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      Liverpool won't appeal Suarez ban

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      RedLFCBlood
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      Re: Liverpool won't appeal Suarez ban
      Reply #552: Jan 12, 2012 10:54:28 am
      When is a remark racist? When spoken by a foreigner

      http://www.irishtimes.com/newspaper/opinion/2012/0112/1224310143238.html

      The fight against racism in football has not been helped by the savaging of Suarez, Dalglish and Liverpool, writes DAVID ADAMS

      ‘IS CALLING someone a ‘black c***’ racist? Spoke to a black player today who said racism is words like c**n, n-word, w**, etc. Don’t know.” This crass query was posted on Twitter less than two months ago. It refers to what the England and Chelsea football captain, John Terry, has admitted calling QPR’s Anton Ferdinand during a premiership game last October.

      Terry will appear in court next month, charged with a racially motivated public order offence. He insists that his remarks were taken out of context, and must be presumed innocent until proven otherwise. The tweeter, however, appears to suggest that Terry’s outburst might not be racist at all, regardless of context.

      Worryingly, the tweet was posted by the chief sports writer of the Daily Mirror, Oliver Holt (who has authored two books on Terry, under the pen names, Ollie and Oliver Derbyshire). Strange that a journalist, of all people, is not entirely clear on what constitutes racism. Stranger still that Holt and his newspaper, along with most of the rest of the British media, have of late been adopting what they imagine to be a high-minded, zero-tolerance approach to this issue.

      They have been relentless in condemning Liverpool’s Uruguayan player, Luis Suarez, after he was found guilty by the English FA of “racially abusing” the Manchester United footballer Patrice Evra, by referring to him as “negro”. Aside from the fact that Evra’s South American team mates at Manchester United also call him Negro, I would have thought this word to be far less offensive than what Terry has admitted shouting at Ferdinand.

      Increasingly, the media has also been savaging Liverpool and its manager, Kenny Dalglish, for continuing to insist that Suarez is innocent. Oliver Holt went so far as to suggest in a column last Saturday that their support for Suarez makes Dalglish and Liverpool partially culpable for a racist insult directed at a young Oldham player at Anfield the previous night.

      Self-evidently, Holt et al believe that Suarez and Liverpool have no right to question an FA ruling. This is another strange position for journalists to adopt. They, of all people, should realise that even a proper court can get it wrong, never mind the FA’s “kangaroo court”, as Everton manager "The Chosen One" recently described it. The FA secures a conviction rate of 99.5 per cent, as Irish sports lawyer (and Liverpool fan) Stuart Gilhooley has pointed out.

      An unnamed sports lawyer has told the BBC that the FA acts as “police, judge and jury all rolled into one”. No wonder Suarez, his club and its supporters are up in arms.

      Undeterred, the British media is presenting the FA’s handling of the Suarez affair as a shining example of best practice, while doing all it can to shift attention away from the finer details and on to the broader issue of racism. This involves making pantomime villains of Suarez, Dalglish and Liverpool.

      In truth, even before the case was heard, the bulk of the media had made plain its position. Suarez was never afforded the same innocent-until-proven-guilty treatment that John Terry has (rightly) enjoyed.

      From the moment Evra’s complaint emerged, hardly a day passed without it being highlighted. Yet within days of John Terry being charged, sportswriters and football commentators were commending the Chelsea captain for a “courageous performance”, “despite the pressures he is playing under”.

      Suarez was fined €48,500 and banned for eight games by the FA. Somewhat conveniently, Terry was reported to the police by “a member of the public” and shuffled off to a criminal court where the evidential threshold for conviction is massively higher than that of the FA, and the maximum possible penalty decidedly lower (€2,500).

      I am not a disinterested observer, having supported Liverpool for more than 40 years. But then, who is? (Lord) Herman Ouseley and Piara Powar, two of the most vocal and widely quoted critics of Suarez, Dalglish and Liverpool, and strident supporters of the FA’s ruling, are both invariably described by the media only as anti-racism campaigners. That the first is also a member of the FA and on the board of the Manchester United Foundation (Evra’s club), and the second is a director of the Chelsea Foundation (Terry’s club), is never mentioned.

      Why has a basic tenet of good journalistic practice, highlighting possible conflicts of interest, been dispensed with? Ultimately, the FA has scored some imaginary political point against Fifa’s Sepp Blatter; anti-racism campaigners have had their (extremely important) issue raised to stratospheric heights; and the British media has been able to flaunt its supposed anti-racist credentials. That the reputation of a “Johnny Foreigner” has been destroyed in the process, and a great football club and its manager tarnished, is unfortunate. But at least it wasn’t an England captain.
      FATKOPITE10
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      Re: Liverpool won't appeal Suarez ban
      Reply #553: Jan 12, 2012 11:15:21 am
      Interesting slant on FARE and our friend Mr Powar, when rangers fans sent letters of complaint to them about songs sung by celtic fans in europe they received a response from the chief executive of Celtic. This could clearly be seen as a breach of the Data Protection Act by providing addresses and names to a third party without approval. Interesting that he constantly talks about morals and people's behaviour.
      RedLFCBlood
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      Re: Liverpool won't appeal Suarez ban
      Reply #554: Jan 12, 2012 11:47:37 am
      Turning into a hot topic of debate on twitter again this.
      RedLFCBlood
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      Re: Liverpool won't appeal Suarez ban
      Reply #555: Jan 17, 2012 12:49:43 pm
      Paddy F***ing Barcaly is on his high horse, I F***ing hate this pr**k.

      Kenny Dalglish must arrange public apology from Luis Suarez to Patrice Evra

      http://www.thisislondon.co.uk/standard-sport/football/article-24028547-kenny-dalglish-must-arrange-public-apology-from-suarez-to-evra.do

      The dunderhead fringe of Liverpool's support don't half like an apology. They seemed to want Roy Hodgson to apologise for not being Kenny Dalglish and, when observers requested a fair chance for Hodgson, demanded we recant or face the wrath of the believers.

      Yet, while only too keen to take, they appear oddly reluctant to give, certainly in the case of the wronged Patrice Evra, whom a Football Association commission found to have been subjected to a racially objectionable word by Luis Suarez during the League match against Manchester United at Anfield.

      An eight-match ban reflected scorn for a flimsy - if sincere - defence based on "cultural differences" between Uruguay and England. But the attitude of the mob was unswerving. It becomes more depressingly understandable, however, as the days pass without contrition from the club's leadership, for which Ian Ayre should not be mistaken; the chief executive's admission of "damage" almost implied that Liverpool were the victims. Even the American owners emit deafening silence. For no one may gainsay King Kenny.

      Dalglish is rightly revered for not only his footballing exploits but his personal qualities after Hillsborough. But he is, like the rest of us, fallible and that he has got this so wrong was obvious when he joined the players in their display of T-shirted solidarity with Suarez at Wigan.

      A more mature posture is now necessary. There are only 11 days before United return to Anfield in the FA Cup and football as a whole is in danger of suffering, for there is speculation that Sir Alex Ferguson will drop his captain amid fear that an acrid atmosphere might take a more sinister turn.

      A public apology from Suarez to Evra would change everything. Only Dalglish can arrange this triumph of decency over tribalism and he should do so now. You'll Never Walk Alone is a song, not a principle. I'm sorry but it's true.

      F**k you Paddy, so Suarez should publically apologise for being found probably Guilty by a kangaroo court with no cooroberating evidence and a report with more contradictions than anything else.

      F***ing laughable.
      waltonl4
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      Re: Liverpool won't appeal Suarez ban
      Reply #556: Jan 17, 2012 01:07:42 pm
      I'd prefer to see Luis in a ring with Evra no holds barred.I think what annoys these people is that we really don't give a flying F**k what they think about us they really just dont get it that we are not in the least bit concerned what they write about our club
      kelvo
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      Re: Liverpool won't appeal Suarez ban
      Reply #557: Jan 17, 2012 01:16:16 pm
      F**k the lot of them!

      Best way to ram it down everyones throat is to beat the Mancs week Saturday and go on and lift the FA Cup!
      Paisleydalglish
      • Guest
      Re: Liverpool won't appeal Suarez ban
      Reply #558: Jan 17, 2012 01:36:55 pm
      F**k off Patrick " I wanna shake Alex Fergusons length" Barclay

      I want to know how some of these stories get beyond the editors desk.. What happened to balanced views.. If it was me I'd tell him to write it again as there is not enough fact in it. In fact I'd tell him to write a peice about the holes in poor victim Patrice Evra's testimony.. Say ok publish this but I want a peice on how Evra's side doesn't stand up, let the readers have a balanced view.

      This whole episode has been the final straw for me and the written media. F**k them and the FA
      Fourbrick3
      • Forum Matt Busby
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      Re: Liverpool won't appeal Suarez ban
      Reply #559: Jan 17, 2012 04:54:52 pm
      (Not by me- but gets it right.)

      The Commission Report - View of a Governance Pro

      --------------------------------------------------------------------------------

      The Charge is that LS used “threatening, abusive, indecent or insulting words or behavior, including reference to a person's ethnic origin, colour, race, nationality”.

      Having read the report , I conclude that the enquiry and gathering of evidence was thorough. The Commission made a serious effort to understand the the events, the evidence and have identified contradictions of interpretation objectively.

      It is however in the decision process, the deliberation as to what really happened, and the standard of proof relied on to establish what happened “on the balance of probability” that serious problems arise, and amateurism of process is introduced.

      As mentioned, the “facts” (conflicting statements by LS and PE, as well as contradictory second hand explanations of what was said at the time) are objectively considered and a very fair conclusion reached. It cannot be established beyond reasonable doubt what happened. The decision has to fall to a lower test of what probably occurred on the pitch during those hectic minutes from when PE started the aggressive verbal exchange.

      From the enquiry it is clear that LS used the word “negro” in Spanish up to five times. It is also clear that the altercation in the goalmouth was not friendly. It was PE who started the argument both through his insulting language and an aggressive body language. The Commission combines this with a second factor to arrive at their conclusion as to what probably happened.

      The second factor is the reliability of the witnesses. Here PE gives a solid performance, sticks largely to his storyline and is intimidated neither by the authority of the Commission, nor by any concern over the consequences of his actions. LS on the other hand appears like a rat cornered, seeking refuge in spin and changes to his explanations as he is pressured by cross-examination and faced with new evidence. The Commission determine that as PE is a more consistent witness, that his version of events are more credible than that of LS.

      To certain degree, one can have some sympathy with the Commission believing that at some point, LS would have uttered his replies to PE’s expletives with “a sneer”, something that in effect would render even the term “amigo” into an intended insult. The conclusion at this point seems evident: There was an antagonistic exchange between the players and there was a use of reference to colour. Hence, it is possible that LS made reference to colour (“negro”) in the context of an exchange of words in colloquial Spanish. Technically, this involves a two match ban for “insulting and abusive behaviour”, doubled by the presence of reference to colour, creed or origin, etc, therefore justifying a 4 match ban. A tough outcome, but the Commission probably has little alternative conclusion.

      It is at this point that the Commission’s decision thought process IMO goes completely askew and appears amateur.

