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



Liverpool Comes up Short against Forest Again in Premier League as Man City’s Fallibility Returns

 Nottingham Forest's Chris Wood greets fans at the end of the English Premier League soccer match between Nottingham Forest and Liverpool at the City Ground stadium in Nottingham, England, Tuesday, Jan. 14, 2025. (AP)
Nottingham Forest's Chris Wood greets fans at the end of the English Premier League soccer match between Nottingham Forest and Liverpool at the City Ground stadium in Nottingham, England, Tuesday, Jan. 14, 2025. (AP)
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Liverpool Comes up Short against Forest Again in Premier League as Man City’s Fallibility Returns

 Nottingham Forest's Chris Wood greets fans at the end of the English Premier League soccer match between Nottingham Forest and Liverpool at the City Ground stadium in Nottingham, England, Tuesday, Jan. 14, 2025. (AP)
Nottingham Forest's Chris Wood greets fans at the end of the English Premier League soccer match between Nottingham Forest and Liverpool at the City Ground stadium in Nottingham, England, Tuesday, Jan. 14, 2025. (AP)

Liverpool will be glad to see the back of Nottingham Forest.

Two games against the big surprise of the Premier League season have yielded just one point for the leaders after their 1-1 draw at Forest’s rocking City Ground on Tuesday.

Liverpool has lost only once in 20 games so far this campaign — and that was 1-0 at home to Forest in September.

Four months later, Diogo Jota scored with a header from a corner in the 66th minute — just 22 seconds after coming on as a substitute — to earn Liverpool a draw that maintained its six-point cushion over Forest, which moved into second place in its improbable bid to qualify for the Champions League. And who knows, maybe more.

Forest was on course to record an unlikely home-and-away double over Arne Slot’s team after top scorer Chris Wood scored in the eighth minute.

Liverpool piled on the pressure late on but again failed to defeat Forest, which started the season more likely to be in a relegation battle than competing for the title.

"Before the season we needed to get as quickly as possible to 40 points," Forest goalkeeper Matz Sels said, referring to the total that typically is enough to guarantee safety. "With 17 games to go, we have got 41 so we can look a little bit higher."

Forest’s fans goaded Slot at times in a febrile atmosphere at the City Ground that hasn’t been this bouncing for a generation. The good times look to be back at a club that was famously European champions in back-to-back years under managerial great Brian Clough, in 1979 and '80.

Liverpool has a game in hand over Forest so is still in a strong position to win a record-tying 20th English league title. Arsenal is in third place, a further point back, and can trim the gap to Liverpool to four points by beating Tottenham in the north London derby on Wednesday.

"If we continue bringing performances like in the second half today," Slot said, "then we will not always be that unlucky that it ends with a draw."

City's fallibility returns

Manchester City showed more late-game fallibility in squandering a two-goal lead to draw 2-2 at Brentford.

City conceded in the 82nd minute and again two minutes into stoppage time after Phil Foden scored twice for the struggling champions, who are battling to simply qualify for the Champions League this season.

Prior to winning its last two league games against Leicester and West Ham, City had won just one in nine to drop out of the Champions League qualification positions. During that poor run, City conceded two late goals to lose to Manchester United while also throwing away a three-goal lead late in a 3-3 draw against Feyenoord in the Champions League.

"We have to manage (games) a little bit better," City manager Pep Guardiola said, "but today was not bad."

Yoane Wissa and Christian Norgaard were the scorers for Brentford to leave City in sixth place.

Last-gasp equalizer for Chelsea

Chelsea salvaged a 2-2 draw at home to Bournemouth thanks to Reece James' free kick in the fifth minute of stoppage time but saw its winless run in the league extend to five games.

Cole Palmer put Chelsea ahead with a cheeky finish in the 13th minute for his 14th goal of the season, only for Bournemouth to respond as Antoine Semenyo won a penalty — converted by Justin Kluivert — and smashed home a rising finish in the 68th.

Chelsea stayed in fourth place — at least until fifth-place Newcastle plays on Wednesday.

Potter’s first win Graham Potter secured his first win as West Ham manager as his new team beat Fulham 3-2.

Carlos Soler and Tomas Soucek scored first-half goals before Lucas Paqueta grabbed the crucial third for West Ham, which brought in Potter last week as a replacement for the fired Julen Lopetegui.

Potter’s first match in charge was a defeat at Aston Villa in the FA Cup on Friday.

Alex Iwobi scored Fulham’s goals to make it 2-1 and then 3-2.

West Ham moved 10 points clear of the relegation zone with the victory.

Orient set for City in FA Cup Third-tier Leyton Orient set up a fourth-round match with Man City in the FA Cup next month by beating second-tier Derby 6-5 on penalties.