Yeah have heard it suggested they could go back to these and turn em right up on the recording, so to speak.
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[Albion] "You're black and you stink" Rodriquez comment to Bong? - FA say not proven
- Thread starter El Presidente
- Start date
Yeah have heard it suggested they could go back to these and turn em right up on the recording, so to speak.
Creaky
Well-known member
Unlikely to affect his footballing career but may well affect his future prospects regarding coaching, managing and/or media work. Only time will tell.
Papa Lazarou
Living in a De Zerbi wonderland
Presumably with proof that they were lying. I can't see that happening with this case.
Er, I've just read that, and there's no mention of a slander case at all. What are you talking about?
Yeah that's not happened, just dumb fans on twitter suggesting it.
There may be other footage.
Not really. Bong made a serious complaint, the ref had to include that in his report. That's not the ref saying it happened. Nothing like a soft signal.
Thunder Bolt
Silly old bat
Yes. I replied to your comment about rape victims showing what happens when proved to be false allegations.
Slander (also, libel) isn't criminal; It's a civil matter. "On the balance of probabilities" rather than "beyond reasonable doubt"/"sure" as a standard needed to find guilt. Also the presumption of guilt is reversed - the defendant has to prove that the alleged libel/slander either wasn't libellous/slanderous (e.g. it was true) or rely on a "fair comment" defence.
The Spanish
Well-known member
I would say what is more worrying is being concerned and worried they are not falling into line with the modern culture regarding reactions to allegations on certain issues (which is increasingly at odds with our current legal systems principles and with the power of social media is in danger of totally re-writing those).
Not a comment on this case but it’s something that I think we are sleepwalking into.
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Yep, and so it should be. My point is that if a rape victim is charged simply for not having enough proof, that would be insane. Given that the FA have charged Jay, I can't see how there would be proof that Bong made it up. And finding him guilty of slander without proof would be like finding a rape victim guilty of slander - insane.
Note that the women you know of were not rape victims, which is what I was referring to.
The FA will only be looking at Rodriquez. So, if they find that they can't be certain that he said what is alleged - it's still some way from them saying that Bong made it up. And anything other than Bong deliberately making it up would probably come under 'fair comment'.
So, Rodriquez would probably have to prove what he did say (hence the lip reader), and then prove that Bong deliberately misheard to succeed in a slander case?
So, we could be in a strange position where the FA don't find Rodriquez guilty because they can't be sure, and then a court case may not find Bong guilty of slander because it would be difficult for them to be convinced, on balance, that he was deliberately making it up.
Thunder Bolt
Silly old bat
I was replying to the first sentence in Papa's post - Which is different.
I can see how you'd think I was referring to slander (which I wasn't).
This is for general slander/libel. Do you know if this has been tested when the alleged slander/libel was an accusation of racism (or similar)?
Because if that was the case in court, people could go around using racist abuse, and the victims wouldn't even be able to complain unless they had proof.
Generally in slander/libel I think the defendant needs to prove what they said/wrote (if not fair comment) is true. The claimant doesn't need to prove that the defendant knew it wasn't true.
Tom Hark Preston Park
Will Post For Cash
- Jul 6, 2003
- 70,151
If Rodriquez intends hiring a lip-reader then the FA should be looking to hire one also. Else no prizes for guessing what the findings of the Rodriquez-hired lip-reader will be.
sydney
tinky ****in winky
this will drag on and on and on and on and on ......i doubt it will be resolved before the end of this season ....or next ....you may pooh pooh ...or just pooh but a premier league racism scandal has so much mileage i'm pretty sure it's gonna get milked dry.