Casilla had until last Wednesday to respond to the charge and he has requested a personal hearing.
See below from Park Square Barristers in London. Basically Casilla is screwed…. Minimum 6 match ban if lucky but being Leeds it is likely to be 60….. The FA v Kiko CASILLA: A Lesson from John Terry (or at least his legal team) LUFC goalkeeper Kiko Casilla is alleged to have racially abused Charlton Athletic forward Jonathan Leko during the Championship match between Charlton and Leeds on 28 September 2019. Casilla has been charged by the FA with Misconduct pursuant to an aggravated breach of Rule E.3(1) of its Rules and Regulations. Casilla has denied the charge and requested a personal hearing, where evidence will be called and a Disciplinary Commission will determine the matter. Regulatory Framework The FA may act against a player in respect of Misconduct which includes a breach of Rule E3 of the Rules and Regulations of the FA. Rule E3(1) states: “A Participant shall at all times act in the best interests of the game and shall not act in any manner which is improper or brings the game into disrepute or use any one, or a combination of, violent conduct, serious foul play, threatening, abusive, indecent or insulting words or behaviour.” Rule E3(2) states: “A breach of Rule E3(1) is an “Aggravated Breach” where it includes a reference, whether express or implied, to any one or more of the following: ethnic origin, colour, race, nationality, religion or belief, gender, gender reassignment, sexual orientation or disability.” The applicable standard of proof is the civil standard on the balance of probabilities. This means that the safeguards available to an accused in criminal proceedings are not thought to be necessary in disciplinary proceedings such as these. This is an unhappy position for Casilla, as he faces the prospect of a ban and attendant damage to reputation following a possible conclusion that he ‘probably’ racially abused another player. Procedure Casilla was charged with Misconduct by the FA on 4 November 2019 and, as is his right, requested a Personal Hearing the same day. He now awaits notification of a Personal Hearing, where evidence will be called before a Disciplinary Commission (likely made up of three members). The evidence called will likely comprise that of Mr Leko, camera footage of the game and where necessary a lip-reading expert, the referee’s match report, Casilla’s own evidence and any character references. The Commission will consider all the evidence and make a finding as to whether or not the case against Casilla is proved. If the charge is found not proved, any record of it will be expunged; if it is proved, the panel will consider the appropriate sanction. Sanction Should the charge be found proved, Casilla would face a minimum ban of 6 matches. The approach to determining the correct sanction is similar to that adopted by a sentencing judge in criminal cases: aggravating and mitigating factors are taken into account in a balancing exercise. As this is an aggravated breach, the ban imposed must be for not fewer than 6 matches. There would also be a fine, indexed to the player’s salary (for reference, John Terry was fined £220,000 following a contested hearing regarding his racist abuse of Anton Ferdinand in 2011), and Casilla would be required to undergo a training course. Factors for consideration include: (i) Casilla’s previous disciplinary record; (ii) whether or not this was calculated and vindictive or said in the heat of the moment; (iii) character references; (iv) the personal impact on Mr Leko. No doubt the current climate of zero tolerance towards racism will be the prevailing factor in the minds of the Commission, along with the need to send a clear message (i) to perpetrators of racist abuse, that it is deplored in the greatest terms, and (ii) to victims, that their suffering as a result of such instances is recognised. Criminal investigation In the case of John Terry (found to have racially abused Anton Ferdinand in 2011), there was a significant delay before the Regulatory Commission concluded the case. This is because the hearing was delayed pending the outcome of the criminal trial. Mr Terry was charged with a racially aggravated offence contrary to section 5 of the Public Order Act 1986: using threatening, abusive or insulting words or behaviour to cause harassment, alarm or distress. It was agreed that Mr Terry had used words which on their face were a racist slur. The issue was whether (i) he used them to insult Mr Ferdinand or (ii) whether instead he was repeating them as a question, thinking Mr Ferdinand had wrongly accused Mr Terry of using those words and expressing incredulity at the suggestion. Following a criminal trial, Mr Terry was found Not Guilty. However, in the disciplinary proceedings which followed Mr Terry was found to have committed Misconduct and was banned for 4 matches (there being no mandatory minimum at the time) and fined £220,000. Curiously, Mr Terry chose not to give evidence at this hearing. There is no evidence yet that there is a criminal investigation contemplated in respect of Casilla; however, the outcome of an FA disciplinary hearing is small fry compared with the tightrope Casilla will be walking throughout this saga with regard to a criminal investigation. Casilla and LUFC will have to consider carefully what evidence to call in these proceedings, as one presumes Mr Terry was advised to do. Without prejudging the truth of the matter, a fine and a spell on the sidelines may be preferable to a dressing down in the Magistrates’ Court. The spectre of criminal proceedings could explain some of the unexpected turns the disciplinary proceedings may take… > On 1 Dec 2019, at 09:24, Michael Benjamin <m...