Kick It Out: Allegations should be proven “beyond reasonable doubt”
When Liverpool announced they were not going to appeal the Luis Suárez verdict they did so after coming under a huge weight of pressure from various individuals and organisations. One of Liverpool’s main objections to the decision was the way it was reached and in particular the burden of proof considered adequate. It would seem that the FA’s standard also falls short of what Kick It Out, the anti-discrimination group that works so closely with English clubs, would expect.
Some of the pressure Liverpool came under not to appeal appeared on the Kick It Out website earlier in the week when they ran a story referring to comments made by Football Against Racism in Europe (FARE):
Piara Powar, executive director of the group, says Liverpool risk further damage to their global reputation if they appeal the suspension.
He said: “Luis Suarez and Liverpool FC have the right to appeal, however we would call on the club to think again about their public campaign to dispute the charges and contest the principles involved in the case.
“As a club with a good international standing, the vehemence of their campaign is unquestionably causing them reputational harm.”
On Tuesday night Liverpool announced their decision not to appeal, a decision that was commended by the Chair of Kick It Out, Lord Herman Ouseley:
Lord Housley, Chair of Kick It Out
“We commend Liverpool FC in bringing closure to this matter, reaffirming its commitment to an unequivocal, zero-tolerance approach towards discrimination in football.“The club can now move on from this period, showing leadership in how it demonstrates and communicates this stance to players and fans alike.
“We look forward to working on the next level of Kick It Out’s Equality Standard framework closely with the club.”
However the closure Lord Ouseley referred to is still some way from being reached. Liverpool are still angry at what they see as an injustice and briefed the media yesterday to clarify some of the reasons they feel this way.
Those reasons include questions about how the panel came to its decision on the credibility of Evra, Suárez and others as well as the decision to allow Evra’s FA interview to be conducted with the aid of video footage, something they did not offer to Suárez when he was interviewed, leading to suggestions that Evra was ‘coached’ by the FA when preparing his evidence. There is also a question mark over the FA’s decision not to charge Evra for using threatening words towards Suárez and their refusal to explain why they haven’t charged the player, who admitted to using the words.
One key issue for Liverpool is the burden of proof the panel relied on in making their decision. The report said: “It is for the FA to satisfy us on the balance of probability that Mr Suárez breached the Rules.” The club contend that for such a serious allegation that this is too weak a standard. The knock-on effect to Suárez’s reputation and career goes far beyond the FA’s eight-match ban and there should not have been any reasonable doubt about that verdict.
And, it would seem, Kick It Out feel the same. In an email from Kick It Out sent shortly after Suárez was charged a spokesperson told Anfield Road that “the investigative process… should confirm beyond reasonable doubt that the allegation is proven.”
This of course didn’t happen and the case was proven based on a number of contentious assumptions that came nowhere near to dispelling reasonable doubts. It is those reasonable doubts that are causing so much anger for Liverpool and for many of its supporters.
When Suárez was charged, in November, an article appeared in The Independent with quotes from an unnamed spokesman for Kick It Out. The article claimed:
“Luis Suarez has only himself to blame for the racism charge he now faces because he failed to apologise for, or personally explain, the Spanish slang which he claims has been the cause of the anger felt by Manchester United’s Patrice Evra, the Kick it Out organisation said last night.”
The article then quoted the unnamed spokesman:
“It would appear that Patrice Evra had no other option than to lodge a complaint in the absence of an apology or any sort of explanation. The process has begun and we await the outcome.”
At the time it was already well publicised that Suárez didn’t think he’d said anything offensive and that he had in fact used a word that Evra’s own team-mates use for him, a claim yet to be denied by Evra, his club or the team-mates in question. Evra’s initial allegation was that Suárez had used the word “ni***r”, an allegation he later backed down from.
Suárez in Kick It Out t-shirt
In the light of the comments in The Independent we asked Kick It Out if they treated discrimination and abuse based on nationality and cultural background the same as they would if it was based on race. We also asked them to confirm if the wording attributed to the organisation but not in quotes had also come from them. Danny Lynch, from Kick It Out’s Media and Communications, said:
“As an organisation, we’re against discrimination and support any group or individual on the receiving end of it, whether it’s based on race, nationality, sexuality or anything else perceived to be the reason for the sleight.
