None of this post is entirely true,
It's a short and crude forum post, but I still think I'm close enough with the key points on the differences of the circumstances, and I wasn't commenting on the burden of proof civil vs criminal. I do however think that the FA have a similar responsibility relating to burden of proof in their assessment, even if they are not actually being held to the same standard as a civil court.
FYI I don't want to appear as though I am defending Terry as such, he is amongst those footballers I dislike and one of the (many) England players that make it difficult to follow the national team with real enthusiasm. What I'm objecting to is the apparent witch hunt and gross unfairness in penalising players on the basis that they're hated (even if that hatred is justified) And Terry's defence does leave room for doubt over his claims over what happened, but nobody is able to support the belief that Terry could be lying - it is just an assumption or guess that he is lying, and it's not an impartial guess because Terry is a hate figure, and that is more reason
not to punish him.
I think he will be found in breach of the rules and banned, as much or longer than Suarez, and I won't be too sorry for Terry if that happens. Anton Ferdinand should be charged and banned as well for the stuff he said, maybe for 1-2 games.
The big question is do they allow Terry use context as the basis for a successful defence?
You may be correct on how the FA rules are applied, but to dismiss context entirely is wrong, is that really what the FA are doing? If they are then I would question whether it is legal for them to do so, in civil and contract law there is a requirement for fairness and reasonableness. If the FA are unreasonable then surely Terry or any other player has a right to bring a civil case challenging the legitimacy of the punishment - I know FIFA have rules to say that clubs and players should accept the rules and must not bring civil case, but that itself is inherently unfair and it will only take one successful litigation to end that rule forever.
You'll have to forgive that I didn't study the FA report, but Suarez can argue context all day long, but if he did indeed say "
I don't talk to negroes" this is a very racist use of the words and there is no way to mitigate it - he reduced a human being to a skin colour as a way to define and belittle them. It's no better or worse than saying "
I don't talk to blacks." It's unacceptable.
It's a stretch but, if there was some instance where the question was asked "
who is Patrice Evra" it might be acceptable to say in a purely descriptive way: "
he's the black guy in the group over there" and if someone said "
he's the negro in that group over there," believing that negro is interchangeable with black in this circumstance you
might allow some defence that there wasn't an intent to be racist - although I firmly believe we would still say this is racist and challenge the person that said it, and actually I don't think it could be accepted as a defence because if it was a language barrier I'm not sure you would just say "
negro" - if you were being descriptive you would say "
hombre negro?" (or whatever the Spanish would be to say that "
black man/guy," as opposed to just "that
black")
Bit of a ramble, but it comes to this: with the words "
I don't talk to negroes" there was no possible
acceptable context for Suarez to argue, he did by his choice of words reduce Evra to nothing except being black.
Terry has a defence that,
if we believe him, then he didn't reduce Ferdinand in this way. The context is different and it should matter to the FA if they're rules are fair and legitimate. Why should it be any different than any other workplace? How far do you ignore context? if the video of Terry showed more and it was clear that he was arguing back and saying "
do you think I called you a ******* black ****?" should he still be fined and banned in that circumstance? If context doesn't matter at all then an awful lot of journalists need to be suspended and fined by their employers, and everyone commenting on the story or repeating the words at work should also be fined and suspended.
So I disagree with those who say this is more clear cut that Suarez, Suarez definitively used racist language in a racist way (unless you think Evra is a liar and made a false accusation)