History in a game

674

I know we met them in a European Cup semi-final in 1972, but the forthcoming tie against Inter Milan is all about the wonderful heritage we were gifted in 1967.  La Grande Inter, as Internazionale, then the greatest team Italy had known, had won two of the previous three European Cups and were controversially denied in the semi-final of the other.  They won three of the previous four Italian titles, denied the fourth on a play-off, and topped the table with two weeks of the Italian season to go.

They were an awesome team with gifted strikers but it was the defence which marked them out; this was a team who didn’t concede goals, when they took the lead, they kept it.

Simpson, Craig, Gemmell; Murdoch, McNeill and Clark; Johnstone, Wallace, Chalmers, Auld and Lennox, and Jock Stein, not only killed La Grande Inter, but did so, so comprehensively, they forced Inter, and the rest of the Italian game, to change their ways.  Catenaccio, the suffocating, ultra-defensive system, was finished.

For Europe, the consequences were profound.  Celtic, with their wave after wave of attack; 45 attempts on goal in a European final; were celebrated everywhere.  The drift towards caution stopped, teams realised the very best defensive sides could be beaten into submission by sheer talent.  In the two subsequent decades the dominant Latin countries of Italy, Spain and Portugal, who had won all previous European Cups, would win the trophy only once.

Football fans across the globe, not just Celtic fans, will want to be there when the teams meet in a game which represents History, not just our history, Europe’s History.

We’ll talk later today on moves being put on the SFA at the moment.  ‘Here we go again…….’
Still time to order your 2015 CQN Annual for Christmas.

You can also order the CQN Annual and DVD bundle here. It’s a great offer, check it out – oh, and there’s tons of photos, fresh stories and comment on the first time Inter faced the green and white hoops.

The latest edition of the Magazine is out today, click on the download link on the graphic below to read for free.
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674 Comments

  1. Tim Malone Will Tell on

    If I was advising Tonev, given the serious implications of being found “guilty”, I would be taking every step to take this outside of “sporting jurisdiction” and into a proper court of law.

  2. Jungle Jim Hot Smoked on

    I suppose what it boils down to is that ` the balance of probability` rule is where the fault lies. As it stands, the SFA had a perfect right to come to the decision they did. If it was never intended for such a serious issue, and `Not Proven` was available, I would have thought that was a better, albeit still not satisfactory , option.

     

     

    JJ

  3. the glorious balance sheet on

    BSR 1428:-

     

     

    Absolutely correct. Reading the reasons set out in the judgement, the defence provided for Tonev seems awfully weak to me.

     

     

    Everyday in workplaces all over the country people face disciplinary complaints re bullying, harassment etc. The burden of proof for these cases is also the balance of probabilities despite the fact that the consequences for the people concerned are huge – they face dimissal, loss of reputation, diminished future employment prospects, withdrawal of pension etc.

  4. Ellboy - I am Neil Lennon, YNWA. on

    It may be reasonable to assume Tonev said something racist to Logan but to tarnish him forever without clear evidence cannot be right. This will set a precedent for future allegations to be made, either out of sheer malice or to gain a sporting advantage. Celtic need to take this as far as they can and not just for the players image but to protect against cheating. If clubs can gain an advantage over a rival then what’s to stop them from abusing this loophole?

     

     

    I don’t want a racist anywhere near our club but this was an Idiotic decision and has to be defended to the hilt.

     

     

    HH!

  5. BMCUW

     

     

    The punishment is not a 7 game suspension, the punishment is carrying for a lifetime the charge of being a racist because of a remark made once in a less than normal situation.

     

     

    I think that is what Celtic are driving at and I think it has to go to CAS if the SFA think their rules are suitable for the circumstances and do not agree to review.

     

     

    In normal justice there would be a call for background reports to establish if the accused had previous or a record of same behaviour before.

     

     

    That at the very least should be standard procedure.

     

     

    That report would influence the balance of probabilities one way or another.

     

     

    A player could then be found guilty of making a one off remark of a racist nature and dealt with accordingly but cleared of any charge of being racist based on background.

     

     

    It might also encourage players who recognise they made a heat of the moment mistake to admit it subject to a background report.

  6. ernie lynch said:

     

    Tom McLaughlin

     

    The consequence of course would be that there would be very little chance of anyone every being found guilty of such a charge.

     

     

    Yes, where there is no corroboration, as in the Tonev case.

  7. auldheid

     

     

    13:32 on 16 December, 2014

     

    Tom McLauglin 11.17

     

     

     

    ############

     

     

    Well my friend seems like the anti celtic brigade are still on the job within SFA HQ . I look for your posts as I am a fan , but I think you are well off the mark with your last piece . And this tonev decision , along with the Boyd farce proves the point , until every single one of them within that cesspit are removed , and replaced with men of integrity , then we will always be stamped on . And watch Ashley ,he is a player for them , no doubt about that .