      1. As they have deemed PE reliable, and LS unreliable, they accept the accuracy of PE’s version of events as 100% true and accept nothing of LS’ input. By their own observation, memory recall under these circumstances will be imperfect, both during and after the match. By accepting PE’s account as 100% reliable, they allow neither for potentially faulty recall, misinterpretation under pressure or the fact that PE may have had less than angelic intent in his presentation of events. In fact the Commission dismisses any “vengeance” objective by PE as being improbable, mostly due to his performance as a “reliable witness”. It might be more accurate to consider that if only 20% of the statements of LS might be considered reliable, then perhaps 20% of statements made by PE might be inaccurate. No-one is free of intentional or unintentional distortion of reality as we recount events, even when we try to be objective.

      2. Whereas statements of third parties might be considered as supplementary evidence, reliance on them are taken almost as if by “expert witnesses”. Differences in statements made by Kenny, Comolli or Kuyt in the immediate aftermath of the match, when the risk of reality distortion and speculation to find explanations would have been at its highest are taken to evidence the unreliability of the witness of LS. None of the above are professional investigators, although reading the report, their statements are relied upon as very reliable indeed.

      3. Having accepted PE’s version as being reliable, the Commission determines their sanctions as if benefitting from 100% objective evidence as to what happened. With this certainty, they determine LS guilty and judge him to have committed an aggravated breach of regulations; equating to a tough but logical 4 match ban. However! They then considered the demands of the FA to make an example of LS to deter such behaviour in future. They proceed to do so by doubling the ban to 8 matches, despite the absence of anything other than conjecture to determine the guilt of LS in the first case.

      4. The Commission fail to consider or take action on the behaviour of PE. He started the altercation, he was physical and used insulting language making reference to the “privates” of LS’ sister (although this is accepted by the Commission as being a normal street expletive), and he too made reference to the origins of LS – an “aggravating factor” to abusive and insulting behaviour that included the verbal threat of physical harm.

      A number of inconsistencies ensue in their deliberation including consideration that LS should be aware that the word “negro” is particularly bad in the UK context; disregarding the fact that the entire exchange is in a milder, Spanish, non-UK context. Whereas it is deemed that “negro” is particularly aggravating in this UK context, they excuse the offensiveness (UK context) of the reference to LS’ sister as “normal” in a Spanish context.

      My conclusion is that on the balance of probability, as with most altercations, tempers would have risen from a low to a high – and the use of the N word could have changed at any point in the exchange. Yes, LS is guilty of insulting behaviour, as PE is guilty of threatening and insulting behaviour. On this benchmark however, most goalmouth incidents should result in 2x two match bans.

      The most shocking error by the Commission is to apply such certainty to their conclusion of the likely sequence of events based on their “reliability of witness” test. Consider their cultural backgrounds. I have experience of both French and S American cultures. French culture encourages a certain sense of “I know my rights” and a desire to impose those rights in the face of authority, leading to a certain arrogance and courage overcoming the intimidation of authority. In Latin American cultures, lower classes are far more sceptical of the police and judicial authorities, there is a longer history of human rights violations and instincts are to avoid confrontation and to try to escape the limelight. I would also submit that LS is, as he himself terms it, “as a child” and very naive in consequence. For PE, under no pressure or threat of sanction and speaking considerably better English than LS, to make accusations – none of which are objectively proved – is easy. For LS his instincts are to avoid the wrath of the authority and to distort the reality as far as possible, such as with a child. It does not mean he is guilty; just frightened.

      The Commission have reached a logical conclusion in finding LS guilty of the charges brought – however, they have only addressed half the story and left the impression that LS is guilty of a race crime that goes far beyond what happened on the pitch, even based on the Commission’s own determination on a one sided “balance of probability”. That is hardly the basis on which to extend the punishment further “as an example” to deter others.

      To correct this, the additional penalty should be removed and PE should also be sanctioned. If the FA want to demonstrate their strictness, they should do so in a case where the standard of proof is higher and not obscured by linguistics and culture, such as the case of Terry. Here there is enough video evidence to satisfy the objective test of a police prosecution. It will be interesting to see how the FA deals with their own Captain? As they excuse the physical assaults of Rooney in the National Team, I wonder?

      What to do? The FA have painted themselves into a corner. If justice was to prevail, it is my opinion that both PE and LS should suffer a 4 match ban and we should appeal to such effect. However, the risk of appeal is high and would drag LS and LFC through the mud, especially if the Commission fail to recognize the flaws in their judgement; the appeal would go to international bodies, perhaps even to a libel action against the FA (also decided upon the balance of probability!) – a real mess.

      An acceptance of the 8 match ban seems perhaps best, accompanied by a very clear statement that LFC finds the findings flawed, and the extra sanction applied to provide an example to be inappropriate. LFC should charge PE with abusive and threatening behaviour based on the evidence and standards of behaviour referred to in the report Finally, LFC should run a campaign highlighting the conclusion of the Commission that LS is not at all racist, but that this was a heat of the moment incidence using words common in River Plate Spanish, that all the same should be sanctioned for the sake of propriety.

      I can’t say I like this one bit. But having reviewed the report in some detail, I have issue with the political use of the FA of this situation, not with the silly and immature misdemeanor of LS who should on balance remain an LFC player. I also accept his 4 match ban for the breaches, so long as this interpretation of the rules are equally applied to PE.



      Fourbrick3
      • Forum Matt Busby
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      Re: Liverpool won't appeal Suarez ban
      Reply #560: Jan 17, 2012 05:02:48 pm
      From a language expert. This open letter was apparently sent to the F.A.


      Language issues in the FA reasons document
      I will quote first the FA document on the key point:

      “90. Mr Evra's evidence was that, in response to his question "Why did
      you kick me?", Mr
      Suarez replied "Porque tu eres negro". Mr Evra said that at the time Mr
      Suarez made that
      comment, he (Mr Evra) understood it to mean "Because you are a ******".
      He now says
      that he believes the words used by Mr Suarez mean "Because you are
      black".”

      End quote.

      I read the whole FA report. I am a Uruguayan born in Montevideo,
      currently a university Literature and Language professor in the US. It
      is clear to me that the Spanish language reported by Evra is
      inconsistent with Luis Suárez’s way of speaking Spanish. I am surprised
      nobody (and especially, the Liverpool lawyers) raised this point. The
      key is that Evra makes Suárez to appear using forms of Spanish Suárez
      just wouldn't use. Suárez cannot speak as Evra reported him speaking.
      And that strongly suggests that Evra made the whole thing up.

      This is, I believe, key for the case and, if acknowledged, it would
      destroy Evra’s credibility. The fact that the FA has not noted that
      Suárez would never say “porque tu eres negro” (that is just not a way
      of speaking in the Rio de la Plata area), much less “porque tu es

      negro” or “tues negro” (as Comolly apparently stated), which are
      gramatically incorrect or just do not exist in Spanish. You don’t use
      the verb “ser” (to be) in the Rio de la Plata area that way. Luis
      Suarez would have said “porque SOS negro”. There is no possible
      variation or alternative to this whatsoever in our use of Spanish. And
      we of course don’t say “por que tu es negro” (as supposedly Commoly
      reported) because this is no Spanish syntax. In that sentence “es” is
      being wrongly conjugated in the third person of singular while it
      should have been conjugated in the second, “sos” (and never, I repeat,
      “eres”). Hence, I don't know what Comolly heard from Suarez after the
      match, but I am positive he got it wrong--unless we believe that Suarez
      cannot even speak Spanish...

      What follows to these is that Evra’s report on what Suarez said is
      unreliable, just because Evra depicts Suárez speaking in a form of
      Spanish Suárez just does not use.- Suárez cannot have said “porque tu
      eres negro”. He would have said--if at all he said anything-- “porque
      sos negro”. And the problem is that this is not what Evra declared.
      Once again: Evra reports Suárez to have told him “porque tu eres negro”
      which just sound unplausible. People from Montevideo or Buenos Aires
      just do NOT USE that verb “ser” (to be) that way. In such a case we
      would say “porque sos negro”. How come Evra reports Suárez speaking as
      he does not speak, and the FA accepts his word? Looks like Evra is
      making this up.

      ***

      That said, let’s pay some attention to the incredibly sloppy way the FA
      has managed the Spanish language in their report.

      “138. Mr Comolli said in his witness statement that Mr Suarez told him
      nothing happened. He
      said that there was one incident where he said sorry to Mr Evra and Mr
      Evra told him
      "Don't touch me, South American" to which Mr Comolli thought Mr Suarez
      said he had
      replied "Por que, tu eres negro?". (...) Mr Comolli confirmed under
      cross-examination
      that he believed that what he was told by Mr Suarez in this meeting was
      that the words he
      had used to Mr Evra translated as "Why, because you are black"."
      Endquote.

      “Por que, tu eres negro?”…. ??!! This makes no sense. It is no Spanish.
      “Por qué” means “why” (and not “because” in this case). It is
      incorrectly spelled by the FA in their official report (they don’t seem
      to give a damn about Spanish, since they treat Spanish in such a
      careless way all along the report). It cannot be translated in a way
      that makes sense. Literally, if I had to translate it, it would be
      something like this: “why, you are black?” I have no idea what that
      could mean.

      And Mr Comolli’s version is VERY different from Suarez’s own statement.
      Let’s see what Suarez himself reported:

      "141. Mr Suarez's version of this conversation was as follows. He said
      that Mr Comolli
      explained to him that Sir Alex Ferguson and Mr Evra had complained to
      the referee that
      Mr Suarez had racially insulted Mr Evra five times during the game. Mr
      Comolli asked Mr
      Suarez to tell him what happened. Mr Suarez told him that Mr Evra had
      said to him
      "Don't touch me, South American". Mr Suarez had said "Por que negro?".
      Mr Suarez told
      Mr Comolli that this was the only thing he had said."

      What Suarez stated makes perfect sense in the Spanish we speak in the
      Rio de la Plata area –even though, again, it is ill transcripted by the
      FA. They should have written: “¿Por qué, negro?”. Then, I have no idea
      why, the FA believes in the incorrect Spanish of a non native speaker
      (Comolli), instead of crediting Suarez about his own words…

      The linguistic abilities of the FA are completely under question here,
      and they seem to have been key in their grounding of the case. Let’s
      see how lousy their understanding and use of Spanish language is, by
      looking in detail at just another part of the reasons alleged by the FA:

      "284 (...) Mr Comolli said to the referee that Mr Evra first said "you
      are South American" to Mr Suarez who responded with "Tues Negro" which
      translates as
      "you are black"." Endquote.

      It is ridiculous that the FA, after careful consideration of
      everything, would even consider relevant whatever Mr Comolli might have
      understood from Suárez, when it is clear Mr Comolli can barely
      understands what he himself is trying to say in Spanish. I say this
      because “tues” is no Spanish word. And “tues negro” cannot be
      translated at all—let alone into what the FA says it means. It’s simply
      not a Spanish expression, so it cannot be “translated”. Comolli
      recollection from his chat with Suárez just after the match is
      unreliable. A pity since it arrived to the FA jury through a Liverpool
      official, but the language is so ridiculously wrong it makes me laugh.

