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



Zheng Loses to No 97 Siegemund, Osaka Rallies to Advance at Australian Open

Germany's Laura Siegemund  (L) shakes hands with China's Zheng Qinwen after the women's singles match on day four of the Australian Open tennis tournament in Melbourne on January 15, 2025. (Photo by DAVID GRAY / AFP)
Germany's Laura Siegemund (L) shakes hands with China's Zheng Qinwen after the women's singles match on day four of the Australian Open tennis tournament in Melbourne on January 15, 2025. (Photo by DAVID GRAY / AFP)
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Zheng Loses to No 97 Siegemund, Osaka Rallies to Advance at Australian Open

Germany's Laura Siegemund  (L) shakes hands with China's Zheng Qinwen after the women's singles match on day four of the Australian Open tennis tournament in Melbourne on January 15, 2025. (Photo by DAVID GRAY / AFP)
Germany's Laura Siegemund (L) shakes hands with China's Zheng Qinwen after the women's singles match on day four of the Australian Open tennis tournament in Melbourne on January 15, 2025. (Photo by DAVID GRAY / AFP)

Distracted by a time penalty and unable to counteract No. 97-ranked Laura Siegemund's aggressive approach, Zheng Qinwen's loss in the second round Wednesday fell a long way short of last year's run to the Australian Open final.
Zheng lost the 2024 decider at Melbourne Park to Aryna Sabalenka and went on to win the Olympic gold medal in Paris and finish runner-up at the WTA Finals in a breakout season.
But her first tournament of the year ended in a 7-6 (3), 6-3 loss on John Cain Arena against 36-year-old Siegemund, who attacked from the first point and put Zheng off her game.
Zheng needed a change of shoes early in the second set, got a time warning on her serve from the chair umpire — she said she couldn't clearly see the clock — and was worried about some minor issues which sidelined her before the Australian Open.
“I feel maybe today is not my day. There’s a lot of details in the important points. I didn’t do the right choice,” The Associated Press quoted Zheng as saying.
Of a weak serve that bounced before the net, Zheng said the time warning from the umpire “obviously that one really distracted me from the match.”
“This is my fourth year in the tour, and never happen that to me.”
Both of last year's women's finalists were playing at the same time on nearby courts.
Sabalenka, the two-time defending champion, extended her run to 16 wins at Melbourne Park by winning the last five games to beat No. 54-ranked Jessica Bouzas Maneiro 6-3, 7-5.
Naomi Osaka, another two-time Australian Open champion, reached the third round of a major for the first time since 2022 when she weathered an early barrage from US Open semifinalist Karolina Muchova before rallying to win 1-6, 6-1, 6-3.
Osaka lost in the first round here last year to Caroline Garcia in her comeback from maternity leave but avenged that with a first-round victory over Garcia this week.
Osaka said she used a loss to Muchova at the US Open as motivation.
“She crushed me in the US Open when I had my best outfit ever,” Osaka joked in a post-match interview. “I was so disappointed. I was so mad. This was my little revenge.”
Osaka will next meet Belinda Bencic, the Tokyo Olympic gold medalist who is playing in her first major since the birth of her daughter, Bella, last year.
Also advancing were No. 7 Jessica Pegula, had a 6-4, 6-2 win over Elise Mertens, and 17-year-old Mirra Andreeva, the No. 14 seed who beat Moyuka Uchijima 6-4, 3-6, 7-6 (8).
The scoreline in Sabalenka's match didn't reflect the difficulty, with Bouzas Maneiro taking huge swipes at the ball in her Australian Open debut and dictating some of the points against the world No. 1-ranked player. Her serve let her down, with Sabalenka able to relieve some pressure on her own serve with five breaks.
No. 7 Jessica Pegula had a 6-4, 6-2 win over Elise Mertens to reach the third round, along with Belinda Bencic and 17-year-old Mirra Andreeva, the No. 14 seed who beat Moyuka Uchijima 6-4, 3-6, 7-6 (8).
Siegemund has never been past the third round in Australia, but is taking confidence from her big upset. Her only lapse was when she was broken serving for the first set. She recovered to dominate the tiebreaker, while Zheng remained too conservative in her tactics until right near the end.
“I knew I just had to play more than my best tennis. I had nothing to lose. I just told myself to swing free,” Siegemund said. Zheng is “an amazing player. One of the best players right now, but I know I can play well and I wanted to show that to myself.”
Third-seeded Carlos Alcaraz, aiming to add the Australian Open title to complete a set of all four major crowns, advanced 6-0, 6-1, 6-4 victory over Yoshihito Nishioka.
“The less time you spend on the court in the Grand Slams, especially at the beginning of the tournament, it’s gonna be better, especially physically,” Alcaraz said. “I just try to be focused on spending as less time as I can,” on court.