  8. @CelticResearch @STVGrant Can Grant clear up the discrepancy between this https://t.co/9QnFbghoUC and this https://t.co/F9oUSD2S1o ?

     

     

    From STV grant

     

     

    @MiniKitson @CelticResearch Oh… let me check that back.

     

     

    @MiniKitson @CelticResearch Wow. That is verbatim. What on earth?

     

     

    From Celtic Research

     

     

    “@MiniKitson: Discrepancy between this https://t.co/yJDfTpmC3Q& this https://t.co/nEGfASHvi9 ?” SFA should get their story straight, Eh?

     

     

    From garmar

     

     

    @MiniKitson @CelticResearch @STVGrant looks pretty clear this is nonsense. Well spotted!

  9. Perhaps the tribunal hearing such cases should be drawn exclusively from fans of the accused’s club.

     

     

    Clearly they are the only ones who are disinterested enough to see matters clearly and objectively.

  10. Fanaticism .

     

     

    Been watching ( and not bidding ) the online auction for this ——

     

    7 “-Darrell Banks -Open The Door To Your Heart ( London Records )

     

     

    The only known Stock Copy on London Records . Current highest bid = £ 11 ,227 . Auction closes on 21 12 -if you want .

     

     

    A great Northern Soul choon .

  11. JimTim –

     

     

    Neither Auldheid nor I made any reference to the SFA easing off on Celtic. My post was about a shift in their dealings with Sevco. The Tonev case does not involve Sevco in any way, shape or form.

  12. From celticservant

     

     

    Interestingly the appeal mentions “black c***” but no reference to either “don’t touch me you…” Or “Get your hands off me you…”

  13. Astounding that the SFA cite Tonev’s responses being “guarded and hesitant” as a reason Logan was considered more credible. He’s being cross examined in his second language for goodness sake.

  14. Tom McLaughlin

     

     

    14:43 on 16 December, 2014

     

     

    His immediate reaction corroborates his version of events.

  15. Jungle Jim Hot Smoked on

    Could any of Celtic`s black players been called as character witnesses? I do not think that would have been fair but would it have been allowed as it might have affected the `balance` of probability?

     

     

    JJ

  16. The Battered Bunnet on

    I’ve reads the Notes of Reason of the original Tribunal and the Appeal.

     

     

    All seems pretty reasonable.

     

     

    Between arschloch players and arschloch supporters, it seems the Celtic jersey is a size or two smaller these days.

  17. !!Bada Bing!!

     

    14:47 on

     

    16 December, 2014

     

    Even a bad lawyer would get this laughed out of a proper court

     

     

    ———

     

     

    I know of at least two such gents on here!

     

     

    HH jamesgang

  18. ernie lynch

     

    14:50 on

     

    16 December, 2014

     

     

    Which doesn’t actually mean Tonev said those words.

     

     

    Do you think it’s relevant that the phrase allegedly used has changed in Logan’s evidence?

  19. Jungle Jim Hot Smoked on

    jamesgang

     

    Good to see that your new found fame has not resulted in your trying to curry favour with any of our legal bhoys.

     

     

    JJ

  20. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    3500 words

     

     

    SCOTTISH FOOTBALL ASSOCIATION

     

    JUDICIAL PANEL APPELLATE TRIBUNAL

     

    Appellant: Aleksandar Tonev

     

    Respondent: SFA Compliance Officer

     

    APPEAL HEARING 4 DECEMBER 2014

     

    HAMPDEN PARK, GLASGOW

     

    Tribunal Members: The Right Honourable Lord Bonomy (Chairman), James Hastie,

     

    Alan Dick

     

    Counsel for appellant: Richard Keen QC

     

    In attendance:

     

    Aleksandar Tonev

     

    Liam O’Donnell Solicitor

     

    Michael Nicholson Company Secretary of Celtic Football Club

     

    John Collins Assistant Manager Celtic FC

     

    Bulgarian Interpreter

     

    Counsel for respondent: Aidan O’Neill QC

     

    In attendance:

     

    Tony McGlennan SFA Compliance Officer

     

    Neeraj Thomas Solicitor, Burness Paull LLP

     

    Andrew McKinlay SFA Director of Football Governance and Regulation

     

    Also in attendance:

     

    Secretary of Appellate Tribunal Background

     

    [1] A notice of complaint was issued by the Compliance Officer to Aleksandar Tonev, the

     

    appellant, arising out of a match which took place at Celtic Park between Celtic FC and

     

    Aberdeen FC on 13 September 2014. The complaint alleged that the appellant had breached

     

    Rule 202 of the Disciplinary Rules of the Scottish Football Association (SFA) set out at

     

    Annex A of the Judicial Panel Protocol, by committing “Excessive Misconduct by the use of

     

    offensive, insulting and abusive language of a racist nature”. The notice set 9 October as the

     

    date for the Principal Hearing. On 26 September 2014 Liam O’Donnell, solicitor, wrote to

     

    the Compliance Officer on behalf of the appellant to state that he “strongly denies” the

     

    alleged breach of Rule 202 and that he would be representing him at the hearing.

