, Thursday, Nov. 6, 2025. (Joe Giddens/PA via AP)
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UK Police Arrest 11 Around Soccer Match between Aston Villa, Israeli Club Maccabi Tel Aviv

Pro Palestinian campaigners protest outside Villa Park, ahead of the Europa League soccer match between Aston Villa and Maccabi Tel Aviv in Birmingham, England, Thursday, Nov. 6, 2025. (Joe Giddens/PA via AP)
Pro Palestinian campaigners protest outside Villa Park, ahead of the Europa League soccer match between Aston Villa and Maccabi Tel Aviv in Birmingham, England, Thursday, Nov. 6, 2025. (Joe Giddens/PA via AP)

British police said Friday that 11 people were arrested the previous night around the highly charged Europa League soccer match in Birmingham between English Premier League side Aston Villa and Maccabi Tel Aviv, a match that saw fans of the Israeli team banned.

In an update Friday, West Midlands Police said five of those arrested were on suspicion of racially aggravated offenses. The others included failure to comply with orders and breaching the peace.

The police force deployed more than 700 officers around the Villa Park stadium over concerns of clashes between pro-Palestinian and pro-Israeli groups, The AP news reported

Though tensions were high ahead of the match, there were no serious incidents.

A pro-Palestine protest was held outside the stadium before kick-off, where hundreds turned up with Palestinian flags and anti-Israeli banners.

There was a flashpoint as a woman holding an Israeli flag walked past but she was quickly escorted away by police before it escalated.

There was also a counter-Israeli protest at the other side of Villa Park, with protesters holding up signs reading “Keep antisemitism out of football." Five vehicles were driven past the ground carrying electronic billboards showing messages opposing antisemitism.

One of the messages, beside a Star of David, read “Ban hatred not fans” while another carried a quote from French soccer legend Thierry Henry saying football is not about goals but bringing people together.

The match, which Aston Villa won 2-0, was in the spotlight after officials in Birmingham decided last month to ban visiting fans from attending. The decision was widely criticized, including from British Prime Minister Keir Starmer, but lauded by others, who said Maccabi fans have a recent history of violence.

West Midlands Police said it had deemed the match to be high risk “based on current intelligence and previous incidents,” including violence and hate crimes that took place when Maccabi Tel Aviv played Ajax in Amsterdam last season.

Following the furor, Maccabi announced they would decline any away tickets for the clash,

The ban came at a time of heightened worries about antisemitism in Britain following a deadly attack on a Manchester synagogue last month and calls from Palestinians and their supporters for a sports boycott of Israel over the war against Hamas in Gaza. Hopes that the recent ceasefire would ease tensions appear premature.