“The reason why Uruguay can go that far, I believe, are due to a very good coach and we have players with great abilities in every position, but the most important point is that our team spirit is very good (together), just like what we have in Liverpool. In my opinion, being a Brazil, Barca and ManU fan is relatively easy, because they have a high winning rate. Relatively speaking, being an Uruguay and Liverpool fan is much more difficult, so I define this type of fan as the one who have exceptional character and unique eye-sight. Today, we, the players and fans won together and we hope to go further. At the moment of winning the Copa America, other than the Uruguay anthem, my brain is filled with the Reds anthem. Next, we'll sing this song together, to fight against ManU, Chelsea and Arsenal.”
—Luis SuarezFlaws and Consequences: The Curious Case of Luis Suarez
By Stuart Gilhooly, the solicitor for the Professional Footballers Association of Ireland who was also recently named Journalist of the Year at the Irish Magazine Awards.
It seems as though Liverpool and Luis Suarez have finally closed the door on an unsavoury episode in their history and that of the English FA. Not without slamming it shut, mind, and taking the hinges as they went. With great reluctance, and no little chutzpah, both parties have conceded defeat but heavily indicated that they feel a huge injustice has been done.
While this case isn’t quite the Birmingham Six or the Guildford Four and it’s unlikely Daniel Day Lewis will be claiming he is an innocent man in Rioplatense Spanish anytime soon, there are flaws in the decision which would rendered them a reasonable chance of success on appeal. Although it’s no longer of huge significance, this is a saga which is likely to rumble on and I thought it might be useful to examine the areas where the FA regulatory commission has erred so at least we have a flavour of from where Liverpool and Suarez’s grievances emanate.
Since New Year’s Eve, when a 115 page tome landed in our inboxes, many opinions have been expressed as to whether the FA Regulatory Commission has got it right or wrong. Most have jumped to the conclusion that since the report is well written, very long, detailed and presented in nicely worded legalese, that it must be correct.
The truth, like with many tribunal decisions and, indeed most likely the case itself, lies somewhere in-between. There is much to be admired in the manner in which the commission dissected very complex linguistic issues as well as the nuances of what was said and not said. They have reported the facts in great detail and the result is that many of us are in a position to draw our conclusions.
That said, the report’s findings are somewhat flawed and, in particular, the sanction meted out is completely out of line with the evidence and even the commission’s own conclusions.
I should say, at this point, I am a Liverpool fan but also the solicitor for the PFAI, the League of Ireland’s players’ union. Although my allegiances are naturally with Luis Suarez, I’d like to think that I would take a similar view if a League of Ireland player asked me to represent them in similar circumstances. Indeed, I have defended an Irish player, Jason McGuinness, where allegations of insulting behaviour with racial overtones were made. He received a five match ban.
The Suarez case is unique in its complexity but in the end it comes down to some fairly basic questions.
1. What is the burden of proof?
2. Did Suarez use the word “negro” and, if so, how often?
3. If he did use this word, what should the punishment be?