      In sum: Suárez could not have even said “tu eres” negro, which would be
      gramatically correct in Madrid, because in the Rio de la Plata area we
      would never say “tu eres negro”, but “vos SOS negro”. And that is a
      fact, not a matter of the opinion of anyone, not even the language
      experts consulted by the FA, of course. I am a native speaker of
      Montevideo, a PhD in Spanish by Stanford, and currently a professor of
      Spanish at Brown University, and if I was called to court on this, I
      would categorically deny that Suarez, who lived his adult life in
      Montevideo—despite being born in Salto—could have said other than “vos
      sos negro”. There is no way in the world he could have said to Evra,
      spontaneously and as a reaction to Evra’s words and attitudes, “porque
      tu eres negro”—and much less “tues negro”, that doesn’t exist. Simply
      “tues” is no Spanish.
      Despite of that, the FA makes it stand and transcribes it in their
      report, and substantiate their conviction on these words.

      ***

      Reading Evra’s statement, I understand it could happen that Evra
      misunderstood Suárez at some point. When Suárez said “¿por qué,
      negro?”, Evra might have assumed that as a racial insult, while
      Suárez—even in the heat of a discussion—could perfectly have said that
      as a way of normally expressing himself (not exactly to calm Evra down,
      but just because he normally would talk like that without thinking
      about it). This point is where the cultural clash seems more important,
      and it is working against Suárez because nobody in the jury (let alone
      the Daily Mail kind of media) seems to even start understanding the
      common way we use the term “negro” in the Rio de la Plata area. They
      heard their experts, and their experts explained the different options
      of our use of the word depending on different contexts and intentions.
      Then, the jury just decided that the whole thing was an equally
      aggressive clash by both sides, and because of that, they concluded
      Suárez could have not use the "negro" word to Evra in a descriptive
      way. Why? Their interpretation is not clear to me and doesn’t seem to
      be the only one possible. “¿Por qué, negro?” (after Evra said “Don’t
      touch me you South American”) is not offensive, but a question, and a
      very common one indeed, where “negro” is a DESCRIPTIVE noun, not an
      adjective loaded with a negative connotation. I completely understand
      why a British or an American might start not understanding the tone or
      the intention from Suárez. But I myself can clearly understand the
      account Suárez does and it seems consistent to me. I hear it more as a
      common (unmarked and uncharged) addressing to Evra.

      Finally, the whole verdict seems to be grounded on 3 elements:
      1) The FA tends to believe Evra is more reliable than Suarez (a purely
      subjective element)
      2) The FA does not seem to have understood the Spanish language
      allegedly used --even though they grounded they verdict on their own
      interpretation of that very Spanish language.
      3) They believe the word "negro" cannot be used just in a descriptive
      way in the context of a discussion--which means they don't really
      understand how we do use it in the Rio de la Plata area. This made them
      feel Suarez was unreliable and probably aggravated them.

      A pity. The most important thing here has to do with proportion.
      Suárez’s name has been destroyed and now the FA has shown there is NO
      EVIDENCE whatsoever of Suarez saying any of the things Evra attributes
      to him, exception made of Evra’s own statement.

      Evra convinced the FA. And I wonder how much of racial prejudice
      (against the "wild animals" South Americans are supposed to be after
      Alf Ramsey's famous remark) there is at play on the FA and media heads.

      RedPuppy
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      Re: Liverpool won't appeal Suarez ban
      Reply #561: Jan 18, 2012 07:08:34 pm
      Paddy F***ing Barcaly is on his high horse, I F***ing hate this pr**k.

      Kenny Dalglish must arrange public apology from Luis Suarez to Patrice Evra

      http://www.thisislondon.co.uk/standard-sport/football/article-24028547-kenny-dalglish-must-arrange-public-apology-from-suarez-to-evra.do

      The dunderhead fringe of Liverpool's support don't half like an apology. They seemed to want Roy Hodgson to apologise for not being Kenny Dalglish and, when observers requested a fair chance for Hodgson, demanded we recant or face the wrath of the believers.

      Yet, while only too keen to take, they appear oddly reluctant to give, certainly in the case of the wronged Patrice Evra, whom a Football Association commission found to have been subjected to a racially objectionable word by Luis Suarez during the League match against Manchester United at Anfield.

      An eight-match ban reflected scorn for a flimsy - if sincere - defence based on "cultural differences" between Uruguay and England. But the attitude of the mob was unswerving. It becomes more depressingly understandable, however, as the days pass without contrition from the club's leadership, for which Ian Ayre should not be mistaken; the chief executive's admission of "damage" almost implied that Liverpool were the victims. Even the American owners emit deafening silence. For no one may gainsay King Kenny.

      Dalglish is rightly revered for not only his footballing exploits but his personal qualities after Hillsborough. But he is, like the rest of us, fallible and that he has got this so wrong was obvious when he joined the players in their display of T-shirted solidarity with Suarez at Wigan.

      A more mature posture is now necessary. There are only 11 days before United return to Anfield in the FA Cup and football as a whole is in danger of suffering, for there is speculation that Sir Alex Ferguson will drop his captain amid fear that an acrid atmosphere might take a more sinister turn.

      A public apology from Suarez to Evra would change everything. Only Dalglish can arrange this triumph of decency over tribalism and he should do so now. You'll Never Walk Alone is a song, not a principle. I'm sorry but it's true.

      F**k you Paddy, so Suarez should publically apologise for being found probably Guilty by a kangaroo court with no cooroberating evidence and a report with more contradictions than anything else.

      F***ing laughable.



      Quiet day in LONDON? Old news now, FFS but hey it will take the flack off Terry and keep those self pitying Scousers in their place.
      6stringer
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      Re: Liverpool won't appeal Suarez ban
      Reply #562: Jan 18, 2012 07:47:58 pm
      Quote "A more mature posture is now necessary. There are only 11 days before United return to Anfield in the FA Cup and football as a whole is in danger of suffering, for there is speculation that Sir Alex Ferguson will drop his captain amid fear that an acrid atmosphere might take a more sinister turn."unquote.
      WTF !!..THIS IS FOOTBALL MATE !!...What sort of reaction does he expect evra will get???..a bunch of flowers and minutes applause before KO??..Jeez Louise !!
      Evra will be booed and whistled everytime the ball goes withn a 10yd radius of hm let alone when he touches it and he will be hounded into having a horror performance which is what we want...over the years players "trying" to play at Anfield , especially anyone connected with Man Utd who have pissed us off will get it in the neck...Beckham , Giggs , Rooney , Neville , Cantona ,  Jordan , Charlton , Robson , McQueen , Schmichael even Tommy Dougherty got it good style from the Kop..
      So get real mate , its all part n parcel of being a Man Utd player at Anfield whether its a friendly , League or Cup game...and it will never stop !!
      MIRO
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      Re: Liverpool won't appeal Suarez ban
      Reply #563: Jan 18, 2012 08:02:08 pm
      1. As they have deemed PE reliable, and LS unreliable, they accept the accuracy of PE’s version of events as 100% true and accept nothing of LS’ input. By their own observation, memory recall under these circumstances will be imperfect, both during and after the match. By accepting PE’s account as 100% reliable, they allow neither for potentially faulty recall, misinterpretation under pressure or the fact that PE may have had less than angelic intent in his presentation of events. In fact the Commission dismisses any “vengeance” objective by PE as being improbable, mostly due to his performance as a “reliable witness”.

      Thats complete and total bollocks

      and yet  a couple of years ago (as I have posted here) in the Chelsea groundsman fiasco the FA found Evra and Mike Phelans evidence to be wholly unreliable.
      It wasnt as if Evra didnt have history with the FA. He did and very negative.
      Brian78
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      Re: Liverpool won't appeal Suarez ban
      Reply #564: Jan 18, 2012 08:12:56 pm
      I wonder when the real story comes out will we see the headline

      "Ferguson must make evra apologise"

      Will we balls
      6stringer
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      Re: Liverpool won't appeal Suarez ban
      Reply #565: Jan 18, 2012 08:13:26 pm
      What I wanna know is can Luis Suarez sit and watch the game from the directors box?...
      Brian78
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      Re: Liverpool won't appeal Suarez ban
      Reply #566: Jan 18, 2012 08:15:20 pm
      What I wanna know is can Luis Suarez sit and watch the game from the directors box?...

      He should sit in the Kop!! Or stand!!
      AZPatriot
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      Re: Liverpool won't appeal Suarez ban
      Reply #567: Jan 18, 2012 08:15:21 pm
      What I wanna know is can Luis Suarez sit and watch the game from the directors box?...

      He did in the cup match not long ago, think he is at home right now taking a breather, pretty sure he will be back in town in 10 days or so.
      QuicoGalante
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      Re: Liverpool won't appeal Suarez ban
      Reply #568: Jan 18, 2012 08:54:05 pm
      Well, he is not in Uruguay at all (we only have 1 International Airport, so its pretty much Impossible to arrive unseen). The word here is he is at Liverpool
      RedPuppy
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      Re: Liverpool won't appeal Suarez ban
      Reply #569: Jan 18, 2012 08:58:05 pm
      Well, he is not in Uruguay at all (we only have 1 International Airport, so its pretty much Impossible to arrive unseen). The word here is he is at Liverpool

      Seriously! Only 1!
      Brian78
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      Re: Liverpool won't appeal Suarez ban
      Reply #570: Jan 18, 2012 08:59:58 pm
      Well, he is not in Uruguay at all (we only have 1 International Airport, so its pretty much Impossible to arrive unseen). The word here is he is at Liverpool

      Be nice to see him at the cup game next week so good news that hes not in Uruguay.

      Are the people over there aware of the support he's getting from Liverpool supporters over here mate?

      (off topic so maybe answer in the player thread whats the view over there of Coates as a player?)
      Paisleydalglish
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      Re: Liverpool won't appeal Suarez ban
      Reply #571: Jan 18, 2012 09:04:55 pm
      Didn't the club offer him time to go home for a holiday and to get away from it all but he said no he wanted to keep training with the lads?

      The players can go to any game they want as well can't they? Im sure he will be at the game, probably with his laser pen shining it at Evra.  ;D
      QuicoGalante
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      Re: Liverpool won't appeal Suarez ban
      Reply #572: Jan 18, 2012 11:11:02 pm
      Be nice to see him at the cup game next week so good news that hes not in Uruguay.

      Are the people over there aware of the support he's getting from Liverpool supporters over here mate?

      (off topic so maybe answer in the player thread whats the view over there of Coates as a player?)
      I commented before that the view here is that the fans had his back, but the club left him walking alone (not Kenny, him and the players were superb!)
      As for Coates, I posted my views on him in his player thread and on the "best prospects" thread  long ago
      AZPatriot
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      Re: Liverpool won't appeal Suarez ban
      Reply #573: Jan 19, 2012 06:55:48 pm
      Pretty damn good piece of detective work by a Manc, long read but honestly pretty fair to the whole situation.

      Wednesday, 18 January 2012
      The Commission's New Clothes
      Dear Sir,

      I write to express my exasperation and dismay, principally with the FA Commission's written reasons for their judgement in the matter of Luis Suarez and Patrice Evra, but also with the manner in which it has been covered by the media. While I do not consider The Independent to be the most culpable in this respect, it is the newspaper with which I most strongly identify, and therefore, regrettably for you, also the natural outlet for me to vent my frustration.

