Over the weekend, Chelsea Defender John Terry walked out of Westminster magistrates court a free man after chief magistrate Howard Riddle found him not guilty of a “racially aggravated public order offence.” In other words, the judge said that he could not conclusively prove that when JT said the words “fucking black cunt” to Queens Park Rangers Defender Anton Ferdinand, that he was not repeating them back to him sarcastically in response to Anton thinking he heard the words.
In the aftermath of the verdict yesterday, I watched Sky Sports News for quite a while. After the first hour, the way they reported the story made it seem as though the case was over and that John Terry was an innocent man. People on my Twitter timeline, the majority of which are Liverpool fans, thought that the case was over and that John Terry, despite the video evidence, was gonna get away with yet another heinous act.
I’m writing this piece to tell you this: Contrary to popular belief, the John Terry-Anton Ferdinand racism case is not over. The fat lady isn’t singing yet. Quite frankly, she hasn’t even started warming up.
I wasn’t bothered by the not guilty verdict. Having followed the trial, I fully expected him to be found not guilty, because there was no sufficient proof beyond a reasonable doubt that John Terry wasn’t telling the truth as far as his testimony was concerned. Besides, if he was found guilty, the punishment would’ve been in the area of a £2.5k fine—peanuts for a man making £150,000-a-week in wages. Regardless of the verdict, one thing was certain in my mind: John Terry would be charged by The FA after the criminal trial ended. There, he would have to fight against the dreaded legal burden known as “balance of probabilities,” (a burden of proof that’s much, much, much less than a “reasonable doubt,” as Luis Suarez can attest to) and face much greater punishments in the region of a six-match ban and a five-figure fine.
In the first hour of their coverage of the verdict, Sky Sports News interviewed a former FA executive and Anton Ferdinand’s lawyer. Both of them said that the matter was far from over and that the FA now would launch their own investigation to try to figure out what had happened, much like they did in the Luis Suarez-Patrice Evra case. The FA even released a statement on their website, where they stated that their own investigation was now underway. For some reason, SSN didn’t show those two interviews again for the rest of the day, nor did they mention the FA statement. Instead, it was back to singing the praises of Brave John Terry, the wrongly defamed former England Captain who can do no wrong.
The former FA Executive and Anton Ferdinand’s lawyer are correct: this matter is far from over. The FA will launch an investigation and, should they simply look at the court evidence, or even the televised footage of the game, will find that there is enough substance to Anton Ferdinand’s statement to charge John Terry with misconduct, having violated Rule E3.
Rule E3, under the sub-heading “General Behavior”, holds the following language in its first point:
“A participant shall at all times act in the best interests of the game and shall not act in any manner which is improper or brings the game into disrepute or use any one, or a combination of, violent conduct, serious foul play, threatening, abusive, indecent or insulting words or behaviour.”
As you could see in the TV coverage, John Terry did indeed say “fucking black cunt” to Anton Ferdinand. He used those indecent words. Regardless of whether or not he meant what he said, he did say them. That alone merits an FA Charge for the former England Captain.
The sub-heading’s next point specifically covers the use of racial abuse:
In the event of any breach of Rule E 3(1) including a reference to any one or more of a person’s ethnic origin, colour, race, nationality, faith, gender, sexual orientation or disability (an “aggravating factor”), a Regulatory Commission shall consider the imposition of an increased sanction, taking into account the following entry points:
For a first offence, a sanction that is double that which the Regulatory Commission would have applied had the aggravating factor not been present.
For a second offence, a sanction that is treble that which the Regulatory Commission would have applied had the aggravating factor not been present.
Any further such offence(s) shall give rise to consideration of a permanent suspension.
As mentioned above, John Terry did indeed say to Anton Ferdinand “fucking black cunt”. That is a reference to Anton Ferdinand’s race. Regardless of whether not there was intent, John Terry’s actions violated rule E3. He has admitted to saying those words in court. As a result, he should be expecting an FA charge.
In spite of this, however, I’ve received quite a few replies from people on Twitter saying that if the FA charged John Terry, they would be undermining the English Judicial System. I don’t believe this to be true, because of the lowered burden of proof The FA would require for a conviction to be handed out, they would be able to charge Terry and prosecute him under their own jurisdiction in a court independent of the English Justice System.
If you don’t understand that, I’ll give you an example: OJ Simpson, Hall of Fame half-back for the Buffalo Bills of the NFL, was infamously charged with the murder of his ex-wife Nicole Brown Simpson and her friend Ron Goldman. In the criminal trial, OJ Simpson was found not guilty of the murder, thus escaping criminal punishment. OJ, however, was found to be liable for damages in the civil trial. The jury in the civil trial only needed to determine that there was a preponderance of evidence on either side to reach a verdict. That civil trial did not undermine the American Justice system because it took place in a separate court and required a much lower burden of proof to find OJ guilty.
If charged by The FA, the burden of proof John Terry would have to fight against is “balance of probabilities,” a ridiculously low standard which makes it so that if one side is found to be more credible than the other, even by a marginal amount, the court will find in their favor. That was the burden of proof that Suarez had to face when Evra accused him. He was found guilty under “balance of probabilities,” forever branded a racist, in spite of the fact that The FA and Patrice Evra have said that they don’t believe Suarez to be a racist.
I personally believe that the burden of proof in that sort of case is far too low, because it can irreparably harm the reputation of someone with what would be considered a lack of evidence in a criminal court. That being said, Suarez did admit to referring to the color of Patrice Evra’s skin. It is because he admitted to referring to the color of Evra’s skin that he was found guilty of misconduct, thus violating rule E3. The FA acted within their guidelines and ruled as they saw fit. By those guidelines, they got it right.
I no longer argue the Suarez ruling. I’ve accepted it and, while I still have problems with how it was handled, I’ve have moved past it. The one thing I would like, however, is consistency from The FA in the application of their rules. Now is the time to hold John Terry to the same standards and charge him with misconduct, as he has clearly violated the same rules as Suarez. They would not be undermining the English Justice system because they would be holding him to a lower burden of proof than the criminal court.
To top it all off, if they do not charge John Terry for directing the words “fucking black cunt” at a player on the field at one of their own top-flight matches, an act which was caught on camera and broadcast live around the world, they can no longer act as the moral compass of the football world when it comes to racism and bigotry, something which they have taken great pride in over the last decade. Remember the BBC Panorama special about racism and antisemitism at Polish and Ukrainian football matches occurring regularly? If Terry doesn’t get charged, the country would have no right to show that and act as though they’re on a higher moral pedestal than the rest of the world.
If Terry isn’t charged, it allows Liverpool fans such as myself and Justin to scream of a double standard as Luis Suarez, a Uruguayan international with a black grandfather, has been found guilty of violating rule E3; yet John Terry, an England international who has slept with his teammate’s girlfriend, verbally abused Americans at a pub in the aftermath of the September 11th attacks, and been stripped of the England Captaincy TWICE, has been allowed to walk free. What does that say to the rest of the world, as well as black players in the game today? It certainly doesn’t come as positive that’s for sure.
To quote Will Smith, “I ain’t heard no fat lady!” I hope you haven’t heard one either.
Follow Greg on Twitter @njny