Should We Stay Or Should We Go? - The Chelsea News Thread

Discussion in 'Chelsea' started by fernb8, Oct 29, 2011.

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  1. Qindarka

    Qindarka Member

    Nov 24, 2006
    Malaysia
    The Gerrard case is not relevant because it has nothing to do with football. Both Terry's and Suarez's cases, on the other hand, took place on the field. \
    Agreed that the FA should not be charging him, though, especially with a lower standard of proof. Beyong reasonable doubt as a standard in criminal cases (and the FA charge is of a similar nature) is there for a good reason.
     
  2. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    But he's not being charged with kicking someone or some other type of violent play, is he, so it's not a 'football offence'. Other than some rather vague and nebulous football infractions his alleged 'crime' is a criminal one. Suarez didn't have a criminal trial, (although on this basis he should have), so that's not relevant either.

    In English law, (as opposed to Scottish law, for instance, which has an option of 'unproven' as a verdict), English law only has the two options of guilty or innocent. As he's been found innocent it makes a nonsense for someone ELSE to come along and attempt to 'try' it again, even assuming they were competent which the FA most definitely ISN'T.
     
  3. Kerry Dixon's Boots

    Staff Member

    Jun 6, 2006
    77 degrees
    Club:
    Chelsea FC
    Nat'l Team:
    England
    The fact is your employer is entitled to discipline you for behaviour detrimental to the organisation within a workplace even if a court decides that there is sufficient doubt not to find you guilty of, for example, chucking a stapler at a colleagues head . This is entirely in the jurisdiction of the FA as has been pointed out this happened on the football pitch. If Terry had been accused of calling some passing youth a n****** or something whilst getting hs Friday night kebab, I doubt the FA have any say.

    As he is a member of a professional body, that governing body has, I believe correctly, the ability to set their own disciplinary standards.

    I am a member of a profession and regardless of any separate action, it is clearly written into my membership that I am subject to any proceedings they deem necessary. I would be surprised if a footballer doesn't agree to similar terms - does anyone know what they have to agree to in order to play in the Premier League?

    The precedence has been set. Joey Barton kicked the sh*t out of a 15 year old fan in Thailand before. His club fined him, but the FA couldn't touch him. Same deal with the cigar incident. Club fine, but no suspension.

    OJ was cleared in criminal court - does that mean the civil case against him shouldn't have been (successfully) pursued?
     
    Cris 09 repped this.
  4. Cris 09

    Cris 09 Trololololo

    Nov 30, 2004
    Westfalenstadion
    Club:
    Borussia Dortmund
    Nat'l Team:
    Germany
    Still kinda a c#nt move by the FA....
     
    Blueallthru repped this.
  5. Kerry Dixon's Boots

    Staff Member

    Jun 6, 2006
    77 degrees
    Club:
    Chelsea FC
    Nat'l Team:
    England
    I don't disagree with this. But it cannot, surely, have been a surprise to anyone.
     
  6. Blueallthru

    Blueallthru Member+

    Chelsea
    United States
    May 15, 2012
    The Interwebz
    Club:
    Chelsea FC
    That has been my point. I still don't like it. But yes, we all knew this was going to happen. Nice is probably right, like to end up a 5 match ban. We really won't miss him.
     
  7. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    As several people have said, that didn't happen on the pitch. And, again, FIFA and the FA aren't making a concerted efforts to stop Scousers from being stupid. (As if anything could do that.)

    People already are doing that. There's now talk of retroactive diving bans, bad tackles are reviewed, cards are rescinded, etc. This is hardly a new occurrence.

    A criminal court hasn't decided he's innocent, it has given a "not guilty" verdict, which is not the same thing. Keep in mind, criminal courts operate on a much higher standard of proof, whereas the FA likely operates on a "preponderance of evidence" standard, which makes sense. In other words, the FA was correct in waiting. If Terry had been found guilty, the FA's case was built for it. If, as happened, he was innocent, the FA can look at it with its own procedures. Any other result would be silly - there's no way Suarez would have been convicted in court, for example, but no one brought a charge against him. The FA didn't bring a criminal charge against Terry in this case, so there's no reason they can't investigate him themselves.
     
  8. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    Well, we ALL know what's going to happen, don't we. The FA will read the headlines in The Sun and The Daily-Hate Mail and will do as they're told.
     
  9. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    But this isn't a matter of interpretation as far as I can see. This is a simple 'yes or no' issue. Either he said 'you black ****', (a simple, bald statement), or he said 'I DIDN'T say you black ****', (which is what the video seems to show), i e. the negation of the statement. As the evidence is inconclusive he was found innocent. The FA isn't going to know any more than anyone ELSE about the matter.

    And as to your idea that you'd accept the punishment from your professional body, REALLY? When you'd been found innocent of the very thing you're being punished for? You'd accept it THEN?
     
    Yaroni repped this.
  10. Eddie26

    Eddie26 Moderator
    Staff Member

    Sep 23, 2004
    Pittsadelphia
    Club:
    Chelsea FC
    No longer being sold.
     
  11. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    No, we don't all know that. I know the FA do some stupid things, but that doesn't mean everything they do is stupid.
     
  12. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    LOL Great stuff... :) Oh, hang on, you're being serious, aren't you :eek: :D

    Well, we'll see, won't we.
     
