Monday 9 July 2012

Terry v Ferdinand The Verdict. Disrepute.



What an appalling spectacle the John Terry criminal trial presented at Westminster Magistrates Court this week! Terry was being tried for Racially Aggravated Insulting words or Behaviour. The maximum penalty if convicted by the Chief District Judge was a fine of £2500. The trial  lasted 5 days and no doubt cost thousands. If convicted Terry would undoubtedly have appealed to the Crown Court and the cycle would have started all over again.
As it happens the Magistrate decided that it was 'possible' that it was all a misunderstanding. Given the burden on the Crown to prove the case beyond reasonable doubt, the Magistrate had no choice but to acquit Terry. It is no vindication in my view.




There are no winners. The evidence of Anton Ferdinand  and the cross examination of him by Carter Stephenson QC guarantees that the so called ‘Professional Game’ of Association Football will be revealed as about as professional as a vicious game of British Bulldog in the playground. Whilst the ‘Billion Pound’ business of football is marketed to the World, Terry and Ferdinand, no doubt evincing a widespread culture within the game, engaged in an unedifying and puerile battle of verbal abuse designed, supposedly, to put each other off their games. Although they are probably not intelligent enough to realise it, this trial marked a nadir from which they and probably football in this country may never recover. It almost does not matter who wins and who loses, and I am lost now in the who said what when of it all. Both these players, by their conduct have dragged the game and the name of those who play it into the gutter. No wonder Ferdinand did not want to complain to the Police. Who would want his admitted conduct scrutinised before the world. He said in court that he is a ‘Winner’. What a joke, even without an analysis of his footballing record.
Don’t get me wrong, racial abuse is totally unacceptable. Terry should have been before the FA in the week following the game, and if found guilty of racial abuse, banned for a lengthy period. There seems to be to be no worthwhile distinction between this case and that of Luis Suarez. No Police, FA Charge, Tribunal, verdict and banned for 8 games. No appeal either!
I am no supporter of John Terry – read my other posts elsewhere, but I cannot help thinking that Terry was before the criminal court because he is John Terry. That is not right. And this endless circus will go on damaging the soul of the game for a lot longer.




Now is the time for the FA to stamp out the behaviour and tolerated culture behind this incident. The childish, boorish abuse of players and officials. At the eleventh hour We might just then benefit from a less poisonous and vindictive atmosphere within our football grounds generally. Following this verdict, both Terry and Anton Ferdinand should be banned for bringing the game into disrepute. Both have admitted conduct which easily justifies the charge. God help football.
Update 27.7.12
On the day of the Opening Ceremony of the Olympics the FA decided to announce that John Terry, but not Anton Ferdinand, would be charged for his part in the above referred to game of insult trading. Whether the timing was intentional or not, it is pretty well buried by the Olympic coverage. Terry intends to defend the charge at a personal hearing. The charge is aggravated by the racial element. If upheld Terry could expect a ban of the magnitude of that handed out to Luis Suarez (8 games). Whilst Terry escaped at the Magistrates Court where the Crown were hampered by the criminal standard of proof. The FA hearing will be decided on the balance of probabilities. I wonder if Ferdinand, who was said to be dismayed by the criminal result, will continue to support the process.
Update 2.8.12
Rio Ferdinand has now been charged by the FA with bringing game into disrepute in the aftermath of the Terry criminal proceedings. This relates to comments about Ashley Cole who was a  witness for Terry and seemingly undermined the case against Terry.
Ferdinand responded to this tweet 

 "Looks like Ashley Cole's going to be their choc ice. Then again he's always been a sell out. Shame on him." Ferdinand responded "I hear you fella! Choc ice is classic! hahahahahahha!!"Ferdinand has denied the charge and requested a personal hearing. This mess has plenty more legs and will continue to contaminate the new season. The FA finds itself engulfed by a racial quagmire.

Comment
As I said somewhere else there appears to be no coherence to the decision to bring criminal charges against John Terry, but not against Luis Suarez or vice versa. Apparently it stems from the fact of a complaint by an off duty officer who saw the YouTube footage. That is a ludicrous basis upon which to affect people's lives. In my opinion both Terry and Suarez should have been dealt with promptly by the FA (their regulating body). Many of the issues and difficulties which have flown from this prosecution would have been avoided.The Sport could then get on with a rebuilding process. Instead the circus continues to revolve.
On another note why should the relevant witnesses have to go through the process again.They did not apparently want to be in court the first time. The FA cannot proceed to any findings without testimony. They cannot rely upon the testimony in the criminal proceedings. FA Rule 6.8 which allows the IRC to take account of earlier findings will not be of much assistance here.  The only finding of the lower court was 'not guilty' based upon the Criminal Standard and Burden of  Proof.. Clear guidelines should be worked out between the FA/PFA and prosecuting authorities as to how, in future to deal with these matters. The criminal matter no doubt cost a fortune (max penalty £2500 fine)and used up 5 court days and the time of the Senior District Judge.
23.9.12
Terry announced his retirement from International Football blaming the FA for putting him in an impossible position by bringing the FA Charge. The hearing is tomorrow 24th September. Clearly Terry does not expect to win. Terry's announcement is another empty gesture. Chelsea should prepare for a short term future without their Captain (8 games?) England should prepare to do better with a new centre half.
27.9.12
D Day for John Terry. FA's IRC expected to return its verdict on FA charges today. Chelsea may be without their talisman for some time.


3 comments:

  1. The English FA should have taken action as you rightly point out. Call me cynical, but they had "more to lose" by taking a decision prior to Euro 2012.What a total disaster and embarrassment it would`ve been to drop John Terry from the England Squad. What a disaster and embarrassment it would`ve been for England to select a player found guilty of racial abuse(hypothetical at the moment). They avoided a PR disaster by letting the Police authorities become involved and also have a safety net reason to combat when the criticism begins.

    In one sense they`ve played a blinder while on the other hand they`ve turned a blind-eye to the situation. The latter making a mockery of the "RESPECT" campaign.

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  2. They are footballers! You may not like it, but players today are much better behaved than they were 20, 30, 40, 50 years ago. This case has not dragged the game into the gutter - its just another chapter in a long & varied history of a working-class game.

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  3. Its part of a culture then which meant I could not take my 4 year old in the Family End because of the atrocious language and behaviour of some 'working class dads'. No I dont like it.

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