Indirectly- he's already won. He played the rest of last season and in the euros. FWIW I don't think there's a chance he's found guilty in court either.
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Cripps14 said:
linnet_spur said:By the way all those comments were made by people in their late 20's or 30's, clearly it's very hard to use correct English on Facebook
Smoked Salmon said:tricky said:As he has been charged with s31(c) of crime and disorder act (ostensibly the 'racially aggravated' s5 Public Order Act offence), the 'sarcasm' element would appear to be particularly targeting the mens rea element under s6(4) of 'intent' under POA1986.LLB Part Deux said:So, even without a jury, I guess all the defence need to do is introduce an element of doubt that Terry 'meant it' as racist abuse.
I reckon he'll get off.
Also reckon he'll get off, he's too stupid to intend any insult deliberately as far as I can tell. And yes it probably does mean that his highly paid solicitors have come up with a defence which stands a chance of working.
Won't mean he isn't a racist though, just not a convicted one. And that is where perception is far greater than any fine or judgement against him.
nb. Is it me or are there a few legal types around here?
The reason I think it's a bullshit defence is that s6(4) contains an alternate, namely that a person can be guilty of the offence if he is aware that the action may be disorderly. Now, to me, even if it's sarcasm, you'd have to be a pretty stupid person not to know that the use of a racial slur, even if said sarcastically, in the company of black players, can create disorder.
Or am I barking up the wrong tree?
What do you reckon?
Whilst I accept your reasoning for suspecting that there will be enough scope for an aquittal, I am not so sure that I buy the idea that any footballer is too stupid to realise that a racial slur may cause disorder, and I am not sure a judge would either. After all, for as much as you can balance a mixed culture squad against the incident, you can also say that for a great many seasons now there has been a definate effort by the FA and political groups to see racism removed from the game. so it's hardly a foreign concept to players.tricky said:I agree, Mr Terry is pretty stupid.
And combine the 'Sarcasm' with the concept of sportsman-like 'banter' and you have no real intent either to deliberately create disorder or indeed even think that it could lead to disorder.
Add to that fact that he will offset any slur by highlighting the multi-cultural team set up at Chav HQ anyway, and you to start to add sufficient 'context' to lower the case to well below 'beyond reasonable doubt'.
The game is also highly televised and refereed so it is safe for, shall we just call him 'Mr Cunt' from now on as his name makes me wretch, Mr Cunt to assume that his actions could be in any way likely to create a situation of 'disorder'.
It is unfortunately too easy to make a decent case for reach of the alternatives under 6(4), which is a shame. They don't even need to contest the actus reus in this case. Mr Cunt is too think to either intend or realise disorder is likely.
And as you know the standard of proof is so high, it is easier to raise defences in criminal cases.
Thelonious said:[tweet]https://twitter.com/BLUE_VIGO/statuses/222637671862894592[/tweet]
Thelonious said:he's a legend!