      I do not expect this letter to be published: not, I hasten to add, because I am harbouring any fears of conspiracy and suppression; rather, I believe that my letter is both ill-timed and over-long. Nonetheless, I hope to gain some catharsis from the process and beg your indulgence and pardon for the inconvenience.

      Like The Independent blogger, Musa Okongwa, I am a long-standing Manchester United fan, and like him, I felt that objectivity would be best served by reserving judgement until the written report had been published. However, the conclusions we each drew from that report could not be more different.

      I read the full text on Sunday 2nd January, and did so with a growing sense of indignation at what I perceived to be a wholly partial, and thoroughly flawed judgement. When I turned to the media on Monday 3rd, I fully expected the report to be excoriated; to be greeted with howls of derision and minutely dissected to reveal that, for all its heft, its arguments are as substantial as air. You may imagine, then, that I was a little surprised to find nothing but praise for "The commission's commendably exhaustive work..." (Ian Herbert, Mon. 2nd Jan.). Not one dissenting voice to mention that the Commission's unmentionables were dangling obscenely in plain view.

      It is my view that the Commission relied on a slightly different sense of the word exhaust to ensure that few, if any, would have the stamina to refute their findings. I note that while they do provide a summary, this is suspended until the end of the report and does not, in my opinion, accurately summarise their findings. "Whether" (to co-opt one of their own phrases) "this was due to language difficulties or evasiveness was not entirely clear..." (para. 237). Any attempt to provide a thorough rebuttal of every flawed statement in the report would be wearisome to read and risks trying the patience of my audience. Therefore, I will confine myself to a detailed discussion of what I consider to be two of the most egregious errors in the Commission's findings, including along the way a selection of highlights from the report - sufficient, I hope, to cast doubt on James Lawton's claim that "The independent panel ... was never likely to expose itself to the charge of a serious miscarriage of justice." (Mon. 2nd Jan.).

      The first of these two fatal flaws is the way that the Commission handled the question of probability (paras. 322-345). The second, and in my view more damaging, is the conclusion they reach on the sequence of events and the number of times which Mr Suarez used the word 'negro'.

      In the first case, the Commission set out to establish whether it is more probable that Mr Evra would deliberately and maliciously invent an allegation of racial abuse which, if it were upheld "...would be extremely damaging to Mr Suarez, a fellow professional." (para. 327), or that Mr Suarez might, without being racist per se, give in to that "unattractive trait of human nature..." to "...do and say things that we are not proud of and regret, and that we might try and deny, sometimes even to ourselves." (para. 344).

      In this, as with so much else in the report, the linguistic bias is inherent and obvious. The choice we are offered is not an even one. We may either accept the word of Mr Suarez, and thereby demonise Mr Evra and accept all of the unpleasant ramifications of that action, or accept the word of Mr Evra, all the while understanding that Mr Suarez acted foolishly and uncharacteristically in the heat of the moment. (Compare also the descriptions of the two parties in paragraphs 229-237. Mr Evra is given six paragraphs, starting with:
      "Mr Evra has played for Manchester United and France for a number of years. He has captained both. He speaks a number of languages including Senegalese, French, Spanish, Italian and some Portuguese. He gave his evidence to us in English." (para. 229).
      In contrast, Mr Suarez gets only three paragraphs, and we are introduced to him thus:
      "Mr Suarez speaks little English. There were occasions during the hearing when he clearly understood a question in English because he gave a response in a few words of English or by a nod of the head. But these were few and far between." (para. 235)
      There is no mention of his representing his country, nor of captaining Ajax. All we learn of his language skills is that they render him effectively mute in an English tribunal. That is, of course until para. 296 when it becomes necessary for the FA case to concede that "Mr Kuyt said that Mr Suarez speaks Dutch very well and so they always speak to each other in Dutch.")

      All this, however, is more of an aside, and I am anxious to avoid the charge that I am simply playing word-games; nibbling at the edges of an otherwise sound judgement. What troubles me more is the Commission's bland rejection of Mr McCormick's submission that Mr Evra, already angry and "in shock", seized upon the one confessed use of the word 'negro' by Mr Suarez, and built, thereon, a fictitious but far more damning exchange.

      The question of probability, in the opinion of the Commission, turns on the alleged use of the phrase 'No hablo con los negros' by Mr Suarez, and is reduced to a choice of inferences which they feel may be drawn from the "accepted fact that Mr Evra reported these comments to those individuals straight after the game." (para. 324). Those individuals being the referee, Mr Marriner, and four of Mr Evra's team-mates. The possible inferences offered to Mr McCormick (acting for Liverpool and Mr Suarez) are:
      "(1) that Mr Evra was telling the truth and Mr Suarez had made this comment during the game; (2) that Mr Evra made it up, in which case one would have to ask why he had made it up, and how he had done so as soon as the game had finished; (3) that Mr Evra had misheard or misunderstood something that Mr Suarez said, in which case one would have to ask what Mr Suarez had said and how Mr Evra had misheard or misunderstood it; (4) that there was some other reasonable inference that we should draw, which was not immediately apparent to us." (para. 325)
      Not surprisingly, Mr McCormick chose option (2), although I would contend that he might have been better served by availing himself of option (4), since by separating options (2) that Mr Evra made it up, and (3) that Mr Evra misheard or misunderstood something that Mr Suarez said, I believe that the Commission is once again endeavouring to polarise the debate: you may decide that Mr Evra invented a lie with no provocation, or you may decide that Mr Evra misheard an entirely different comment; you may not decide that Mr Evra heard the word 'negro' and became sufficiently incensed to embellish the tale of its use.

      It is worth noting at this point, the Commission's curious understanding of the passage of time. Much effort is spent in the course of the report to establish that, once the Liverpool management had been apprised of the allegations, they were well aware of the gravity of the situation and that, for example:
      "It would be surprising if, in asking Mr Suarez about a serious allegation and wanting to take care how the matter was dealt with, Mr Comolli did not carefully note the exact Spanish words that Mr Suarez used." (para. 295)
      The fact that they were responding to as yet unspecified allegations, and doing so in a very brief space of time, in at least two different languages (three if one includes Mr Dalglish's sometimes impenetrable accent), does not appear to worry the Commission at all.

      If they could be said to have expanded the time available to Mr Comolli et al., then it might appear that in Mr Evra's case, they were looking through the wrong end of the telescope, since they suggest that any false allegation would have to have been invented "as soon as the game had finished.". I would suggest that a more probable scenario might be that Mr Evra, who at the time believed the word 'negro' to mean something far more offensive than it actually does, may have spent the remaining half-hour of the match turning over the exchange in his mind, allowing it to fester until by the time he left the field "Hernandez saw that Mr Evra was angry and upset." (para. 122) and "Anderson said that Mr Evra was really angry in the dressing room." (para. 124). In fairness to the Commission, they do seem to have been aware of the absurdity of the statement in para. 325 above, so that by the time we reach para. 327, the language has changed to:
      "At some point before entering the dressing room about 30 minutes later, during which time two goals were scored, Mr Evra invented the allegation that Mr Suarez had said 'I don't speak to blacks'."
      Yet there still seems to be an implication that a football match, particularly one in which goals are scored, absorbs the mental faculties of a player to the extent that he cannot think about anything else, such as grievances he may feel. This is apparently true even of a player who by his own evidence was still in shock fully five minutes after a fairly routine tackle and felt the need to remonstrate with his assailant.

      The Commission rejects Mr McCormick's submission in three places. The first two relate to supplementary evidence, advanced by Mr McCormick, "of Mr Evra's behaviour earlier in the game, and the frame of mind he was in." (para. 328). In their opinion:
      "Mr McCormick relied on this evidence for two distinct purposes. First, as seen above, in relation to Mr Evra's alleged motivation of vengeance, Mr McCormick submitted, if we understood his argument correctly, that Mr Evra was wound up throughout the game and the foul plus the refusal to apologise by Mr Suarez tipped Mr Evra over the edge and he decided to seek vengeance. We rejected that submission. In cross-examination, Mr Marriner said that there was nothing in relation to Mr Evra that caused him concern up until the 63rd minute of the game. Effectively, Mr Marriner was saying that in none of the incidents to which Mr McCormick referred did Mr Evra's behaviour cause the referee any concern. That accords with our assessment of the evidence." (para. 333)
      This then is the first rejection, based on the testimony of Mr Marriner. Let's look at the first of these incidents, the coin toss at the start of the match:
      "Mr Evra was seen to dispute the outcome of the coin toss with the referee. Mr Marriner explained that he used a FIFA coin which is blue on one side and yellow on the other. He asked Mr Evra, as the visiting captain, to call the colour. Mr Marriner tossed the coin, it came down yellow, and he awarded it to Steven Gerrard who elected to stay in their current ends. Manchester United had kick off. Mr Evra remonstrated that he had called correctly but, Mr Marriner said, he had not. Mr Evra then spoke to Ryan Giggs about it, and Mr Marriner walked over to Mr Evra to assure him that he (Mr Marriner) had got it right. Mr Evra's evidence was that when such a coin was used, he always called yellow given that the alternative, blue, is a Manchester City colour, which he would never call. The toss came down yellow and so Mr Evra knew that he had won it. He particularly wanted to change ends at the start, he explained to the referee that he had called yellow, and why he had done so. Mr Evra was angry but the referee did not change his mind." (para. 329)
      In my opinion, to adopt the Commission's approach, we may draw one of two inferences from this event. (1) that Mr Marriner misheard when Mr Evra said the word 'blue' and thought that he had said 'yellow' instead. The two words are, in my view, sufficiently dissimilar that such a mistake, given that he was expecting one of the two choices and not a random word from the entire English lexicon, might cast doubt on the infallibility of his subsequent testimony; (2) that Mr Evra, having called incorrectly, either convinced himself that he had called yellow, or stated falsely that he had done so, because "he particularly wanted to change ends". Either inference would give me pause before rejecting Mr McCormick's submission on the first ground. It does not seem to have troubled the Commission.

      Turning to para. 334, we find that:
      "Mr McCormick's second purpose in showing the evidence of these four incidents was to suggest that Mr Evra reacted outwardly far more to those incidents than he did in the goalmouth when he claimed that Mr Suarez used the word “negro” five times. Had that really been the case, submitted Mr McCormick, we would have seen a stronger reaction from Mr Evra given how he reacted at other times during the match."
      In rejecting this second ground, the Commission begins by stating:
      "Mr Evra said that when the team were preparing for the match in training, the manager told them to be careful not to get sent off in the game. He told us that he was proud of how he reacted to Mr Suarez on the pitch. He knew that he had to stay disciplined." (para. 335)
      Turning again to the evidence advanced by Mr McCormick:
      "The second incident occurred in the 12th minute. Stewart Downing went past Mr Evra on the wing and fell over. The assistant referee told Mr Marriner that Downing had just fallen, and no free kick was awarded. Mr Evra claimed that Downing had dived, and he gestured for a yellow card to be shown to Downing. Mr Marriner agreed in evidence that to call for a caution could, in itself, have been a bookable offence, although he did not caution Mr Evra." (para. 330)
      I would submit that, for a wing-back charged with containing Luis Suarez, running the risk of being awarded a soft yellow card by making this gesture is anything but evidence of a disciplined approach to his task.

