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8 game ban

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Society of the Permanently Offended wins again.
I notice a BBC report took great delight in referring to Leeds Utd as "the Whites". :rolleyes:
 
Completely condone racial abuse on all levels but can’t be sure how the FA can ban Kiko without complete proof. Also typical FA timing right on the eve of a lunchtime Yorkshire derby.
 
Completely condone racial abuse on all levels but can’t be sure how the FA can ban Kiko without complete proof. Also typical FA timing right on the eve of a lunchtime Yorkshire derby.

It’s easy, did you say X to Y....
Leeds statement is sailing close to the wind too!
 
'Balance of probabilities' is curious... does 51/49 earn an 8 game ban?
Should Rodriguez be banned because the balance of probabilities suggests that no racial incident occurred?
I realise there are differences in the burden of proof between criminal/civil law (etc.), but I'm not keen on 'BOP' making and breaking reputations
 
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I thought "Balance of probability" is how the FA judge all cases on.
Perhaps with something so reputationally damaging there should be a higher bar but there still would have been an evidence gathering stage and the panel would have considered it all in making a decision
 
Perhaps with something so reputationally damaging there should be a higher bar


It's the standard for civil cases (i.e. outside of criminal charges), so I think the FA is correct to keep that standard for their own proceedings. Raising the bar would deter claims from being pursued, among other things, but these claims are usually he said/she said affairs, and so on judging these issues, excluding any fence-sitting a balance of probabilities judgement is the best way forward.

Criminal claims being more serious, require the higher bar. I imagine many will forget about these civil cases in the near future, most likely by next season. Criminal charges stick... or they ought to in any case.

What’s the balance if the N word came out??? Are their levels of if he meant it???

51% if you really had to pick a number. It is just saying that the scenario is likely to have happened as the claimant has suggested.
 
Happened with Fernando Forestieri last year, he was cleared of the offence by a court of law but still banned by the FA.
It also happened with John Terry in 2012 - found not guilty of a racially aggravated public order offence by the courts but banned by the FA for using insulting/abusive language with a racial component. Different charges, different jurisdiction and different legal considerations involved.
 
Can't Leeds rustle up some tee shirts or something! Two victims here apparently!! Can he appeal or is that it??
 
If there's a genuine belief that he racially abused someone then an 8 game ban is laughable when a fan would receive a lifetime ban. Players are supposed to be ambassadors so it too should be a lifetime ban.
 
Compared to some of the small amounts National FAs have been fined this is rather draconian.

Perhaps there is that element to it - we’re taking a tougher line
 
If it is based on one person's word against the other how do they decide the probability?
How do we know that it's only based on that? Until the full written reasons are published (sometime this week) we can't be sure what exactly it's based on. In my experience of looking at past judgements they're very comprehensive and the reasoning behind the decision is fully explained.

If you want an example, the Luis Suarez - Patrice Evra incident is a classic case. People were also saying at the time, that it was a case of one person's word against another. The disciplinary panel used video footage and comprehensive interviews with both players, with other players and with the match officials, about what they heard both during the game and immediately after it. If you look at what is only a partial transcript in the following article, I think you'll agree it could hardly be a more detailed accounting of what happened. I don't know if they have the same amount of evidence in this case but we'll soon find out.

FA report Luis Suarez - Patrice Evra
 
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