@myray.com> wrote: > > White replaces Phillips and Berardi plays in White's place. That idea > doesn't fill me with joy. > On the same note, what is hapennong with Kasilla? > > Dr. Michael Benjamin > > ________________________________ > From: Leedslist <leedslist-boun...@gn.apc.org> on behalf of Richard Walker > via Leedslist <leedslist@gn.apc.org> > Sent: Sunday, December 1, 2019 10:56:14 AM > To: leeds list leedslist@gn.apc.org <leedslist@gn.apc.org> > Subject: [LU] Boro > > The first 20 minutes yesterday were the best since WBA last season and we > scored an early goal when Bamford had 2 good headed chances and scored with > the 2nd. The Boro fans seemed to dislike him from then on. > The movement and passing was top class and Boro just didn't know what had hit > them and how to deal with it. Dallas was everywhere, as was Hernandez and > whilst a high proportion of his passes still never made their target, his > movement, running and constant desire to get on the ball give us an extra > dimension. > After 20 minutes though we did pause for breath and Boro finally got a foot > in the game. Fletcher caused a few problems and that's the first time I've > seen White wobbling against a good opponent. Nothing too serious but Fletcher > is a good player and in a good team I think he would score goals. They didn't > create much with their possession but we did give them a lot of space at > times around our box. Philips was lucky to stay on the pitch after he > mistimed one of those flying tackles that he does now and again. He needs to > cut those out of his game. His yellow card means he misses the local derby > next week. > It looked like the game was going to to be one of those where we hold on to a > narrow home victory but then Klich scored with a deflected shot in first half > injury time and that was the killer blow for Boro. A long ball from Harrison > (you don't say that often these days) put Bamford away on the left, he then > pulled back to an unmarked Klich. > Second half we came out just like the first and took total control. It was a > devasting display against a team who looked lost and beaten. The ever > improving Costa got the 3rd with a run where it looked like he'd been tackled > and lost possession but somehow he kept the ball alive (hes good at doing > that) and hammered the ball high into the centre of the net. Not sure what > the keeper was doing but I think he was just beaten by pace. > Bamford spent a lot of the 2nd half on the floor play acting and moaning that > Ayala had it in for him. Maybe he did, but Bamford is a big girl at times and > with his previous record the ref was having none of it and I don't blame him. > The fourth goal was probably the best, with Klich just picking his spot in > the top corner and doing what he used to do. > We could have had a couple more, Eddie came on for lady Bamford in his gloves > but didn't figure. > Overall, this was definitely our best home performance caviated with the fact > that Boro are really, really poor and Woody won't be there too long. > Casilla - 7. Nothing to do other than a straight forward shot and a bit of > close control and clearing at the back which he did well. When's the decision > on his case ? > Ayling - 7. I thought that was his best performance since his return and he > nearly scored with a left foot effort on the edge of their box. > White - 8. He was pushed into midfield late on and there's a view that he may > play there next week in the absence of Philips. That would be a mistake as > he's our best defender so play him there in what will no doubt be a typically > hard Yorkshire derby. We have enough midfielders to cover. > Cooper - 8. Didn't put a foot wrong. > Costa - 8. He's beginning to look like a player. He's beating his man > (Harrison take note) and he looks like a quality player with time and space > on the ball. With Costa and Hernandez coming into the team and regaining form > I think this is great news for us over the Christmas period. > Klich - 8. His performances recently showed a player needing a rest however > I'm now hoping he will kick on again after these 2 goals. > Hernandez - 7. Lively and some great touches 2nd half. Just wish he could > pass better. > Philips - 7. Slow start but grew into the game. Lucky not to be sent off. > Harrison - 7. Had a lot of ball first half and always looks dangerous. > Struggles to beat his man though. Had a good left foot shot saved second half. > Bamford - 7. Good goal and worked hard. > Dallas - 8. His best midfield performance for me. > Subs: > Eddie - didn't really do anything. We'd won the game by then. > Allioski - same. > Town got smashed at Bristol but you just know they are gearing up for the > game of their lives next week. Who plays for Philips ? Shackleton is the > obvious choice in the absence of Forshaw but maybe Bogusz will get a run. > Neither are pure defensive midfielders but maybe adding another attacking > option will help us. I sometimes feel Philips is too pedestrian. We'll see. > > > > > > _______________________________________________ > Leedslist mailing list > Info and options: https://mailman.gn.apc.org/mailman/listinfo/leedslist > To unsubscribe, email leedslist-unsubscr...@gn.apc.org > > Find us on Facebook https://www.facebook.com/groups/leedslist/ > > RIP Jimmy WAC-COE > _______________________________________________ > Leedslist mailing list > Info and options: https://mailman.gn.apc.org/mailman/listinfo/leedslist > To unsubscribe, email leedslist-unsubscr...@gn.apc.org > > Find us on Facebook https://www.facebook.com/groups/leedslist/ > > RIP Jimmy WAC-COE _______________________________________________ Leedslist mailing list Info and options: https://mailman.gn.apc.org/mailman/listinfo/leedslist To unsubscribe, email leedslist-unsubscr...@gn.apc.org Find us on Facebook https://www.facebook.com/groups/leedslist/ RIP Jimmy WAC-COE
