[quote author=Judge Jules link=topic=47188.msg1446982#msg1446982 date=1324306579]
[quote author=monsieurdantes link=topic=47188.msg1446972#msg1446972 date=1324305954]
[quote author=Judge Jules link=topic=47188.msg1446929#msg1446929 date=1324304312]
[quote author=monsieurdantes link=topic=47188.msg1446760#msg1446760 date=1324295812]
[quote author=Rosco link=topic=47188.msg1446730#msg1446730 date=1324294049]
A couple of points.
1. It hasn't been confirmed what term Suarez actually used.
2. What is and isn't offensive in Spain is irrelevant. The incident took place in the UK.
3. People need to look at what Suarez has been charged with. The FA aren't deciding if he is a racist or not.
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All good points, and the FA seem to have a cast iron case based on their charges. However because of what kingjulian just said, Suarez will have an equally cast iron case for defamation afterwards.
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They're not all good points. Point 2 is garbage. Suarez is a Spanish speaker with, as yet, little English and that goes to the heart of what he meant by whatever he said. A decision based on the approach set out in point 2 would be easily overturned on judicial review.
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In a judicial review you get to argue based on the principles of natural justice, fairness, and things like that. But in a hearing they tend to follow procedures. I'm pretty sure the FA have no procedures written down that tell the panel how to distinguish or account for culture. Ergo from an administrative view, the decision the panel make will be to say ignorance is no defense against breaking the rules. It's up to Suarez to show later those procedures were unjust and then fuck the FA over for ruining his reputation.
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I don't think the panel will necessarily say that. If they follow those principles (and the chairman is a QC so he'll be well aware of them), they have to give Suarez' case a fair hearing and that has to include a full and proper response to the culture point. I'm not saying they definitely won't take the line you set out here, but I don't think it's nailed on that they will.
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Panels are invariably a bunch of cunts that revel in being smug. They will say "Luis, these are the rules, and as per our official remit we must apply them to the letter, we didn't make the rules luis, it is just our job to see they are followed, blah blah blah (under their breath you can hear them thinking oooh official remit, I have a remit and you don't, ner ner ner, I guess you should bend down and suck my decrepit cock, cos you know I have an offcial remit...to have my cock sucked)". Cowardly, smug, cuntish. You're being very charitable to them to think any better of the outcome.