      The final rejection comes in para. 336 where the Commission, having dealt with the supplementary evidence, address the submission as a whole:
      "We considered the submission to be unrealistic and we rejected it. It did not accord with our assessment of Mr Evra, as a clear, calm, and consistent witness. We considered it improbable that Mr Evra would act in such a dishonest way in order to damage the reputation of a fellow professional whose footballing skills he admires, with whom he had had no previous run-ins, and who he does not think is a racist."
      I see two problems with this statement. The first, as described above, relates to the way the language used tends to discourage the possibility that one might accept this scenario since it would be simply too monstrous to contemplate, whereas the alternative is couched in terms of a regrettable mistake made by Mr Suarez. The second is that we find the question of probability being conflated with that of inconsistency, even though they are described by the Commission as two separate tests which may be used when resolving factual disputes.

      Anyone who has read either the report, or the coverage of it in the media, can be in no doubt that it was the Commission's sense that the evidence of Mr Suarez was inconsistent which ultimately condemned him. Thus, for the question of which was the more probable account to be judged based on the consistency of the witness renders this second test redundant; having already determined that Mr Evra's account was more consistent, they would have no option but to accept it as more probable as well.

      But since they have chosen to blur the boundary between these two tests, let's consider for a moment the question of inconsistency. The section detailing the various types of inconsistency which the Commission looked for and found covers some 21 pages from para. 238 to para. 321. Of these 84 paragraphs, only 12 (paras. 270 - 281) deal with possible inconsistencies in Mr Evra's account; the remaining 72 are almost exclusively devoted to detailing the inconsistency of Mr Suarez, either on his own account, or when compared with other members of Liverpool FC. My analysis of this section is that the Commission found the following:

      Of Mr Evra
      That he had initially thought Mr Suarez had called him a 'nigger', based on a misunderstanding of the Spanish word 'negro'. The fact that he used the word 'black' when complaining to the referee during the match was due to a dislike for using the more offensive term, and, in the judgement of the Commission, "nothing turns on the fact that Mr Evra may have thought that the word 'negro' as used by Mr Suarez in the match translated as 'nigger'." (para. 273)
      That there was some doubt as to whether Mr Evra's words to the referee during the match were "...that he had been called a black, or that he had again been called a black,". However, the Commission were:
      That there was some inconsistency between the number of times he reported Mr Suarez using the word 'negro' in his evidence (5 times) and when he said in a Canal+ interview that Mr Suarez had used the word "...at least ten times.". However, this can be attributed both to the fact that Mr Evra was angry and upset, and that 'ten times' is a figure of speech in French, and is not meant to be understood literally.
      Of Mr Suarez:
      That he claimed he was attempting to defuse the situation when he "...touched Mr Evra's left arm in a 'pinching type movement'," (para. 247). However, the Commission found that:
      That he overstated the case when he said that: "For the word 'Negro' to be used in an offensive way it would have to be used with another word such as 'negro de mierda'". The Commission found that this was contradicted by the expert testimony, when they said that it would "often be appended with a further insult" (para. 257).
      That in his statement to the Commission, he adopted the use of the word 'conciliatory' with respect to his actions and the use of the term 'negro', in place of the word 'affectionate' which he had used in his initial interview with the FA, and that he did so because the report of the language experts, which he had read in the intervening period, had employed the word 'conciliatory'.
      Further, that:
      That there is a serious discrepancy between what Mr Suarez contends he said to Mr Evra, and what was reported at the time by Mr Comolli and Mr Dalglish to the referee and the fourth official, Mr Dowd. Mr Suarez insists that he only used the phrase '¿Por qué, negro?'. However, in describing the events immediately following the match, the referee's report states that Mr Dalglish said:
      Mr Marriner's report continues:
      Further that a similar discrepancy exists with regard to the testimony of Dirk Kuyt:
      This is problematic for Mr Suarez since the use of the Dutch word 'omdat', meaning 'because', matches the Spanish 'porque' reported by Mr Evra, and not '¿por qué?' ('why?'), which Mr Suarez claims to have used.
      That his account of the incident changed over time in respect of the timing and the context in which he claimed to have used the phrase '¿Por qué, negro?' , i.e. whether it was after the referee spoke to the two players or before, and whether it was in relation to his touching the back of Mr Evra's head, touching Mr Evra's arm, or the initial foul in the 58th minute.

      I will endeavour not to labour the point about the exculpatory language employed with regard to Mr Evra, and the equally condemnatory tone adopted towards Mr Suarez. That, I fear, is an ex-horse. It has ceased to be.

      I would, however take issue with the Commission on two counts: firstly, that some, at least, of what they have to say about Mr Suarez makes little or no sense when subjected to even the most superficial analysis; secondly, as well as questions about what is included in this section, I would argue there are questions about what is excluded.

      In the first instance, we need look no further than the first inconsistency with which Mr Suarez is charged - that he claimed to have been attempting to defuse the situation when he touched Mr Evra's arm in a 'pinching type movement'. For the sceptical reader, I provide fair warning that the following is a word-game, but I would remind you that this particular item is used at various points in the report as a stick with which to beat Mr Suarez, and is indeed one of the complaints which makes the cut to appear in the final summary. I would contend, therefore, that it is worthy of some scrutiny. To begin with, let's look at how this is described at various places within the report:
      "Having said in his witness statement that he was trying to defuse the situation when he touched Mr Evra's left arm in a 'pinching type movement', Mr Suarez eventually answered, after persistent questioning, that he was not trying to calm down the situation by doing so." (para. 247)
      "It was plain to us that Mr Suarez's pinching of Mr Evra's arm was not an attempt to defuse the situation. It could not conceivably be described in that way." (para. 248)
      "What concerned us also was that Mr Suarez should have made what we considered to be such an unarguable assertion in his witness statement, ie that the pinching was an attempt to defuse the situation when it plainly was not." (para. 249)
      "We did not accept that that was a satisfactory explanation for Mr Suarez's plainly incorrect assertion that the pinching was an attempt to defuse the situation." (para. 251)
      "Mr Suarez's pinching of Mr Evra's skin was not an attempt to defuse the situation. On the contrary, it was an attempt to aggravate Mr Evra and to inflame the situation." (para.356)
      "His evidence was inconsistent with contemporaneous evidence in the form of video footage, especially with regard to his claims of pinching as an attempt to defuse the situation," (para. 379)
      "Mr Suarez's evidence was unreliable in relation to matters of critical importance. It was, in part, inconsistent with the contemporaneous evidence, especially the video footage. For example, Mr Suarez said that he pinched Mr Evra's skin in an attempt to defuse the situation." (para. 453 (5))
      If we look now at the actual text of Mr Suarez's statement we find he said:
      "Evra did not back off and Dirk Kuyt was approaching us to stand between us. At this point I touched PE's left arm in a pinching type movement. This all happened very quickly. I was trying to defuse the situation and was trying to intimate to Evra that he was not untouchable by reference to his question about the foul." (para. 96)
      I cannot reconcile the statement as written with the Commission's increasingly shrill insistence that Mr Suarez claimed "...that the pinching was an attempt to defuse the situation". It is perfectly clear, apart from an elliptical subject reference, that Mr Suarez made three separate statements:

      This all happened very quickly.
      I was trying to defuse the situation.
      I was trying to intimate to Evra that he was not untouchable by reference to his question about the foul.

      The motivation for pinching Mr Evra's arm, as plainly stated by Mr Suarez, was to indicate that he (Mr Evra) was not untouchable, that the foul was a regular challenge, nothing more. That this might happen in the context of trying to defuse the situation is not inconceivable, unarguable, or incorrect. I am clearly not suggesting that it was successful, nor even that it was sensible or particularly helpful. However, in spite of some fairly blustery language about his hostility and his intention to aggravate and inflame, the Commission does not directly censure him for pinching Mr Evra. Indeed this is the one part of the FA's case which they reject (para. 384). While they may abhor the action, the only aspect of it which they use in their finding of facts is that he made a false claim in his witness statement. Unfortunately, that is manifestly not true.

      Although there are certainly aspects of Mr Suarez's testimony which are troubling, there are other parts of the Commission's reasoning which could be challenged, particularly in relation to the evidence of what Mr Marriner reported Mr Dowd had written concerning what Mr Comolli had said Mr Suarez had told him. I will happily write at greater length if requested, but I fear I have already overstretched your patience with what is, after all, an unsolicited diatribe.

      Moving on to the question of omissions, I am not (you may be glad to hear) referring to the ominous but non-specific rumblings about 'what is not in the report' which have surfaced over the past week. Rather, I would ask whether, on the evidence of the report alone, the question of the consistency and credibility of the two parties has been dealt with in a fair and sound manner.

      In the case of Mr Suarez, the inconsistency between his initial evidence and that of Mr Comolli and Mr Kuyt receives a great deal of attention. I do not agree with everything which is stated; the arguments over the use of 'tu' or 'vos', for example have been rehearsed elsewhere and need not be repeated here (although the linguistic ineptitude of the report in asserting that 'tu es' and 'tu eres' are synonymous has not been castigated nearly enough in my opinion). Nonetheless, whether one believes Mr Suarez or not, there are clear discrepancies and the Commission is right to point them out. However, in the interests of fairness and balanced judgement, if there were any inconsistencies between Mr Evra's statement and those of other witnesses, would it not also be right to include them in this section of the report - even if it were simply in order to dismiss them as 'minor inconsistencies' and 'not of any material significance'?

      At this point, I think it would be helpful to include, verbatim, paragraph 125 of the report, which occurs in the sub-section entitled 'Mr Evra's comments to his team-mates', in section IV of the report, 'The Background Facts':
      "Mr Evra said in evidence that some of the other players could see that he was upset and asked him what was wrong. He said that Mr Suarez had called him a nigger and said that he had kicked him because of that. Mr Evra said that he told the other players that Mr Suarez had said 'porque tu eres negro'. We note that Mr Evra did not say in his own evidence that he had told his team-mates that Mr Suarez had said he would not speak to him because he was black. However, we accept that Mr Evra did say this to his teammates after the match because that is what all four of them say in their statements and their evidence has been accepted in full by Mr Suarez. It is possible that Mr Evra also told them that Mr Suarez had said he had kicked him 'porque tu eres negro', and this was not recalled by the players."
      Call me a silly old thing, but it seems odd to me that the differences between Mr Evra's evidence and that of Valencia, Hernandez, Nani and Anderson should not only be dismissed so casually in this section of the report, but then not be so much as mentioned once in the 84 paragraphs dealing with inconsistency.


      So far, I have only covered the first of the two major flaws which I said I would address at the beginning of this letter. Fortunately for all concerned, the second can be explained far less verbosely, though I believe it poses a more significant problem for the credibility of the judgement. Those who have read the report will recall that the issues before the Commission are set out in paragraph 31, as follows:
      "In accordance with the Chairman's direction, the parties agreed that the following were, simply stated, the issues which the Commission was required to address:
          31.1. On the balance of probabilities, is the account of Mr Evra true and reliable?
          31.2. If it is:
              (a) does that mean that Mr Suarez used abusive and/or insulting words and/or behaviour towards Mr Evra in breach of Rule E3(1); and
              (b) if it does, did the abusive and/or insulting words and/or behaviour of Mr Suarez include a reference to the ethnic origin and/or colour and/or race of Mr Evra within the meaning of Rule E3(2).
          31.3. If it is not:
              (a) on the account of Mr Suarez, did he use abusive and/or insulting words and/or behaviour towards Mr Evra, in breach of Rule E3(1); and
              (b) if he did, did the abusive and/or insulting words and/or behaviour of Mr Suarez include a reference to the ethnic origin and/or colour and/or race of Mr Evra within the meaning of Rule E3(2)."

