Thursday 17 May 2012

No Sporting Chance for Joseph Barton

Today the disciplinary sanction to be imposed by the FA on Joey Barton was announced. In addition to the automatic 4 match ban for a second red card this season, Barton received a consecutive 4 matches for his cowardly attack on Sergio Aguero and a further 4 matches for attempting to head butt Vincent Kompany. Unbelievably Barton denied this latter charge. That makes a ban of 12 games. I had predicted at least 10. The FA took no action in respect  of Barton's latest ugly twitter rants. Nonetheless the ban is one of the longest in FA history and they are to be congratulated. The Chairman of the Regulatory Commission stated 'There are rules of conduct that should be adhered to, and such behaviour tarnishes the image of football in this country, particularly as this match was the pinnacle of the domestic season and watched by millions around the globe'. The focus now shifts to QPR. What will they do about a player who will not be available for almost a quarter of next season already and one who has brought disgrace upon himself, but also the club? So this season the FA Regulatory Commission has been tested, Luis Suarez, and now Barton. It has not been found wanting. The next stop may be John Terry, perhaps the biggest test of all! However his criminal trial is set for July and if he were to be convicted, an appeal to the Crown Court is almost inevitable. I have some idea of the listing problems of Crown Courts. That appeal, if required,  would be a complete rehearing and would be far longer than most Crown Court appeals. There may be other avenues to explore thereafter. I doubt that the FA Commission will be acting any time soon.
This is what I wrote last week about Joey Barton.

This week the nihilistic actions of Joey Barton caused me to reflect on the work of the Sporting Chance charity. Set up by ex Arsenal defender Tony Adams in 2000 following his well publicised problems with alcohol culminating in a prison sentence for drink driving, the charity seeks to provide rehabilitation to sportsmen who have fallen into difficulties of one sort or another. A safe dedicated environment is provided with professional support and counselling in a private setting well away from the pressures and demands of the sports person's usual lifestyle. Treatment is available for the 'body, mind and spirit' and seeks to address destructive behaviour patterns.
Joey Barton has not been the best advertisement for this form of therapy. Notwithstanding his time spent at Sporting Chance when last faced with the consequences of an inability to control his inner demons, he has again let himself, his club and the charity down. Whether he would accept that seems unlikely given his lack of contrition as demonstrated on his Twitter account, where he lashed out at his critics in gratuitously libellous fashion. It is almost as if he has a total refusal to accept the error of his ways and now seeks to plunge headlong into the abyss. Maybe some people cannot be helped.
Sympathy? I have none left.Barton has been given more last chances than most other players put together. His career, both during games and on the training pitch, and in the wider world, has been littered with thuggery. The football community has bent over backwards to understand this 'troubled soul' from a 'street background'. There is also the not insignificant matter of a reported £80,000 per week salary.


Barton 's latest aggressive interventions were nothing short of criminal. They have nothing to do with sport. There might seem to be no good reason why he should not be prosecuted for the assaults perpetrated on Tevez (guilty himself of shamefully feigning injury), Aguero and Kompany. (With thanks to Gregory Ioannidis @LawTop20) the Court of Appeal considered the issue of Criminal Prosecution in the case of R v Barnes. Woolf LJ stated that a criminal prosecution should be reserved for those situations where the conduct is sufficiently grave to be properly categorised as criminal'. The Court issued some guidance as to the type of factors which ought to be considered in arriving at such a conclusion. They include, amongst others, the sport and the level of the participants, the nature of the act, the degree of force used, the resultant injury or risk of injury and the intention etc of the perpetrator. Bearing all that in mind, one can see why prosecutions are rare and that it is less than clear cut that Barton could have faced prosecution. With regard to harm, in spite of the writhing of Tevez and Aguero, there was none.
In my opinion QPR should set an example and come to the conclusion that they do not need whatever it is that Barton still has to offer. He has played poorly this season anyway, but more importantly no club can prosper wih such divisive personalities in the dressing room as well as on the field of play. Barton faces a minimum 4 game ban for his second red card of the season, but has also landed hmself with 2 FA Misconduct charges. The likely proportionate penalty for all of this is a ban of at least 10 games.  In my opinion QPR should at this point tear up his contract and dismiss Barton for 'gross misconduct'. It is more than time that football stood up to players when their behaviour goes too far. They are not untouchable and their supposed ability to kick a ball around a field should be viewed in context with their wider responsibilities. Any conceivable benefits of keeping Barton are considerably outweighed by the tangible moral benefits of getting rid of him.
Barton can then spout on Twitter all he likes. I doubt that anybody will seriously be paying attention.
UPDATE 17.8.12
Sacre bleu! Marseille are said to be interested in signing Barton. No other club is said to be interested. They have distinct tastes where the Mistral blows.
Barton has spent the Summer training with Fleetwood Town, but could not sign for them and play whilst serving the much merited 12 match FA ban.The Football league would not register him.
Barton has now learnt that his Squad number 17 has been allocated to new signing Ryan Nielsen by QPR. Barton is without a shirt and seemingly on his way out of English football.
Maybe it will be the making (and maturing) of the player. Maybe not!
"Bonne Nuit!"




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3 comments:

  1. He should have been charged criminally for the two 'afters'.

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  2. Kitchimo thanks for the comment.
    As I say in the piece in my view yes he should have been prosecuted. Indeed if more such acts were prosecuted I am sure that this type of behaviour could be more or less stamped out.
    Phil

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  3. My views are exactly the same, but we need to consider the Court of Appeal's decision in R v Barnes who makes prosecution for on the field violence even more difficult. This is the old perennial sports law discussion at its best!

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