     

    Thereafter the hearing was rearranged for 30 October.

     

    [2] Mr O’Donnell duly appeared with the appellant at the hearing on 30 October which

     

    we understand lasted seven hours. The crucial question for the three-man Judicial Panel

     

    was whether, following a heavy challenge by the black Aberdeen player, Shaleum Logan, and

     

    further contact with him by Logan’s arm, the appellant abused Logan by calling him a “black

     

    c***”. Evidence was given by these two players, the referee, the Aberdeen captain,

     

    Mark Reynolds, the Aberdeen manager, Derek McInnes, and the Celtic assistant manager,

     

    John Collins. The panel also had before them the referee’s report of having the matter

     

    drawn to his attention, the statements of Logan, Reynolds and McInnes, and the statement

     

    of the Aberdeen Football Operations Manager, Steven Gunn. In addition they viewed

     

    four video clips reflecting events in the match.

     

    [3] The Judicial Panel issued their determination and the Written Reasons therefor on

     

    6 November 2014. They held it established that the appellant did direct the expression

     

    “black c***” at Logan and decided to impose a sanction of a seven-match suspension.

     

    [4] The appellant now challenges both the finding that he breached Rule 202 and the

     

    length of the suspension. In his Notice of Appeal the appellant relies on two of the

     

    Permitted Grounds of Appeal provided for in paragraph 14.8 of the Judicial Panel Protocol in

     

    challenging the determination that he breached the rule: firstly, that the Tribunal failed to

     

    give him a fair hearing; and secondly, that the Tribunal issued a determination which it could

     

    not properly have issued on the facts of the case. The Ground of Appeal stated in relation to

     

    the period of suspension imposed is that it is excessive.

     

    [5] All three grounds raise points of law. While it is necessary to review the whole facts

     

    of the case to decide upon each of these grounds, that review has been based on the factual

     

    findings made by the Disciplinary Tribunal. They observed the witnesses, heard their

     

    evidence, reviewed certain documents and video clips and deliberated before making their

     

    findings and the ultimate determination. This appeal is not a rehearing of the case where

     

    the evidence is led again or additional evidence is presented. As is standard practice in such

     

    cases, the appeal has been conducted throughout on the basis of the findings made by the

     

    Disciplinary Tribunal.

     

    [6] Rule 202 is in the following terms: “No player shall commit Excessive Misconduct at

     

    a match, including committing offences in the Schedule of Offences in Annex C, in respect of

     

    which there is aggravation by any factor, (including but not limited to prolongation of the

     

    incident; combination of different offences; continued use of offensive, abusing and/or

     

    insulting language and/or behaviour; calling a match official a cheat and/or calling a match

     

    official’s integrity into question; failure to comply with a match official’s requests; adoption

     

    of aggressive behaviour towards a match official; any racist, sexual, sectarian and/or

     

    otherwise discriminatory element; and the degree of any physical violence); and/or by

     

    committing Unacceptable Conduct”. In this case the offence in Annex C was “offensive,

     

    insulting or abusive language” and it was allegedly aggravated by a “racist element”.

     

    Submissions of the parties

     

    [7] Richard Keen QC presented his submissions in support of both grounds challenging

     

    the determination together because, he said, they turn upon the same factual matrix and

     

    both relate to the way in which the Disciplinary Tribunal addressed the standard of proof. It

     

    is well recognised that sporting disciplinary procedures are not criminal proceedings where

     

    guilt has to be established. Determinations do not fall to be made on the basis of proof

     

    beyond reasonable doubt, but rather on the basis of proof on the balance of probabilities.

     

    However, it was Mr Keen’s submission that the more serious the allegation or its

     

    consequences, the greater is the burden of evidence required to prove it on the balance of

     

    probabilities. The issue, therefore, came to be whether the Disciplinary Tribunal had failed

     

    to recognise that and assess the evidence to the proper standard. In his submission, the

     

    Tribunal had failed to recognise and apply the weight of the burden of evidence required to

     

    prove the complaint on the balance of probabilities where the appellant’s contention was

     

    that Logan had been mistaken.