      This seems to me a fair description of the aims of the Commission, in light of the charges brought by the FA and the divergence of the accounts given by the two parties. I would also suggest that the use of the words "If it is not" to introduce section 31.3 is of particular significance. More word-games? Well, no. I would argue that the phrase itself may be significant, since those are the words the Commission chose in defining the issues, but whatever form of words they adopted, the nature of the question is clearly determined both here and elsewhere in the report as an attempt to determine which of the two differing accounts is true and reliable. For example at the end of para. 89:
      "Mr Suarez agrees that, at this point, Mr Evra asked him why he had kicked him, referring to the earlier foul. That is largely the end of the agreement between them as to what was said in the goalmouth."
      Mr Suarez contends that he used the word 'negro' once and once only. Mr Evra asserts that Mr Suarez used the word five times. It might not be unreasonable, then, to expect that the Commission, in deciding which account was true and reliable, should judge that the word had been used either once, or five times. The number that they chose in the end - seven - seems not only to have been plucked from the ether, but also to be a direct contradiction of their stated aims. Having spent 345 paragraphs establishing that Mr Evra is a consistent and reliable witness, and Mr Suarez quite the opposite, they proceed to find as follows:
      "As they walked away from the referee for this second time, Mr Evra probably said to Mr Suarez again in English 'Don't touch me' or words to that effect, and Mr Suarez said 'por que, negro?', meaning "why, black". (para. 359)
      i.e. that Mr Suarez's account is largely accurate, apart from the alleged reference to his being South American which they categorically discount.
      "The video evidence clearly showed Mr Evra reacting to a comment made by Mr Suarez when the referee blew his whistle to stop the corner being taken. This reaction was shown in Mr Evra's face, his walking towards the referee and pointing back at Mr Suarez. Mr Evra then said 'ref, ref, he just called me a F***ing black'. We found that Mr Suarez probably did use the word 'negro' to Mr Evra on this occasion also, although it is not clear what else he said." (para. 365)
      Having thus established that the account given by Mr Suarez is probably mostly accurate in the first instance, and that the account of neither party is accurate in the second instance, they proceed in a feat of dazzling acrobatic bravado to leap, effortlessly, to the conclusion that:

      "In all the circumstances, we preferred the evidence of Mr Evra. His account was clear and consistent in all material respects. There is no basis for saying that he lied or was mistaken in what he heard. We found that Mr Evra's account is probably what happened. The conversation was all in Spanish. The words which follow (below) were either Mr Evra's exact words or close approximations to them. Mr Evra said to Mr Suarez 'Concha de tu hermana, porque me diste un golpe?', meaning 'F***ing hell, why did you kick me?'. Mr Suarez replied 'Porque tu eres negro', meaning 'Because you're black'. Mr Evra then said 'Habla otra vez asi, te voy a dar una porrada', which means 'Say it to me again, I'm going to kick you'. Mr Suarez responded 'No hablo con los negros', meaning 'I don't speak to blacks'. Mr Evra then said 'Ahora te voy a dar realmente una porrada', meaning 'Okay, now I think I'm going to punch you'. Mr Suarez responded 'Dale, negro, negro, negro', meaning 'Okay, blackie, blackie, blackie.' This meant that Mr Suarez used the word 'negro' five times in the goalmouth." (para. 382)

      There is more, of course, that I could say on this subject, but that, I think, will do for now. All that remains is for me to express my utter bewilderment at the seemingly unanimous response of the fourth estate who have praised the Commission for its rigour and good judgement. There were times, in fact, that I thought I may have inadvertently downloaded an earlier, incorrect draft of the report. Nonetheless, barring some very strange coincidence, the page-count quoted in so many articles leads me to the inescapable conclusion that we have actually been reading the same text.

      What troubles me most about the media response, is not simply that the findings have been allowed to pass unchallenged. I appreciate that the issue of racism is incredibly sensitive, and that any criticism of the Commission or the report may be seen to condone or, at least, excuse racism in football. I do not believe that. I believe racism to be abhorrent in any sphere of life, and I wholeheartedly support the campaign to kick racism out of football. In fact, I wouldn't object if someone stamped on its fingers a few times as it was being shown the door; or possibly broke its kneecaps. But you don't defeat a pernicious evil with flawed justice, and the piety of the press, the games of 'broken telephone' which further distort an already confused and confusing issue, the ad hominem attacks on key figures within Liverpool FC, serve only to exacerbate the already entrenched antipathy between footballing tribes.

      Yours faithfully,

      (Jim, Manchester United Supporter for 30 years)

      http://thetroublewithfootball.blogspot.com/2012/01/commissions-new-clothes.html
      ayrton77
      • Forum Legend - Paisley
      • *****

      • 13,775 posts | 627 
      • © Established Quality Since 1977
      Re: Liverpool won't appeal Suarez ban
      Reply #574: Jan 19, 2012 08:00:21 pm
      [noae]
      Pretty damn good piece of detective work by a Manc, long read but honestly pretty fair to the whole situation.

      Wednesday, 18 January 2012
      The Commission's New Clothes
      Dear Sir,

      I write to express my exasperation and dismay, principally with the FA Commission's written reasons for their judgement in the matter of Luis Suarez and Patrice Evra, but also with the manner in which it has been covered by the media. While I do not consider The Independent to be the most culpable in this respect, it is the newspaper with which I most strongly identify, and therefore, regrettably for you, also the natural outlet for me to vent my frustration.

      I do not expect this letter to be published: not, I hasten to add, because I am harbouring any fears of conspiracy and suppression; rather, I believe that my letter is both ill-timed and over-long. Nonetheless, I hope to gain some catharsis from the process and beg your indulgence and pardon for the inconvenience.

      Like The Independent blogger, Musa Okongwa, I am a long-standing Manchester United fan, and like him, I felt that objectivity would be best served by reserving judgement until the written report had been published. However, the conclusions we each drew from that report could not be more different.

      I read the full text on Sunday 2nd January, and did so with a growing sense of indignation at what I perceived to be a wholly partial, and thoroughly flawed judgement. When I turned to the media on Monday 3rd, I fully expected the report to be excoriated; to be greeted with howls of derision and minutely dissected to reveal that, for all its heft, its arguments are as substantial as air. You may imagine, then, that I was a little surprised to find nothing but praise for "The commission's commendably exhaustive work..." (Ian Herbert, Mon. 2nd Jan.). Not one dissenting voice to mention that the Commission's unmentionables were dangling obscenely in plain view.

      It is my view that the Commission relied on a slightly different sense of the word exhaust to ensure that few, if any, would have the stamina to refute their findings. I note that while they do provide a summary, this is suspended until the end of the report and does not, in my opinion, accurately summarise their findings. "Whether" (to co-opt one of their own phrases) "this was due to language difficulties or evasiveness was not entirely clear..." (para. 237). Any attempt to provide a thorough rebuttal of every flawed statement in the report would be wearisome to read and risks trying the patience of my audience. Therefore, I will confine myself to a detailed discussion of what I consider to be two of the most egregious errors in the Commission's findings, including along the way a selection of highlights from the report - sufficient, I hope, to cast doubt on James Lawton's claim that "The independent panel ... was never likely to expose itself to the charge of a serious miscarriage of justice." (Mon. 2nd Jan.).

      The first of these two fatal flaws is the way that the Commission handled the question of probability (paras. 322-345). The second, and in my view more damaging, is the conclusion they reach on the sequence of events and the number of times which Mr Suarez used the word 'negro'.

      In the first case, the Commission set out to establish whether it is more probable that Mr Evra would deliberately and maliciously invent an allegation of racial abuse which, if it were upheld "...would be extremely damaging to Mr Suarez, a fellow professional." (para. 327), or that Mr Suarez might, without being racist per se, give in to that "unattractive trait of human nature..." to "...do and say things that we are not proud of and regret, and that we might try and deny, sometimes even to ourselves." (para. 344).

      In this, as with so much else in the report, the linguistic bias is inherent and obvious. The choice we are offered is not an even one. We may either accept the word of Mr Suarez, and thereby demonise Mr Evra and accept all of the unpleasant ramifications of that action, or accept the word of Mr Evra, all the while understanding that Mr Suarez acted foolishly and uncharacteristically in the heat of the moment. (Compare also the descriptions of the two parties in paragraphs 229-237. Mr Evra is given six paragraphs, starting with:
      "Mr Evra has played for Manchester United and France for a number of years. He has captained both. He speaks a number of languages including Senegalese, French, Spanish, Italian and some Portuguese. He gave his evidence to us in English." (para. 229).
      In contrast, Mr Suarez gets only three paragraphs, and we are introduced to him thus:
      "Mr Suarez speaks little English. There were occasions during the hearing when he clearly understood a question in English because he gave a response in a few words of English or by a nod of the head. But these were few and far between." (para. 235)
      There is no mention of his representing his country, nor of captaining Ajax. All we learn of his language skills is that they render him effectively mute in an English tribunal. That is, of course until para. 296 when it becomes necessary for the FA case to concede that "Mr Kuyt said that Mr Suarez speaks Dutch very well and so they always speak to each other in Dutch.")

      All this, however, is more of an aside, and I am anxious to avoid the charge that I am simply playing word-games; nibbling at the edges of an otherwise sound judgement. What troubles me more is the Commission's bland rejection of Mr McCormick's submission that Mr Evra, already angry and "in shock", seized upon the one confessed use of the word 'negro' by Mr Suarez, and built, thereon, a fictitious but far more damning exchange.

      The question of probability, in the opinion of the Commission, turns on the alleged use of the phrase 'No hablo con los negros' by Mr Suarez, and is reduced to a choice of inferences which they feel may be drawn from the "accepted fact that Mr Evra reported these comments to those individuals straight after the game." (para. 324). Those individuals being the referee, Mr Marriner, and four of Mr Evra's team-mates. The possible inferences offered to Mr McCormick (acting for Liverpool and Mr Suarez) are:
      "(1) that Mr Evra was telling the truth and Mr Suarez had made this comment during the game; (2) that Mr Evra made it up, in which case one would have to ask why he had made it up, and how he had done so as soon as the game had finished; (3) that Mr Evra had misheard or misunderstood something that Mr Suarez said, in which case one would have to ask what Mr Suarez had said and how Mr Evra had misheard or misunderstood it; (4) that there was some other reasonable inference that we should draw, which was not immediately apparent to us." (para. 325)
      Not surprisingly, Mr McCormick chose option (2), although I would contend that he might have been better served by availing himself of option (4), since by separating options (2) that Mr Evra made it up, and (3) that Mr Evra misheard or misunderstood something that Mr Suarez said, I believe that the Commission is once again endeavouring to polarise the debate: you may decide that Mr Evra invented a lie with no provocation, or you may decide that Mr Evra misheard an entirely different comment; you may not decide that Mr Evra heard the word 'negro' and became sufficiently incensed to embellish the tale of its use.

