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



PSG Crush Real Madrid 4-0 to Reach Club World Cup Final

Soccer Football - FIFA Club World Cup - Semi Final - Paris St Germain v Real Madrid - MetLife Stadium, East Rutherford, New Jersey, U.S. - July 9, 2025 Paris St Germain's Fabian Ruiz celebrates scoring their first goal with Khvicha Kvaratskhelia REUTERS/Amanda Perobelli
Soccer Football - FIFA Club World Cup - Semi Final - Paris St Germain v Real Madrid - MetLife Stadium, East Rutherford, New Jersey, U.S. - July 9, 2025 Paris St Germain's Fabian Ruiz celebrates scoring their first goal with Khvicha Kvaratskhelia REUTERS/Amanda Perobelli
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PSG Crush Real Madrid 4-0 to Reach Club World Cup Final

Soccer Football - FIFA Club World Cup - Semi Final - Paris St Germain v Real Madrid - MetLife Stadium, East Rutherford, New Jersey, U.S. - July 9, 2025 Paris St Germain's Fabian Ruiz celebrates scoring their first goal with Khvicha Kvaratskhelia REUTERS/Amanda Perobelli
Soccer Football - FIFA Club World Cup - Semi Final - Paris St Germain v Real Madrid - MetLife Stadium, East Rutherford, New Jersey, U.S. - July 9, 2025 Paris St Germain's Fabian Ruiz celebrates scoring their first goal with Khvicha Kvaratskhelia REUTERS/Amanda Perobelli

Paris St Germain's Spanish midfielder Fabian Ruiz scored twice in a devastating first-half display as the French champions demolished Real Madrid 4-0 on Wednesday to book their place in the Club World Cup final against Chelsea.

Two defensive errors handed PSG their opening goals within nine minutes at MetLife Stadium.

Raul Asencio's poor control in the sixth minute gifted Ousmane Dembele possession and his first effort was saved by Thibaut Courtois before the rebound was picked up by Ruiz who scored into an empty net.

Antonio Ruediger's miskick as he attempted to pass three minutes later allowed Dembele to burst unmarked into the box before firing a tidy finish past Courtois, according to Reuters.

Ruiz struck again in the 24th minute after Achraf Hakimi made a great run down the right and the Spaniard held off defender Raul Asencio with a feint before finishing perfectly from close range.

Substitute Goncalo Ramos completed the rout for European champions PSG three minutes from time, punishing a feeble Real Madrid side who failed to pose any attacking threat.

"It was an incredible match, brilliant win," player of the match Ruiz told DAZN.

"Even under scorching heat, such difficult conditions to play in midday, the team responded really well and it's an achievement to be proud of.

"We made a perfect game and beat a top-level rival like Real Madrid in a great way. It's job well done."

Real Madrid manager Xabi Alonso's tactical gamble backfired spectacularly.

that had served them well in previous rounds, reverting to a four-man backline that proved woefully inadequate against PSG's attacking prowess.

PSG, who thrashed Inter Milan 5-0 in the Champions League final last month, smelled blood from the opening whistle and never relented against opponents who looked clueless on how to approach Gianluigi Donnarumma's goal even with French forward Kylian Mbappe back in the starting side after illness.

Dembele almost scored in the fourth minute with a curling strike from inside the box that Courtois stopped with a brilliant one-handed save before the keeper produced another stunning reflex block from a close-range strike by Ruiz.

But there was nothing he could do to deny PSG from opening a three-goal lead and the French team had more chances to extend their advantage further before the break.

Real made no changes at halftime and PSG stayed in control, with Desire Doue having a goal ruled out for an offside.

The Spanish side never came close to causing Donnarumma a serious problem and Ramos added a fourth goal for PSG.

"At the beginning, the setback was strong enough with a 2-0 down. We knew that the task was really tough," Real coach Alonso told DAZN.

"At the moment, the feeling is not the best, but we'll have to try to learn from today. They are a team that has been built in two years and we are just starting here, so it will take time.

"Right now what we need is a proper break. This is not the beginning of next year, this is just the end of this season. After just three weeks here, I think that we can take positives from this period, not from today. We take lessons from today."