“With regard to this incident, everyone concerned is still awaiting the verdict. In all of our related media statements, we haven’t alluded to or insinuated guilt from any quarter and this includes The Independent article which you have rightly flagged up. What we have said, however, is that matters should be reported instantly or as soon as possible to the referee for him or her to take action and that the investigative process following this should confirm beyond reasonable doubt that the allegation is proven.
“We’ve worked with Liverpool for a number of years, particularly the community team, which is very proactive in promoting equality issues to the clubs fanbase. Kick It Out was involved in disability focussed day during the campaign’s One Game, One Community weeks of action in October.”
It seems clear that The FA’s regulations have failed to even meet the standards required by those concerned with the eradication of discrimination from football, standards that seem to be quite reasonable to expect. It’s too late to change the Suárez decision but the FA must, as a matter of urgency, review its procedures and regulations to ensure that they work.
Despite media and campaigner attempts to attack the credibility of Liverpool over this case it is the credibility of The FA that should be under attack and should remain under attack until they address the valid concerns raised by Liverpool, Luis Suárez and many other observers.
Dear Lord Herman Ouseley…
The problem that most Liverpool fans have is with Evra himself… And that is because he is an internationally renowned bull shitter, and all round bad guy. He has been proven to make stuff up on numerous occasions, but not only that .. .the fact that he is nothing but a complete and utter hypocrite makes this whole sorry affair even more difficult to swallow… and here is the proof: PLEASE CLICK LINK TO SEE PATRICE EVRA…. THE GREAT BIG RACIST
http://www.dailymail.co.uk/sport/football/article-2082524/Patrice-Evra-video-using-n-word-YoutTube.html?
There is no place for Racism in Football… and that should work both ways right?
I would like to see Kick it out condemn Patrice Evra for this
If this was a clear proven case of racism then the Crown Prosecution Service (CPS) would now be bring the case to civil court in the same way as they are doing for the John Terry v’s Anton Ferdinand case.
English Law states that a guilty verdict for any case can only be applied if the evidence is ‘Without any reasonable doubt’.
Therefore on the basis that the CPS have NO intention of pursuing this case in the courts, then the CPS must be questioning (reasonable doubt) the evidence against Suarez – they must also consider that there is not enough evidence to bring a conviction against Luis Suarez in a civil court and so by default they (the CPS) must be casting doubt over the verdict applied by the FA panel. ‘De facto’…….
Great article which highlights some pertinent points; sadly missing from much of the mainstream media commentary. Cheers.
Evra video is very interesting – given that the F A have put all their trust in his evidence – if its genuine it is extremely interesting
Ray,
With the Evra scenes being confirmed as being part of a Cannel+ Monaco FC documentary, it’s hard to see how it can be ignored.
With the video going viral, and actually being reported by some of the media, I would like to think there are going to be some embarrassed faces, especially at the FA, its Commission Panel, and at Manchester United.
However, I wont hold my breath for the FA to take any kind of action on the video, or the fact that the Evra evidence was ‘deemed’ to be reliable while Luis’s evidence was not.
Extract from panel report “271. When, shortly after the match, he went to see the referee with the manager, Mr Evra
complained that Mr Suarez had said “I don’t talk to you because you niggers”. Mr Evra
told us that he believed, from the moment he heard Mr Suarez use the word “negro”, that
this meant nigger. The Commission asked Mr Evra why, then, did he not tell the referee
that he had been called nigger, as opposed to black. Mr Evra’s answer was that even when
he pronounced the word “niggers”, it was not a word he liked to use. He added that
maybe it was also because he was speaking in English, that “black” was the English word
in his mind, and he felt he had done enough to complain by telling the referee that he had
been called black.”
Please see video on youtube at 35:35 to 35:40 http://www.youtube.com/watch?v=l4_fQXwIV4E&feature=player_embedded#!
He said “Mother f*****g n****r” and please tell me “it was not a word he liked to use.” A very “reliable witness” & believable man he is indeed!!!!!.
Spot on!
Creating a media frenzy over an ‘ he said, no he said’ issue without any proof, damaged Luis Suarez reputation beond repair.