      It is worth noting at this point, the Commission's curious understanding of the passage of time. Much effort is spent in the course of the report to establish that, once the Liverpool management had been apprised of the allegations, they were well aware of the gravity of the situation and that, for example:
      "It would be surprising if, in asking Mr Suarez about a serious allegation and wanting to take care how the matter was dealt with, Mr Comolli did not carefully note the exact Spanish words that Mr Suarez used." (para. 295)
      The fact that they were responding to as yet unspecified allegations, and doing so in a very brief space of time, in at least two different languages (three if one includes Mr Dalglish's sometimes impenetrable accent), does not appear to worry the Commission at all.

      If they could be said to have expanded the time available to Mr Comolli et al., then it might appear that in Mr Evra's case, they were looking through the wrong end of the telescope, since they suggest that any false allegation would have to have been invented "as soon as the game had finished.". I would suggest that a more probable scenario might be that Mr Evra, who at the time believed the word 'negro' to mean something far more offensive than it actually does, may have spent the remaining half-hour of the match turning over the exchange in his mind, allowing it to fester until by the time he left the field "Hernandez saw that Mr Evra was angry and upset." (para. 122) and "Anderson said that Mr Evra was really angry in the dressing room." (para. 124). In fairness to the Commission, they do seem to have been aware of the absurdity of the statement in para. 325 above, so that by the time we reach para. 327, the language has changed to:
      "At some point before entering the dressing room about 30 minutes later, during which time two goals were scored, Mr Evra invented the allegation that Mr Suarez had said 'I don't speak to blacks'."
      Yet there still seems to be an implication that a football match, particularly one in which goals are scored, absorbs the mental faculties of a player to the extent that he cannot think about anything else, such as grievances he may feel. This is apparently true even of a player who by his own evidence was still in shock fully five minutes after a fairly routine tackle and felt the need to remonstrate with his assailant.

      The Commission rejects Mr McCormick's submission in three places. The first two relate to supplementary evidence, advanced by Mr McCormick, "of Mr Evra's behaviour earlier in the game, and the frame of mind he was in." (para. 328). In their opinion:
      "Mr McCormick relied on this evidence for two distinct purposes. First, as seen above, in relation to Mr Evra's alleged motivation of vengeance, Mr McCormick submitted, if we understood his argument correctly, that Mr Evra was wound up throughout the game and the foul plus the refusal to apologise by Mr Suarez tipped Mr Evra over the edge and he decided to seek vengeance. We rejected that submission. In cross-examination, Mr Marriner said that there was nothing in relation to Mr Evra that caused him concern up until the 63rd minute of the game. Effectively, Mr Marriner was saying that in none of the incidents to which Mr McCormick referred did Mr Evra's behaviour cause the referee any concern. That accords with our assessment of the evidence." (para. 333)
      This then is the first rejection, based on the testimony of Mr Marriner. Let's look at the first of these incidents, the coin toss at the start of the match:
      "Mr Evra was seen to dispute the outcome of the coin toss with the referee. Mr Marriner explained that he used a FIFA coin which is blue on one side and yellow on the other. He asked Mr Evra, as the visiting captain, to call the colour. Mr Marriner tossed the coin, it came down yellow, and he awarded it to Steven Gerrard who elected to stay in their current ends. Manchester United had kick off. Mr Evra remonstrated that he had called correctly but, Mr Marriner said, he had not. Mr Evra then spoke to Ryan Giggs about it, and Mr Marriner walked over to Mr Evra to assure him that he (Mr Marriner) had got it right. Mr Evra's evidence was that when such a coin was used, he always called yellow given that the alternative, blue, is a Manchester City colour, which he would never call. The toss came down yellow and so Mr Evra knew that he had won it. He particularly wanted to change ends at the start, he explained to the referee that he had called yellow, and why he had done so. Mr Evra was angry but the referee did not change his mind." (para. 329)
      In my opinion, to adopt the Commission's approach, we may draw one of two inferences from this event. (1) that Mr Marriner misheard when Mr Evra said the word 'blue' and thought that he had said 'yellow' instead. The two words are, in my view, sufficiently dissimilar that such a mistake, given that he was expecting one of the two choices and not a random word from the entire English lexicon, might cast doubt on the infallibility of his subsequent testimony; (2) that Mr Evra, having called incorrectly, either convinced himself that he had called yellow, or stated falsely that he had done so, because "he particularly wanted to change ends". Either inference would give me pause before rejecting Mr McCormick's submission on the first ground. It does not seem to have troubled the Commission.

      Turning to para. 334, we find that:
      "Mr McCormick's second purpose in showing the evidence of these four incidents was to suggest that Mr Evra reacted outwardly far more to those incidents than he did in the goalmouth when he claimed that Mr Suarez used the word “negro” five times. Had that really been the case, submitted Mr McCormick, we would have seen a stronger reaction from Mr Evra given how he reacted at other times during the match."
      In rejecting this second ground, the Commission begins by stating:
      "Mr Evra said that when the team were preparing for the match in training, the manager told them to be careful not to get sent off in the game. He told us that he was proud of how he reacted to Mr Suarez on the pitch. He knew that he had to stay disciplined." (para. 335)
      Turning again to the evidence advanced by Mr McCormick:
      "The second incident occurred in the 12th minute. Stewart Downing went past Mr Evra on the wing and fell over. The assistant referee told Mr Marriner that Downing had just fallen, and no free kick was awarded. Mr Evra claimed that Downing had dived, and he gestured for a yellow card to be shown to Downing. Mr Marriner agreed in evidence that to call for a caution could, in itself, have been a bookable offence, although he did not caution Mr Evra." (para. 330)
      I would submit that, for a wing-back charged with containing Luis Suarez, running the risk of being awarded a soft yellow card by making this gesture is anything but evidence of a disciplined approach to his task.

      The final rejection comes in para. 336 where the Commission, having dealt with the supplementary evidence, address the submission as a whole:
      "We considered the submission to be unrealistic and we rejected it. It did not accord with our assessment of Mr Evra, as a clear, calm, and consistent witness. We considered it improbable that Mr Evra would act in such a dishonest way in order to damage the reputation of a fellow professional whose footballing skills he admires, with whom he had had no previous run-ins, and who he does not think is a racist."
      I see two problems with this statement. The first, as described above, relates to the way the language used tends to discourage the possibility that one might accept this scenario since it would be simply too monstrous to contemplate, whereas the alternative is couched in terms of a regrettable mistake made by Mr Suarez. The second is that we find the question of probability being conflated with that of inconsistency, even though they are described by the Commission as two separate tests which may be used when resolving factual disputes.

      Anyone who has read either the report, or the coverage of it in the media, can be in no doubt that it was the Commission's sense that the evidence of Mr Suarez was inconsistent which ultimately condemned him. Thus, for the question of which was the more probable account to be judged based on the consistency of the witness renders this second test redundant; having already determined that Mr Evra's account was more consistent, they would have no option but to accept it as more probable as well.

      But since they have chosen to blur the boundary between these two tests, let's consider for a moment the question of inconsistency. The section detailing the various types of inconsistency which the Commission looked for and found covers some 21 pages from para. 238 to para. 321. Of these 84 paragraphs, only 12 (paras. 270 - 281) deal with possible inconsistencies in Mr Evra's account; the remaining 72 are almost exclusively devoted to detailing the inconsistency of Mr Suarez, either on his own account, or when compared with other members of Liverpool FC. My analysis of this section is that the Commission found the following:

      Of Mr Evra
      That he had initially thought Mr Suarez had called him a 'nigger', based on a misunderstanding of the Spanish word 'negro'. The fact that he used the word 'black' when complaining to the referee during the match was due to a dislike for using the more offensive term, and, in the judgement of the Commission, "nothing turns on the fact that Mr Evra may have thought that the word 'negro' as used by Mr Suarez in the match translated as 'nigger'." (para. 273)
      That there was some doubt as to whether Mr Evra's words to the referee during the match were "...that he had been called a black, or that he had again been called a black,". However, the Commission were:
      That there was some inconsistency between the number of times he reported Mr Suarez using the word 'negro' in his evidence (5 times) and when he said in a Canal+ interview that Mr Suarez had used the word "...at least ten times.". However, this can be attributed both to the fact that Mr Evra was angry and upset, and that 'ten times' is a figure of speech in French, and is not meant to be understood literally.
      Of Mr Suarez:
      That he claimed he was attempting to defuse the situation when he "...touched Mr Evra's left arm in a 'pinching type movement'," (para. 247). However, the Commission found that:
      That he overstated the case when he said that: "For the word 'Negro' to be used in an offensive way it would have to be used with another word such as 'negro de mierda'". The Commission found that this was contradicted by the expert testimony, when they said that it would "often be appended with a further insult" (para. 257).
      That in his statement to the Commission, he adopted the use of the word 'conciliatory' with respect to his actions and the use of the term 'negro', in place of the word 'affectionate' which he had used in his initial interview with the FA, and that he did so because the report of the language experts, which he had read in the intervening period, had employed the word 'conciliatory'.
      Further, that:
      That there is a serious discrepancy between what Mr Suarez contends he said to Mr Evra, and what was reported at the time by Mr Comolli and Mr Dalglish to the referee and the fourth official, Mr Dowd. Mr Suarez insists that he only used the phrase '¿Por qué, negro?'. However, in describing the events immediately following the match, the referee's report states that Mr Dalglish said:
      Mr Marriner's report continues:
      Further that a similar discrepancy exists with regard to the testimony of Dirk Kuyt:
      This is problematic for Mr Suarez since the use of the Dutch word 'omdat', meaning 'because', matches the Spanish 'porque' reported by Mr Evra, and not '¿por qué?' ('why?'), which Mr Suarez claims to have used.
      That his account of the incident changed over time in respect of the timing and the context in which he claimed to have used the phrase '¿Por qué, negro?' , i.e. whether it was after the referee spoke to the two players or before, and whether it was in relation to his touching the back of Mr Evra's head, touching Mr Evra's arm, or the initial foul in the 58th minute.

      I will endeavour not to labour the point about the exculpatory language employed with regard to Mr Evra, and the equally condemnatory tone adopted towards Mr Suarez. That, I fear, is an ex-horse. It has ceased to be.

      I would, however take issue with the Commission on two counts: firstly, that some, at least, of what they have to say about Mr Suarez makes little or no sense when subjected to even the most superficial analysis; secondly, as well as questions about what is included in this section, I would argue there are questions about what is excluded.

