The FA publish written reasons for Suarez's ban

[SCOUSE TAPAS]

The commision itself states the more serious the charge, the more robust the burden of proof needs to be. By their own admission, they cannot use 'balance of probability' in such a case they themselves state is serious. yet that is precisely what they have done ie used less robust proof such as balance and evra's own changed version of events.

 

 

 

Any appeal will be to another different independent panel. There's also the possibility of the club taking this to CAS. I think both parties have to agree to this but, seeing as CAS is recognised as the highest, independent sporting arbitrator, the fa would surely look to be on weak ground over this judgement if they refused to go to CAS and LFC agreed to be bound by its decision.

 

There is no bigger proof than Luis admittance of saying the remark.

 

The FA work to there own set of rules and no matter how corrupt it appears dosent change a thing(remember the club has signed a agreement to abide by the FA rules and at a guess probably any outcome they come to after a appeal of a matter).

 

From what I can gather but this is not 100% definate is the FA can dock xxx amount of points from the club for not abiding by the agreement.

 

Not sure if EUEFA or FIFA apply a international ban on the club also for taking there FA to another court to or for not abiding with there FA ruling.

 

Hopefully someone knows more about the ins and outs than I do.

[Guest ShoePiss]

How about not bothering with an FA appeal, take the ban and he's back for the Utd game. Meanwhile produce a statement outlining the club's position and take the matter further in a civil case? Not against the FA as people are saying it isn't possible but against the media calling him racist?

 

I just don't have any hope of the FA admitting any fault at all and fear an FA appeal will be a waste of time anyway, the plus side is that he gets to play against the scum and has a chance of scoring which would be fucking lovely.

[Vivaldo]

Oh man, the internet is littered with slanted versions against Suarez. I can't bear to read any more my blood is boiling. They released this today knowing that this would be the main sporting story over the new year break maximising the devastating effect it will have on Luis's image. Right now I can only think of how I would love to punch one of these fuckers in the face.

[Vivaldo]

Even jug ears smells something fishy' date=' or he has been told cos this shit is going global baby.[/quote']

 

Care to elaborate?

[andrejwout]

if true, why the hell did suarez say he said 'negrito' not negro.......they are similar but not same. Negro, as we all know is the original latin name. Negrito is diminutive...that can be affectionate or patronising, depending on context and culture!! This is hard. I want to belive the best but its scary.

[SCOUSE TAPAS]

How about not bothering with an FA appeal, take the ban and he's back for the Utd game. Meanwhile produce a statement outlining the club's position and take the matter further in a civil case? Not against the FA as people are saying it isn't possible but against the media calling him racist?

 

I just don't have any hope of the FA admitting any fault at all and fear an FA appeal will be a waste of time anyway, the plus side is that he gets to play against the scum and has a chance of scoring which would be fucking lovely.

 

I think basically that is what the club will do.

 

The thing is though you just never know and if they strongly believe they have been screwed over,then I wouldnt rule anything out they might do.

[Guest San Don]

There is no bigger proof than Luis admittance of saying the remark.

 

The FA work to there own set of rules and no matter how corrupt it appears dosent change a thing(remember the club has signed a agreement to abide by the FA rules and at a guess probably any outcome they come to after a appeal of a matter).

 

From what I can gather but this is not 100% definate is the FA can dock xxx amount of points from the club for not abiding by the agreement.

 

Not sure if EUEFA or FIFA apply a international ban on the club also for taking there FA to another court to or for not abiding with there FA ruling.

 

Hopefully someone knows more about the ins and outs than I do.

 

Utter rubbish. Suarez has admitted using a word he says is common place and without racial meaning. evra claimed he was effectively called 'nigger' 1o times.

 

Only then he changed it to 'negro' instead. then he says he didnt mean 10 times literally. But there's no inconsistency there.

 

Im not aware of the club signing any agreement to be bound by the commission. In fact, the club's statement when they heard the decision suggests they have not signed any such agreement since they said they reserve the right to take whatever actions necessary'

 

I dont think they'd have said that if they were 'bound' to the decision as you suggest.

 

In any event, conditions can only be binding insofar as they are 'fair' and 'reasonable.' The FA saying you agree to the findings or we'll dock you x points is neither fair or reasonable.

 

I hope the club take this to CAS 9and they dont need evra's agreement either since the disput is between LFC, the FA and the FA's ahem, independent commission.

 

FIFA would only get involved if LFC tried to take this to the civil court (see Sion v FIFA). UEFA have absolutely no part to play in this whatsoever.

