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



Bayern Faces Tough Leverkusen Test in Bundesliga after 6-1 Win and Injury Concerns

Bayern Munich's players celebrate at the end of the UEFA Champions League round of 16 1st leg soccer match between Atalanta BC and FC Bayern Munich at the Bergamo Stadium in Bergamo, Italy, 10 March 2026.  EPA/MICHELE MARAVIGLIA
Bayern Munich's players celebrate at the end of the UEFA Champions League round of 16 1st leg soccer match between Atalanta BC and FC Bayern Munich at the Bergamo Stadium in Bergamo, Italy, 10 March 2026. EPA/MICHELE MARAVIGLIA
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Bayern Faces Tough Leverkusen Test in Bundesliga after 6-1 Win and Injury Concerns

Bayern Munich's players celebrate at the end of the UEFA Champions League round of 16 1st leg soccer match between Atalanta BC and FC Bayern Munich at the Bergamo Stadium in Bergamo, Italy, 10 March 2026.  EPA/MICHELE MARAVIGLIA
Bayern Munich's players celebrate at the end of the UEFA Champions League round of 16 1st leg soccer match between Atalanta BC and FC Bayern Munich at the Bergamo Stadium in Bergamo, Italy, 10 March 2026. EPA/MICHELE MARAVIGLIA

Bayern Munich is heading to Bayern Leverkusen in the Bundesliga after contrasting Champions League games in midweek for the two clubs.

Bayern was on rampant form in a 6-1 win at Atalanta overshadowed by injuries in the first leg of their round of 16 matchup, while Leverkusen had to settle for a 1-1 draw against Premier League leader Arsenal which kept its hopes alive.

Bayern leads the Bundesliga by 11 points with nine games remaining, The Associated Press reported.

Key matchups There aren't many tricky away trips for Bayern in the Bundesliga these days, but Leverkusen is one of them. Bayern hasn't won there in the league since October 2021, though Vincent Kompany's team did get a victory in a Champions League playoff last year.

Hoffenheim is flying high in third, which would be its best finish since Julian Nagelsmann coached the team in 2017-18. Saturday's opponent Wolfsburg is having a nightmarish campaign in the relegation zone as Dieter Hecking becomes the team's third coach of the season.

In a tight Champions League qualification fight, fourth-place Stuttgart is unbeaten in four Bundesliga games as it takes on fifth-place Leipzig, which is unbeaten in five, on Sunday.

Players to watch Deniz Undav has scored in his last four Bundesliga games to take him to 15 goals for the season. Even if he's got half of Kane's tally of Bundesliga goals for Bayern, it's enough for second in the standings. Undav's run of form could help him make his case for a return to the Germany squad in time for the World Cup.

Nico Schlotterbeck could be one of the most in-demand defenders on the transfer market this off-season, with no obvious progress on renewing a Borussia Dortmund contract which expires next year, though a decision to let midfielder Julian Brandt leave might free up some funds. Dortmund plays Augsburg on Sunday.

Who's out Manuel Neuer's return from a calf injury lasted just 45 minutes last week before the Bayern goalkeeping great picked up another calf injury which kept him out of Tuesday's Champions League win at Atalanta. Jonas Urbig stepped in but was hurt in a heavy collision with an opponent, so third-choice Sven Ulreich may start.

Kane has missed two games with a calf issue but is set to return, though Alphonso Davies has pulled a hamstring and Bayern said Jamal Musiala was experiencing pain related to an ankle injury from last year. It wasn't immediately clear how seriously that would affect Musiala.

Off the field Two bizarre disciplinary cases are getting German fans talking. The national soccer federation is investigating Cologne for its announcer making comments over the PA system loudly condemning refereeing decisions that went against the team.

Second-division Preussen Muenster faces a disciplinary case over a masked fan who unplugged the referee's video monitor during a penalty review against the team.