      In the first instance, we need look no further than the first inconsistency with which Mr Suarez is charged - that he claimed to have been attempting to defuse the situation when he touched Mr Evra's arm in a 'pinching type movement'. For the sceptical reader, I provide fair warning that the following is a word-game, but I would remind you that this particular item is used at various points in the report as a stick with which to beat Mr Suarez, and is indeed one of the complaints which makes the cut to appear in the final summary. I would contend, therefore, that it is worthy of some scrutiny. To begin with, let's look at how this is described at various places within the report:
      "Having said in his witness statement that he was trying to defuse the situation when he touched Mr Evra's left arm in a 'pinching type movement', Mr Suarez eventually answered, after persistent questioning, that he was not trying to calm down the situation by doing so." (para. 247)
      "It was plain to us that Mr Suarez's pinching of Mr Evra's arm was not an attempt to defuse the situation. It could not conceivably be described in that way." (para. 248)
      "What concerned us also was that Mr Suarez should have made what we considered to be such an unarguable assertion in his witness statement, ie that the pinching was an attempt to defuse the situation when it plainly was not." (para. 249)
      "We did not accept that that was a satisfactory explanation for Mr Suarez's plainly incorrect assertion that the pinching was an attempt to defuse the situation." (para. 251)
      "Mr Suarez's pinching of Mr Evra's skin was not an attempt to defuse the situation. On the contrary, it was an attempt to aggravate Mr Evra and to inflame the situation." (para.356)
      "His evidence was inconsistent with contemporaneous evidence in the form of video footage, especially with regard to his claims of pinching as an attempt to defuse the situation," (para. 379)
      "Mr Suarez's evidence was unreliable in relation to matters of critical importance. It was, in part, inconsistent with the contemporaneous evidence, especially the video footage. For example, Mr Suarez said that he pinched Mr Evra's skin in an attempt to defuse the situation." (para. 453 (5))
      If we look now at the actual text of Mr Suarez's statement we find he said:
      "Evra did not back off and Dirk Kuyt was approaching us to stand between us. At this point I touched PE's left arm in a pinching type movement. This all happened very quickly. I was trying to defuse the situation and was trying to intimate to Evra that he was not untouchable by reference to his question about the foul." (para. 96)
      I cannot reconcile the statement as written with the Commission's increasingly shrill insistence that Mr Suarez claimed "...that the pinching was an attempt to defuse the situation". It is perfectly clear, apart from an elliptical subject reference, that Mr Suarez made three separate statements:

      This all happened very quickly.
      I was trying to defuse the situation.
      I was trying to intimate to Evra that he was not untouchable by reference to his question about the foul.

      The motivation for pinching Mr Evra's arm, as plainly stated by Mr Suarez, was to indicate that he (Mr Evra) was not untouchable, that the foul was a regular challenge, nothing more. That this might happen in the context of trying to defuse the situation is not inconceivable, unarguable, or incorrect. I am clearly not suggesting that it was successful, nor even that it was sensible or particularly helpful. However, in spite of some fairly blustery language about his hostility and his intention to aggravate and inflame, the Commission does not directly censure him for pinching Mr Evra. Indeed this is the one part of the FA's case which they reject (para. 384). While they may abhor the action, the only aspect of it which they use in their finding of facts is that he made a false claim in his witness statement. Unfortunately, that is manifestly not true.

      Although there are certainly aspects of Mr Suarez's testimony which are troubling, there are other parts of the Commission's reasoning which could be challenged, particularly in relation to the evidence of what Mr Marriner reported Mr Dowd had written concerning what Mr Comolli had said Mr Suarez had told him. I will happily write at greater length if requested, but I fear I have already overstretched your patience with what is, after all, an unsolicited diatribe.

      Moving on to the question of omissions, I am not (you may be glad to hear) referring to the ominous but non-specific rumblings about 'what is not in the report' which have surfaced over the past week. Rather, I would ask whether, on the evidence of the report alone, the question of the consistency and credibility of the two parties has been dealt with in a fair and sound manner.

      In the case of Mr Suarez, the inconsistency between his initial evidence and that of Mr Comolli and Mr Kuyt receives a great deal of attention. I do not agree with everything which is stated; the arguments over the use of 'tu' or 'vos', for example have been rehearsed elsewhere and need not be repeated here (although the linguistic ineptitude of the report in asserting that 'tu es' and 'tu eres' are synonymous has not been castigated nearly enough in my opinion). Nonetheless, whether one believes Mr Suarez or not, there are clear discrepancies and the Commission is right to point them out. However, in the interests of fairness and balanced judgement, if there were any inconsistencies between Mr Evra's statement and those of other witnesses, would it not also be right to include them in this section of the report - even if it were simply in order to dismiss them as 'minor inconsistencies' and 'not of any material significance'?

      At this point, I think it would be helpful to include, verbatim, paragraph 125 of the report, which occurs in the sub-section entitled 'Mr Evra's comments to his team-mates', in section IV of the report, 'The Background Facts':
      "Mr Evra said in evidence that some of the other players could see that he was upset and asked him what was wrong. He said that Mr Suarez had called him a nigger and said that he had kicked him because of that. Mr Evra said that he told the other players that Mr Suarez had said 'porque tu eres negro'. We note that Mr Evra did not say in his own evidence that he had told his team-mates that Mr Suarez had said he would not speak to him because he was black. However, we accept that Mr Evra did say this to his teammates after the match because that is what all four of them say in their statements and their evidence has been accepted in full by Mr Suarez. It is possible that Mr Evra also told them that Mr Suarez had said he had kicked him 'porque tu eres negro', and this was not recalled by the players."
      Call me a silly old thing, but it seems odd to me that the differences between Mr Evra's evidence and that of Valencia, Hernandez, Nani and Anderson should not only be dismissed so casually in this section of the report, but then not be so much as mentioned once in the 84 paragraphs dealing with inconsistency.


      So far, I have only covered the first of the two major flaws which I said I would address at the beginning of this letter. Fortunately for all concerned, the second can be explained far less verbosely, though I believe it poses a more significant problem for the credibility of the judgement. Those who have read the report will recall that the issues before the Commission are set out in paragraph 31, as follows:
      "In accordance with the Chairman's direction, the parties agreed that the following were, simply stated, the issues which the Commission was required to address:
          31.1. On the balance of probabilities, is the account of Mr Evra true and reliable?
          31.2. If it is:
              (a) does that mean that Mr Suarez used abusive and/or insulting words and/or behaviour towards Mr Evra in breach of Rule E3(1); and
              (b) if it does, did the abusive and/or insulting words and/or behaviour of Mr Suarez include a reference to the ethnic origin and/or colour and/or race of Mr Evra within the meaning of Rule E3(2).
          31.3. If it is not:
              (a) on the account of Mr Suarez, did he use abusive and/or insulting words and/or behaviour towards Mr Evra, in breach of Rule E3(1); and
              (b) if he did, did the abusive and/or insulting words and/or behaviour of Mr Suarez include a reference to the ethnic origin and/or colour and/or race of Mr Evra within the meaning of Rule E3(2)."

      This seems to me a fair description of the aims of the Commission, in light of the charges brought by the FA and the divergence of the accounts given by the two parties. I would also suggest that the use of the words "If it is not" to introduce section 31.3 is of particular significance. More word-games? Well, no. I would argue that the phrase itself may be significant, since those are the words the Commission chose in defining the issues, but whatever form of words they adopted, the nature of the question is clearly determined both here and elsewhere in the report as an attempt to determine which of the two differing accounts is true and reliable. For example at the end of para. 89:
      "Mr Suarez agrees that, at this point, Mr Evra asked him why he had kicked him, referring to the earlier foul. That is largely the end of the agreement between them as to what was said in the goalmouth."
      Mr Suarez contends that he used the word 'negro' once and once only. Mr Evra asserts that Mr Suarez used the word five times. It might not be unreasonable, then, to expect that the Commission, in deciding which account was true and reliable, should judge that the word had been used either once, or five times. The number that they chose in the end - seven - seems not only to have been plucked from the ether, but also to be a direct contradiction of their stated aims. Having spent 345 paragraphs establishing that Mr Evra is a consistent and reliable witness, and Mr Suarez quite the opposite, they proceed to find as follows:
      "As they walked away from the referee for this second time, Mr Evra probably said to Mr Suarez again in English 'Don't touch me' or words to that effect, and Mr Suarez said 'por que, negro?', meaning "why, black". (para. 359)
      i.e. that Mr Suarez's account is largely accurate, apart from the alleged reference to his being South American which they categorically discount.
      "The video evidence clearly showed Mr Evra reacting to a comment made by Mr Suarez when the referee blew his whistle to stop the corner being taken. This reaction was shown in Mr Evra's face, his walking towards the referee and pointing back at Mr Suarez. Mr Evra then said 'ref, ref, he just called me a F***ing black'. We found that Mr Suarez probably did use the word 'negro' to Mr Evra on this occasion also, although it is not clear what else he said." (para. 365)
      Having thus established that the account given by Mr Suarez is probably mostly accurate in the first instance, and that the account of neither party is accurate in the second instance, they proceed in a feat of dazzling acrobatic bravado to leap, effortlessly, to the conclusion that:

      "In all the circumstances, we preferred the evidence of Mr Evra. His account was clear and consistent in all material respects. There is no basis for saying that he lied or was mistaken in what he heard. We found that Mr Evra's account is probably what happened. The conversation was all in Spanish. The words which follow (below) were either Mr Evra's exact words or close approximations to them. Mr Evra said to Mr Suarez 'Concha de tu hermana, porque me diste un golpe?', meaning 'F***ing hell, why did you kick me?'. Mr Suarez replied 'Porque tu eres negro', meaning 'Because you're black'. Mr Evra then said 'Habla otra vez asi, te voy a dar una porrada', which means 'Say it to me again, I'm going to kick you'. Mr Suarez responded 'No hablo con los negros', meaning 'I don't speak to blacks'. Mr Evra then said 'Ahora te voy a dar realmente una porrada', meaning 'Okay, now I think I'm going to punch you'. Mr Suarez responded 'Dale, negro, negro, negro', meaning 'Okay, blackie, blackie, blackie.' This meant that Mr Suarez used the word 'negro' five times in the goalmouth." (para. 382)

      There is more, of course, that I could say on this subject, but that, I think, will do for now. All that remains is for me to express my utter bewilderment at the seemingly unanimous response of the fourth estate who have praised the Commission for its rigour and good judgement. There were times, in fact, that I thought I may have inadvertently downloaded an earlier, incorrect draft of the report. Nonetheless, barring some very strange coincidence, the page-count quoted in so many articles leads me to the inescapable conclusion that we have actually been reading the same text.

      What troubles me most about the media response, is not simply that the findings have been allowed to pass unchallenged. I appreciate that the issue of racism is incredibly sensitive, and that any criticism of the Commission or the report may be seen to condone or, at least, excuse racism in football. I do not believe that. I believe racism to be abhorrent in any sphere of life, and I wholeheartedly support the campaign to kick racism out of football. In fact, I wouldn't object if someone stamped on its fingers a few times as it was being shown the door; or possibly broke its kneecaps. But you don't defeat a pernicious evil with flawed justice, and the piety of the press, the games of 'broken telephone' which further distort an already confused and confusing issue, the ad hominem attacks on key figures within Liverpool FC, serve only to exacerbate the already entrenched antipathy between footballing tribes.

      Yours faithfully,

      (Jim, Manchester United Supporter for 30 years)

      http://thetroublewithfootball.blogspot.com/2012/01/commissions-new-clothes.html
      [/noae]

      Took me nearly an hour to read that (whilst eating), but worth the time!

      What is sad is that we've read many a good article or opinion on this matter, and all simply slip through the net and are ignored by the majority.

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