Posted by Matt Switalski

1.  As a judge, I find it outrageous that the FA released its decision  
and sentence without releasing its findings of fact.  If I conducted a  
criminal bench trial and concluded it by simply pronouncing guilty as  
charged and immediately sentenced the defendant to prison while  
saying, I'll give you my reasoning later, I might be out of a job  
within 48 hours.  For the life of me, I can't understand what they are  
thinking.  You have the two biggest clubs in the country involved in  
as acrimonious a dispute as possible.  You have zealous, paranoid, and  
at times appalling fan bases ready to go nuclear, whatever the  
decision.  And you just announce it, without the supporting facts?   
Shameful.  What was the rush?  You took this long, what's another day,  
another week?  And all it does is fuel the hatred and the conspiracy  
mongering between the two clubs and sets of supporters.  When if you  
released a compelling finding, it could take the air out of some of  
the bile.   A shameful abdication of responsibility by the FA.

2.  I try to never criticize a judge/jury when I'm not in the room  
with them, hearing what they heard.  That's why the findings of fact  
are so important.  I don't need the transcript.  Just tell me why you  
ruled how you ruled.  So I am not going to criticize the finding until  
I read the panel's reasoning.

3.  I'm suspicious that politics are at work here.  Not anti- 
Liverpool, but the FA trying to make itself look good.  Let me  
explain.  Does anyone really think that there is a problem in England,  
in 2011, with racism between players on the field?  Does anyone think  
that of Suarez, or of John Terry?  It's nonsense, even Evra conceded  
that.  But while the FA is raking in the plaudits from the anti-racism  
lobby and positioning themselves as the responsible alternative to  
Sepp Blatter, can I ask a couple of questions?  How many black  
managers does the Premier League have?  How about assistant managers?   
Hell, how many blacks are managing in the Championship?  How many are  
in charge of transfer policy?  How many blacks even get an interview  
for any position of power?  Other than Chris Hughton, who was sent to  
the back of the bus, am I missing anyone?  I don't think so.  So the  
FA is sending the message out with this decision on Suarez that racism  
is not tolerated in the English game.  What a sick and pathetic joke.   
They're using Suarez, and they might use Terry to score political  
points.  I double dare you to tell them they have to adopt an  
affirmative action program and have blacks in positions of authority  
at the clubs within 3 years.  You'll be told, it's not that simple,  
these are complex issues, freedom of contract, the owners have the  
right to hire who they want, etc.  If I can borrow from Brian  
Glanville and Horace Rumpole, " Pull the other one, sweetie, it's got  
bells on it!"

4.  There's much criticism over the statement Liverpool released.  Now  
if it was me, I'd have toned it down; we're disappointed; we back our  
player, we will appeal.  However, I don't know that there is anything  
factually untrue in their statement.  Again, we have to wait to see  
the FA's reasoning.  But if it is true that Evra referenced Suarez's  
ethnicity in an insulting way, and Evra is not being punished  
similarly to Suarez...................then the statement wasn't strong  
enough.

5.  As a defendant, all you want is a judge who is going to treat you  
fairly and individually, who doesn't care what the papers are going to  
say the next morning and isn't looking to play to the crowd.  A  
principled judge is often all that stands between an unpopular  
defendant and the mob.  This is most important in the sentencing  
phase.  A judge knows what will play well in the papers.  It's not  
necessarily what is the right thing, the right and just sentence is  
often a potentially unpopular one.  But the good judges are the ones  
who don't care about the editorial pages, headlines and talk shows.   
They do what's right and they do what's proportional to the crime.   
There aren't many of those judges out there who are willing to take  
that kind of heat.  It's easier to play to the crowd.

I ask you, in terms of the sentencing, which kind of judge do you  
think Suarez had?  One interested in merely the players involved and  
the individual situation, or one looking to how the ruling would play  
with the press?

6.  Suarez is one of the 5 or 10 best players in the world, but he's  
no angel.  And he'll still have the Fulham issue to deal with.  But  
the FA took a very nuanced situation and have issued a draconian ban  
to make themselves look good, when they care nothing about taking real  
measures to combat the passive racism practiced by every club in the  
top two flights.  You'll forgive me if, while the FA basks in the glow  
of the media treatment of its "courageous and landmark" decision, I  
reach for the air sick bag.