Evra accuses Suarez of racism

[ChesterDave]

Great news about Terry - should take some of the flack away from Suarez given his offence is deemed severe enough to be potentially criminal

[Gibbo]

Luis had been made an example of pure and simple.

It ****ing stinks.

[The_weatherman]

I do wonder what would happen to the Luis/Evra case if it went the same way as Terry's though, I think it would be dismissed tbh.

[Leyton388]

Why? When we were just looking to link up with that club in Uruguay?

Because it shows how narrow minded and biased this countries governing body is.

[Chazza]

Great news about Terry - should take some of the flack away from Suarez given his offence is deemed severe enough to be potentially criminal

Be interesting to see if the press run with 'Racist' in the headlines if he is found guilty

[Lecter]

Terry will get a small fine and a couple of weeks probation at most.

The FA will then use the fact the he has "already been punished" as an excuse not to charge him with anything.

Of course this is the way its going to happen

You can read them cunts like a book

[Lecter]

But if Terry IS found guilty by law, then the FA has a duty to follow that up with their own punishment.

You'd think that but it doesnt necessarily follow that it will happen

[Roboklopp]

Of course this is the way its going to happen

You can read them cunts like a book

[Maxiedge]

If he doesn't get a ban too, well, isn't that...racism?

[Buzzo]

so will The Mirror run the same headline tomorrow with John Terrys picture, no of course not - he hasnt been 'proven' guilty yet in a court of law.

.... oh wait neither was Suarez

No they won't. I just think we should stay away from that case. We don't want parallels. We have a far stronger case I'd say, but don't want to be dragged along by Terrys case. Keep them separate.

[BootRoom]

Great news about Terry - should take some of the flack away from Suarez given his offence is deemed severe enough to be potentially criminal

Not neccessarily, they may go quiet on it:

“He is now summonsed with a criminal offence and has the right to a fair trial. It is extremely important that nothing should be reported which could prejudice his trial.”


http://blog.cps.gov.uk/2011/12/cps-d...erry-case.html

[Roboklopp]

But if Terry IS found guilty by law, then the FA has a duty to follow that up with their own punishment.

Hmm...

[Chazza]

Luis Suárez and Liverpool have limited appeal options to FA and courts

Liverpool could seek arbitration, or go to the high court or even the European courts – but Luis Suárez may be better advised to try to put the racism furore behind him

Luis Suárez has 14 days to consider whether to appeal against his eight-match ban for racially abusing Patrice Evra from the date that Liverpool receive the written reasons of the Football Association's regulatory commission, not from Tuesday, which was the date of the decision. It is important to note that Suárez can only appeal against the level of the sanction not the actual verdict.

I would expect Liverpool to receive the written reasons quite soon – they are usually provided within three working days of the decision being announced, although the Christmas period may slow this down. Giving two weeks to decide whether to lodge an appeal is unusual. The usual directions for appeals against the decisions of the regulatory commission provide for a much tighter timetable.

If Suárez decides not to appeal, the decision will become binding. If he decides to appeal, he must provide written submissions and there will be a hearing, at which he will be represented by lawyers. The appeal board can reduce the sanction, but it can also increase the sanction and its decision is stated to be final and binding. But if it goes against Suárez, he may be inclined to try a further challenge.

The additional options he may try to challenge the decision include the following:

• He could bring arbitration proceedings under rule K of the FA's rules. Such an arbitration would be limited to a challenge to the validity of the decision on the grounds of ultra vires (including error of law), irrationality or procedural unfairness. An arbitration would likely take place behind closed doors before a three-person tribunal. The process would take months rather than weeks, and it is likely that the suspension and fine would take effect pending the arbitration.

• He could attempt to bring judicial review proceedings in the high court, but his chances of getting this type of action off the ground must be considered quite limited. In a challenge to the setting up of the Premier League in 1992, the high court decided that the FA was not subject to judicial review.

Regarding how the FA will have prepared for attempts at appeal, the regulatory commission will take great care in the drafting of its written decision. The commission will want to ensure, as far as possible, that the logic and the application of the FA rules are as watertight as possible, giving as little room as they can to routes of appeal.

One other option that may be considered relates to the statement released by Liverpool FC. I note it states that "the accusation by this particular player [Evra] was not credible – certainly no more credible than his prior unfounded accusations". Suárez, therefore, may consider suing Evra for defamation.

When decisions such as this come out, teams and players usually make a statement about "going all the way to Europe". Yet such statements rarely, if ever, come to anything. Rights of access to both the European court of human rights and the court of arbitration for sport are strictly limited, and I would find it hard to believe that any such challenge would be made in the first place.

It also strikes me that any decision whether to appeal may be used tactically. Suárez has 14 days to either (i) accept the charge, (ii) lodge an appeal or (iii) do nothing. If he admits the charge the penalty will take effect from the date the charge is admitted. Should Suárez appeal, the penalty is suspended until after the outcome of the appeal. Alternatively, Suárez could do nothing and allow the penalty to begin at the expiry of the 14-day deadline. These options will determine which matches Suárez can play in over the coming weeks.

A final point: when I advise clients on whether to commence legal action, the legal merits of their case is only one of a number of factors that I take into account. In a case such as this, Suárez and Liverpool should think long and hard about whether they want this case dragged out. A sensible option may be a contrite statement from Suárez making clear that he is not a racist and that he is gravely sorry for any offence he has caused and that, notwithstanding that he does not agree with the decision, he wants to put the whole episode behind him. The risk for Suárez of taking this further is that he goes down in history as the case that got to grips with racism in high-level football.

Steven Friel is a lawyer for Brown Rudnick who specialises in complex disputes

http://www.guardian.co.uk/football/2...medium=twitter

[Havors]

maximum punishment for Terry is a £2,500 fine.....

awesome! kind of puts the FA's punishment in perspective... a a world renowned national court of law would only impose a £2,500 fine on a person.... the FA seems the think they know better.

[Shaggy]

but Luis Suárez may be better advised to try to put the racism furore behind him

**** off. Sounds like Blatter FFS. "Racism? End it with a handshake"