Alonso Fears More Pain in China with Struggling Aston Martin

Fernando Alonso expects a difficult weekend in his Aston Martin in China. Paul Crock / AFP
Fernando Alonso expects a difficult weekend in his Aston Martin in China. Paul Crock / AFP
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Alonso Fears More Pain in China with Struggling Aston Martin

Fernando Alonso expects a difficult weekend in his Aston Martin in China. Paul Crock / AFP
Fernando Alonso expects a difficult weekend in his Aston Martin in China. Paul Crock / AFP

Fernando Alonso said Thursday he expects another difficult weekend wrestling with his new Aston Martin at the Chinese Grand Prix after failing to finish the season-opener in Australia.

Silverstone-based Aston Martin endured a horror start after serious issues with their Honda power unit and a lack of spare parts, said AFP.

Two-time world champion Alonso and teammate Lance Stroll had to endure extreme vibration in the chassis caused by the power unit, which was feared could cause the drivers permanent nerve damage.

"The situation unfortunately didn't change within four or five days since Melbourne, so it will be a difficult weekend," Alonso told reporters at the Shanghai International Circuit.

"We'll limit the laps in one or two sessions as we are short on parts. We need laps, to find the window on the chassis side.

"I'll be happy if we leave China with a more or less normal practice, more or less normal qualifying."

The Spaniard could not put a timeframe on when improvements might come.

"What can I do within the team? Work harder, help Honda as much as I can," said Alonso.

"We can allocate resources to help Honda with the power unit. We are one team, it is a bumpy start that I hope won't last too long.

"We are pushing, we have very talented people in the team, so I hope within a couple of grands prix, we can have a normal weekend.

"To be competitive will take more time. Once we fix the reliability, we will be behind on power and things."

The 44-year-old veteran has been in Formula One for more than two decades and has driven vastly different iterations of cars from the old V10 petrol engines through to the current complex hybrid configuration.

Despite the issues, he said was embracing the challenge of the new cars enthusiastically in what could be his final season on the grid.

His Aston Martin contract expires at the end of 2026.

"Do we enjoy driving these cars? Yes, because we love racing," Alonso said.

"I do four or five 24-hour races because I love racing and I love driving. So if you jump into an F1 car, you enjoy going fast.

"But it is a challenge, a different challenge.

"I was super lucky to race in (the last) era and I feel lucky to race in both."


Verstappen Jokes New F1 Cars 'More Like Mario Kart'

Max Verstappen arrives at the paddock ahead of the Formula One Chinese Grand Prix in Shanghai. Jade GAO / AFP
Max Verstappen arrives at the paddock ahead of the Formula One Chinese Grand Prix in Shanghai. Jade GAO / AFP
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Verstappen Jokes New F1 Cars 'More Like Mario Kart'

Max Verstappen arrives at the paddock ahead of the Formula One Chinese Grand Prix in Shanghai. Jade GAO / AFP
Max Verstappen arrives at the paddock ahead of the Formula One Chinese Grand Prix in Shanghai. Jade GAO / AFP

Four-time world champion Max Verstappen said Thursday he was not having much fun driving the new era of Formula One cars, joking he was "practicing with Mario Kart" because it was more realistic than his simulator.

The Red Bull driver crashed in qualifying in the season-opener in Australia last weekend before having to carve his way from 20th on the grid to finish a creditable sixth.

The new cars require battery management and energy harvesting with a 50-50 split between conventional and electrical power, AFP said.

They also have features such as straight-line mode, active aero, overtake and boost buttons, which Verstappen reckons are nearer to a video game.

"I swapped the simulator for my Nintendo Switch. I'm practicing with Mario Kart, actually. Finding the mushrooms is going quite well, the blue shells are a bit more difficult."

Verstappen announced this week that he would be driving in the Nurburgring 24-hour race this year.

"I wish I had a bit more fun for sure," he said of Formula One at the moment.

"I mean, I get to race the Nordschleife (Nurburgring) and I hope in the coming years I can do Spa and hopefully Le Mans.

"So I'm combining stuff and I'm also doing other stuff that is a lot of fun.

"It's a bit conflicted because I don't really enjoy to drive the car, but I do enjoy working with all the people in the team and from the engine department as well."

He did express optimism that things would improve as the new rules and regulations were adjusted and said drivers were already in discussions over changes.

"I hope, of course, that it gets better," said the Dutchman.

"I've had discussions with F1 and the FIA and I think we are working towards something that will improve everything."