[andrejwout]

im not saying luis is 'totally ' innocent ...we just dont know ad are hoping. But we are a democracy and kangaroo courts are not supossed to be legal. You need EVIDENCE...thats it. You cant defame someone outwith the law of the land and just get away with it. If its not 'conclusive', ie somethig the met should look into , he is innocent , but his names has been r ruined....thats a big fee for the poor ladf!!

[Guest Numero Veinticinco]

Utter rubbish. Suarez has admitted using a word he says is common place and without racial meaning. evra claimed he was effectively called 'nigger' 1o times.

 

Only then he changed it to 'negro' instead. then he says he didnt mean 10 times literally. But there's no inconsistency there.

 

I had somebody call me a paki 15 times. Well, he called me 'mate' once. Same thing though. Totes racist.

[George Costanza]

We won't be able to over turn the ban imo. We will however take it further to clear Luis' name & the clubs reputation in backing him.

[Guest Numero Veinticinco]

Its not the same thing in any way at all is it?

 

Sho' nuff.

[Guest ShoePiss]

Isn't there a party you lot should be at? I'm just about to start my first beer...

[Guest San Don]

I had somebody call me a paki 15 times. Well, he called me 'mate' once. Same thing though. Totes racist.

 

And in the context of the commission's decision, your point is what exactly?

[SCOUSE TAPAS]

Sorry if this has already been posted,this story was from the 21 st dec.

 

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 probably 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 are 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

Luis Suárez and Liverpool have limited appeal options to FA and courts | Football | The Guardian

[FidelMurphy]

I can't see us overturning the ban or gettin it reduced given the tone of the statement, what sticks out for me is how they are saying evras evidence tallies with the video evidence but he gave his version of events to the panel having access to the footage so of course it'll tally.

[Guest Numero Veinticinco]

And in the context of the commission's decision, your point is what exactly?

 

Mainly that you're a dick. No, wait, that's something else.

[Guest San Don]

Isn't there a party you lot should be at? I'm just about to start my first beer...

 

Fuck, I've had a couple of 7.8% proof ciders already!

 

happy NY!

[Guest LFD]

Comolli, Kuyt and Suarez could have all got their story straight. That doesn't look good.

[derykw]

I look forward to the 8-match bans being handed out to players after every single game, every single week for "winding up" an opponent - Bellamy and Joey Barton would hardly set foot on the pitch ever again.

 

Well if they make reference to an opponents colour/ethnicity which Suarez admitted to then they would get an 8 game ban.

 

I think Suarez as been stitched up but I don`t see a reasonable way out for him or the Club.

[Guest ShoePiss]

Fuck, I've had a couple of 7.8% proof ciders already!

 

happy NY!

 

8hrs to go here but all the best for 2012

[Guest San Don]

Comolli, Kuyt and Suarez could have all got their story straight. That doesn't look good.

 

Well seeing as all their native languages are different, its hardly surprising there's a difference is there? I mean that's what this is all about, a difference in interpretation.

[Guest San Don]

8hrs to go here but all the best for 2012

 

And to you mate. On some speckled hen now! lurvely!

[TheDrowningMan]

Comolli, Kuyt and Suarez could have all got their story straight. That doesn't look good.

 

No one has a right case. There are, if you scrutinise the evidence, more inconsistencies in Evra's case, but it would appear that the FA decided early that they were more inclined to believe his version of events.

[Guest ShoePiss]

And to you mate. On some speckled hen now! lurvely!

 

One of my favs that, I can actually get it here on tap and in cans. I own an MG too :)

[mypost]

The FA dont work like a court were you need 100% proof of guilt.

 

Probability of guilt is though and this is what I assume they have used.

 

Evras version of the incident put to the video which has been released is the most likely true version according to the FA.

 

The club good or bad jumped straight in defending Luis and from that moment and more so by that statement they released so soon after his verdict leaves the club in a really sticky situation.

 

There options are very limited and could cost us dearly.

 

Even if it is possable to take Evra or the FA to a court over it,the FA verdict wont change at all,even if the court come out on Luis side.

 

The next and most important thing is,what do you take the FA to court over?

 

I dont know if someone here knows what the FA could/can do to the club if it is taken further.

 

To me I really feel the club has handled everything about the case wrong from the start to the posititon we are at now,infact I feel we have done more damage then good(just how it seems to look to me)

 

Dosent change the fact that to find a player guilty without 100% proof is so wrong especially in this type of thing were it totally affects a players lively hood.

 

The club has done everything correctly so far, and I'm confident will take whatever steps are necessary to overturn this farce of a judgement. More holes in it than a fishing net.

 

You can't award a 8-game ban on the basis of "probably". That's effectively a 2-month suspension for the misinterpretation of a word in a foreign language. It doesn't stand up.