The fact that the club and its supporters are right behind Luis has nothing to do with their stance on racism, but with their conviction Mr. Suarez is no racist!
Liverpool and Dalglish stood up against racism in a much more difficult period than now. By playing, adoring a player called John Barnes!
And people who give Glenn Johnson stick for wearing that T-shirt should be ashamed of themselfs. Glenn knows Luis and he knows he’s no racist!
“Shadow Health Minister Diane Abbott has apologised for comments she made on Twitter, amid claims they were racist. She said she had not meant to generalise when she wrote: ”White people love playing ‘divide & rule'”. It was a response to criticism of media use of “black community leaders” after the Stephen Lawrence murder trial.”…….
As people call for her head, this is yet another perfect example of a ‘moral panic’ being created by society’s ability to discriminate.
As any Social Scientist knows, once the abilty to classify a person as the ‘other’ has been created, the seeds to discriminate that ‘other’ are also sown.
Taking aside what was said and what was actually meant to be said, and if it should have been uttered at all. The main fault with her comment was that she should have used the phrase ‘both’ white and black people love playing ‘divide and rule’. By only referring to ‘white people’ she has classified herself and ‘black’ people in general as being ‘different’.
The hard part is in taking away this ability for people to distinguish ‘themselves’ as being different to others i.e. white or black
The treatment that Suarez has had to endure is far worse than Evra has had to endure.
And it’s back fired on the FA who have shown they’re just as corrupt as FIFA by withholding vital evidence from Suarez’s defence.
The writer of this piece should do well to make it get national as the said chairman of kick it out is saying some nonsense as we speak.
If liverpool was discriminatory why Lebron James on its board? How is it a nigger calls another nigger my nigger after he insults his sister an be charged? Racism is between races and not within. Why is liverpool not leaking out information of the injustice that KK claimed thus playing the media game, but in a way that they can deny it if needs be? Why do I feel there is always a plan to discredit liverpool by the press, look at in rafa’s era same thing?
SUarez is an immigrant, here less than a year,with little English. Hes having a conversation in his own language and admits to using a word that he didnt think was offensive in his own language. Then he gets tried by three white men. The people who should be helping him want him hung. Be interesting to know if Ouseley thinks all immigrants should be subjected to the same standards of justice at any other sort of industrial tribunal.
Ouseleys right about the club letting him down in terms of being more aware of what is and isnt acceptable. And the club are also talking bollacks asking the fa for a list of words. Of course they know what isnt acceptable. Evra has every right to be offended too. He might not be aware of the nuances we’re using to defend Luis.
But Ouseleys hypocrisy stinks along with the rest of em. What have any of em done to highlight that some cultural differences might get you in trouble on the pitch? The employers, the union, the governing body and the anti racist organisations should all hold some responsibility too. It would be interesting to know what work other clubs do to help players understand. Including Ajax as the fact hes been in eu for a few years has been used as a reason that he should know.
Now with the Evra incident put to be we can have a little break before the FA respond to another racist incident.
You know the one so blatant and clear cut that its actually going to court and tried against criminal law. Guilt to be proven beyond reasonable doubt, with full open disclosure of evidence up front not at the last minute, fairly and equally investigated, no ignorance towards one side or bias towards the other. Also free of balance of probability or burden of proof (guilty until proven innocent theory).
Once the court make their decision then I’m sure the FA will uphold their staunch stance towards racisim, and any real racists.
With equality for all in mind it could be the proof in the pudding or an eye opener. Depending on what side of the fence one sits of course.
The FA are now guilty of the very thing they self-righteously tried to rail against. Now we have a murderous political campaign against Suarez, Dalglish, and Liverpool, who have already been politically blackmailed into giving up their appeals and issuing a player apology. These outside groups like Kick it Out are now seeking to further defame a player based on a kangeroo court, a probability case, and the FA’s own admission of character preference. They have ignored Evra’s own slurs and threats to Suarez, Evra’s history of racial epithets supported by video, and his previous FA dismissals of his ‘character.’ The FA took an unprecedented case, an unprecedented procedure, an unprecedented punishment and decided to aim it at a South American player with a poor command of English, new to the country. As it’s official scapegoat, they chose a person of mixed race, denigrated his worth in court, and produced a decision based on lip readers from Manchester. They should be ashamed!