  13. Yaroni

    Yaroni Member

    Aug 31, 2007
    Tel Aviv
    Club:
    Chelsea FC
    Nat'l Team:
    Israel
    Not saying that it would be the right course of action, more of a hypothetical. But if I'm being sued for racially abusing a co-worker, and win my case, and then get punished by my employer, don't i have the LEGAL right to sue my employer for punishing me using evidence that contradicts the countries LEGAL system.

    I assumed the English judiciary system > the FA.

    Well, most of the things the FA does is stupid. Especially with us.
     
  14. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    No. The English legal system hasn't declared John Terry innocent, it simply said he's not guilty without a reasonable doubt. Whether or not he's guilty using a "preponderance of evidence" test is a different issue.

    In short, just because OJ was acquitted of killing his wife doesn't mean his employer couldn't fire him.
     
  15. Cris 09

    Cris 09 Trololololo

    Nov 30, 2004
    Westfalenstadion
    Club:
    Borussia Dortmund
    Nat'l Team:
    Germany
    Nope,

    Of one of my employers gets a DWI and beats the system and can still fire him...
     
  16. Kerry Dixon's Boots

    Staff Member

    Jun 6, 2006
    77 degrees
    Club:
    Chelsea FC
    Nat'l Team:
    England
    What Cris and nice said.

    Doesn't mean I have to like it, but them's the rules.
     
  17. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    It depends what 'beat the system' means though, doesn't it. If by 'beat the system' you mean he can show he wasn't even IN the car, wasn't drunk at the time and wasn't driving ANY car at the time, I think he'd have a case for wrongful dismissal.

    In the OJ case, (which is US law strictly speaking), he was taken to a civil court so, on that basis I'd imagine AF could take JT to civil court too.

    In the Suarez case there WASN'T a criminal trial so the issue of a guilty or innocence finding in one wasn't relevant.

    The nearest equivalent for me is the Steven Gerrard case because he was also found innocent, (acquitted if you prefer), and, regarding the point about it being on a football field and that being the only reason the FA are involved...

    http://www.bbc.co.uk/sport/0/football/19052103
    Rio Ferdinand charged by FA for 'choc ice' tweet
    Manchester United's Rio Ferdinand has been charged with improper conduct by the Football Association in relation to comments posted on Twitter

    That wasn't on a football field so why is the FA getting involved in THAT?

    Let's face it, the FA get involved in whatever the FA WANT to get involved in, (or are instructed to by the 'meeja'), no more, no less. In the same way they ignored the Gerrard case they could do the same thing here if they wanted to.

    If it's a matter of moral turpitude, (the previous reason for sacking JT as England captain), how come they put Giggs as team GB captain?

    The whole thing's an absolute farce. The FA have absolutely NO qualms about involving themselves in things they find slightly embarrassing whilst ignoring other things it would be too awkward to handle.
     
  18. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    Selective prosecution is a problem, but the question is whether or not they've made the right decision to investigate in this case. Given the evidence, I'd say yes.
     
  19. Cris 09

    Cris 09 Trololololo

    Nov 30, 2004
    Westfalenstadion
    Club:
    Borussia Dortmund
    Nat'l Team:
    Germany
    Thats not beating the system..that is proving he didn't do it..
     
  20. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    Quite! ;) ... and any combination of options in between. Point being that if someone is acquitted of something it's a brave man that THEN wants to punish them for that very same thing and, as in this case, it's a matter of choosing to do something in one case whilst ignoring it on another. That's what annoys me about it.

    Anyway, I think we've analysed the crap out of this topic... maybe we should forget about it until there's further news. :)
     
  21. nicephoras

    nicephoras A very stable genius

    Fucklechester Rangers
    Jul 22, 2001
    Eastern Seaboard of Yo! Semite
    No, it's really not. There are different administrative procedures with different standards of evidence. The threshold for sending someone to jail for an offense is a lot higher than, say, firing that same employee, or even getting a verdict in civil court. The FA properly waited in this case, because if the trial had gone the other way, they'd not have needed to do an investigation at all. The FA also didn't have that much choice in the matter, since they had just investigated Suarez for something similar. You want to complain they ignored Gerrard's stupidity of what, almost 10 years ago? OK, fine. But in this case, the FA's decision makes sense.
     
  22. Naughtius Maximus

    Jul 10, 2001
    Shropshire
    Club:
    Chelsea FC
    Nat'l Team:
    England
    About 3 actually... and you think it would make a difference?

    Anyway, whatever!
     
  23. yasik19

    yasik19 Moderator
    Staff Member

    Chelsea
    Ukraine
    Oct 21, 2004
    Daly City
  24. fernb8

    fernb8 Member+
    Staff Member

    Aug 12, 2002
    means that there is still far too much division for all parties to agree

    from a personal standpoint a large portion of the SNCPO contingent will continue to cry foul until there is a board in place which completely agrees with their view and that is not going to happen

    smart move by Dennis to get away from a situation which will end up being a real mess
     
  25. BlueRebelZ

    BlueRebelZ Member+

    Aug 2, 2011
    Club:
    Chelsea FC
    Nat'l Team:
    Singapore
    http://www.standard.co.uk/sport/foo...om-board-of-chelsea-pitch-owners-8004640.html
    Pretty alarming report I would say, SNCPO fast losing their ground.
     

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