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Jonjo Shelvey (now playing for Çaykur Rizespor, on loan from Nottingham Forest)


Guest ManDoon

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Unless I'm mistaken has anyone other than Terry and Suarez been banned by the FA for using racist language?

 

In those instances they admitted using certain words BUT denied the context/meaning of what they said

 

Going to be tough to justify a ban on Shelvey if there isn't any video evidence and he is strongly denying it, can't just base it on what one person says, that's wrong and potentially opens up a huge can of worms

 

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I know absolutely nowt about the legal side of this, but could it be taking this long - and longer - because our lawyers have said something which the FA are forced to take seriously?

 

Th FA obviously make up their own rules outside of the law, but without evidence this is pretty much defamation. It's a lot different to charging someone with regular abuse or misconduct.

 

Its not a legal case which would require evidence to be beyond reasonable doubt, as its only an FA charge it will be balance of probabilities.

 

Id presume Wolves will use the player who allegedly overheard what was said and Shelvey will use his own witness. Id be surprised if some kind of person who specialises in lip reading is used too

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I know absolutely nowt about the legal side of this, but could it be taking this long - and longer - because our lawyers have said something which the FA are forced to take seriously?

 

Th FA obviously make up their own rules outside of the law, but without evidence this is pretty much defamation. It's a lot different to charging someone with regular abuse or misconduct.

 

Its not a legal case which would require evidence to be beyond reasonable doubt, as its only an FA charge it will be balance of probabilities.

 

Id presume Wolves will use the player who allegedly overheard what was said and Shelvey will use his own witness. Id be surprised if some kind of person who specialises in lip reading is used too

 

i don't think there's a footage of the incident due to the limited TV coverage of lower league matches.

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I know absolutely nowt about the legal side of this, but could it be taking this long - and longer - because our lawyers have said something which the FA are forced to take seriously?

 

Th FA obviously make up their own rules outside of the law, but without evidence this is pretty much defamation. It's a lot different to charging someone with regular abuse or misconduct.

 

Its not a legal case which would require evidence to be beyond reasonable doubt, as its only an FA charge it will be balance of probabilities.

 

However, should the FA rule against Shelvey, wouldn't he be in a position to take legal action against them if he maintains his innocence, considering it could impact on his career and future employment opportunities ?

Could get messy for the FA unless they are sure it's "beyond reasonable doubt", even though they don't necessarily have to be.

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Libel maybe if they put out a statement saying he racially abused someone based on what seems to be fairly flimsy evidence.  Court of arbitration for sport would be another route depending on how strongly he and the club want to protest the charge.

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Libel maybe if they put out a statement saying he racially abused someone based on what seems to be fairly flimsy evidence.  Court of arbitration for sport would be another route depending on how strongly he and the club want to protest the charge.

 

If that's the case they would have to basically scrap these disciplinary procedures completely, and so would anyone else who decides things on balance of probability. Not that I understand the implications fully, but I think we might be reading too much into this.

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Libel maybe if they put out a statement saying he racially abused someone based on what seems to be fairly flimsy evidence.  Court of arbitration for sport would be another route depending on how strongly he and the club want to protest the charge.

 

If that's the case they would have to basically scrap these disciplinary procedures completely, and so would anyone else who decides things on balance of probability. Not that I understand the implications fully, but I think we might be reading too much into this.

Not really, as most cases don't involve defamation of a players' character. I don't know if it makes a difference, but it should.
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Might be interesting seeing how we cope without him. He likes pinging long balls from the back but there's been a bit of a disconnect between him and the attack. not much interplay or getting beyond the defensive lines, he seems content to play mostly from deep.

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