I was interested to hear a sports lawyer on Sky Sports explain that this case has not created a precident for dealing with such cases. He stressed that this particular individual case & it’s outcome & punishment are not a template for how similiar cases would be dealt with in future. Now why does that not suprise me.
Exactly what races are protected with this anti-racism movement in the UK? Is it all races or is it only the races that were abused by England long ago by people long since dead. It seems to me that only certain groups are protected because they know how to work your guilty conscience. I guess Suarez doesn’t belong to one of the protected races therefore he can be called Sudaco with no repercussions.
If this video is genuine then it makes a complete idiot of Patrice Evra and his accusations! He oviously mistook what Suarez actually said to him and took it the wrong way as well. The FA should be totally embarrased at claiming Evra was the perfect honest accuser and that his word alone was taken over Suarez who has a proven track record in racial equality.
I hope Liverpool pursue this to the end to see this sort of treatment never happens again. I hear that Suarez may even leave England to play his football as he could well be targeted by opposing supporters for a long time, and this is disgraceful in the circumstances!
Justice behind closed doors is never justice. Even government enquiries are held in ‘open’ court. The tide is already turning; it is very evident on comments pages on certain ‘anti- liverpool’ newspapers that readers are already turning against Patrice Evra and the FA. Whereas, beforehand, the comments favouring the FA were very popular, the reverse is now the case.
Please keep the pressure on, Jim, you are far more constructive than I could ever be. I have read the findings in full and it is obvious that the commission has gone out of it’s way to put the most positive spin on Evra’s contributions and the most negative spin on everything that Luis did. They even managed to put a negative spin on the hand gesture in the goalmouth. This says everything to me.
I do not understand how Evra can misunderstand the meaning of what Suarez called him. Evra has admitted to speaking Spanish and it it common knowledge that his team mates also refer to him in the same way.
How can it be, that Evra mistook this in the manner he has alleged?
It seems to me, certainly after seeing Evras outburst on you tube, that he wants to pick and choose, what and when he considers words offensive. Surely the same rules apply to all of us!
This Lord Ouseley guy threatened to resign two months ago, depending on the outcome of the terry/ferdinand case – I think we can safely assume that, because terry’s case has now gone to a court of law – meaning there is a chance he will get off – this put pressure on th FA to get a conviction to ensure this fellow stays on, so Luis became the sacrificial lamb. he’s virtually saying: Get me a conviction, or I walk. Absolutely shocking.
http://soccernet.espn.go.com/news/story/_/id/981458/lord-ouseley-considers-quitting-fa-over-john-terry-row?cc=5739
Now, I’m no fan of john terry but, in a way, I hope he is found innocent because, not only will it highlight the shockingly unfair conviction of Suarez, based on probability and no corroborating evidence, but it will also, fingers crossed, get rid of this sanctimonious old duffer.
I’m finding this whole saga hugely frustrating and I’m just a Liverpool fan. What must Luis Suarez be feeling being at the centre of it all?!
The simple facts of this case are that Evra made a serious allegation. Suarez denied this aside from admitting to using the word negro once. No other conclusive evidence was provided to support either players testimony so the 3 man panel decided they preferred Evra’s version and found Suarez guilty of an extremely serious charge.
These simple facts have got lost in the emotive maelstrom of this case to the point that any one who supports Suarez – and that includes LFC – is labelled a racist.
LFC need to get back to basics and issue a short but clear statement saying that the are wholly opposed to racism in any form as is Suarez and had he been proven to have made the racist comments ‘beyond reasonable doubt’ they would be applying their own sanctions on top of those levied by the FA. However, the commission failed to provide any conclusive evidence to prove the allegations and it is on that basis alone that they continue to support their player.
As has been said elsewhere, too many people are afraid to take Suarez side for fearing of being branded a racist themselves.
A strong distinction needs to be drawn – LFC and everyone associated with it, including the supporters abhor racism in any form. But the issue here is that one man has made an accusation of racist comments against a Liverpool player which have not been proven and until they are LFC are fully entitled to support and believe their player.