     

    [8] In Mr Keen’s submission reference was made to the opinions of Lords Prosser

     

    and Penrose in Mullan v Anderson 1993 SLT 835 at 846/847 and 851 and the opinion of

     

    Lord Hamilton in First Indian Cavalry Club Limited v HM Commissioners for Customs and

     

    Excise 1998 SC 126 at 138. Mullan involves a claim for damages in which an allegation that

     

    the defender had committed murder had to be proved on the balance of probabilities. In

     

    both that and First Indian Cavalry Club¸ relating to action taken for the purpose of evading

     

    VAT, it was recognised that the nature of the matter to be proved is a material circumstance

     

    to be taken into account in considering whether it has been proved on a balance of

     

    probabilities. Mr Keen contended that in this case, in which the only witnesses who could

     

    hear what had been said were the appellant and Logan, it was not sufficient for the

     

    Disciplinary Tribunal to simply accept Mr Logan’s account and on that basis hold the

     

    complaint proved. They required to go further. In light of the unusual nature and the

     

    gravity of the allegation and the consequences for the appellant, they were bound to then

     

    give specific consideration to whether in all the circumstances the evidence was sufficiently

     

    cogent to establish the complaint to the required standard.

     

    [9] Mr Keen further submitted that the written submissions of the Compliance Officer in

     

    opposition to the appeal demonstrated the same error at paragraph 5.9, where it was

     

    submitted that, the Disciplinary Tribunal having found unequivocally in favour of the

     

    credibility and reliability of Mr Logan as against the appellant, that was an end of the matter.

     

    The fact that the Disciplinary Tribunal had approached the matter in that perfunctory way

     

    was also illustrated by paragraph 35 of their Written Reasons where they said that the

     

    Tribunal preferred the evidence of Mr Logan on what was said to him by Mr Tonev during

     

    the match, and followed that by beginning the next sentence with the word “Accordingly”.

     

    There was nothing to indicate that the Disciplinary Tribunal had done any more than simply

     

    decide that, because they believed the evidence of Logan, the complaint was adequately

     

    proved.

     

    [10] He explained that, even after the Tribunal had found Logan to be a credible and

     

    reliable witness, a number of questions remained to be addressed, such as how the weather

     

    conditions may have affected Logan’s ability to hear what was said, the fact that the

     

    appellant is Bulgarian and that English is not his first language, and the unusual and

     

    improbable nature of the complaint. If they found no further assistance in addressing these

     

    questions, then they should have asked themselves whether the evidence they had accepted

     

    from Logan was sufficient on its own to establish such a serious allegation on the balance of

     

    probabilities. In so far as they did have regard to other evidence, it was evidence relating

     

    to Logan’s subsequent actions and had no bearing on the question whether his account on its

     

    own sufficiently proved the complaint.

     

    [11] Mr Keen’s submission in relation to the period of suspension had two aspects. He

     

    initially contended that the aggravating factor that the offensive language was of a racist

     

    nature appeared to have been taken into account twice by the Tribunal. He further

     

    submitted that, having regard to the whole circumstances, including the words used, the

     

    player who used them, the context in which they were used and the fact that they were

     

    uttered only once and not repeated, the appellant’s conduct fell to be regarded as falling at

     

    the Lower End of gravity of breaches of Rule 202 for which a suspension of up to

     

    four matches was appropriate. In this case that should be reduced by two matches on

     

    account of the mitigating factors to which the Tribunal had regard, in particular the short

     

    duration of the incident, the lack of premeditation, and the appellant’s good disciplinary

     

    record.

     

    [12] In response Mr O’Neill submitted that the case was simple and straightforward and

     

    invited the Appellate Tribunal to apply common sense and their experience of football (in

     

    the case of two members of the Tribunal) in deciding whether the Disciplinary Tribunal had

     

    erred. The only challenge to Logan’s account had been that he was mistaken as to the words

     

    used. The Disciplinary Tribunal had the opportunity to observe how he responded to the

     

    challenge of his account by cross-examination and he had clearly stood up to that test. No

     

    reason why he may have been mistaken had been put to him. Logan’s immediate reaction

     

    to the incident and his conduct thereafter in bringing the matter to the attention of his

     

    captain, the referee, club staff and other players had been consistent and provided support

     

    for the credibility and reliability of his account. The only basis on which he could have been

     

    held to be mistaken was the evidence of the appellant which had been rejected by the

     

    Tribunal. [13] Much had been made in the course of the appellant’s evidence about whether the

     

    appellant understood the meaning of the word “c***”. What really mattered was the

     

    element of racism reflected in the use of the word “black” with which, as could be seen from

     

    paragraph 28 of the Written Reasons, he was plainly familiar. The circumstances of this

     

    complaint did not bear comparison with a case where murder had to be proved.

     

    [14] Mr O’Neill invited the Appellate Tribunal to conclude that the core question for the

     

    Disciplinary Tribunal was whether they believed and were prepared to rely upon the

     

    evidence of Logan. The circumstances of the case were not such as to require some

     

    unspecific additional burden of evidence to establish the complaint. Under reference to the

     

    opinion expressed by Lord Brown in In re D (Secretary of State for Northern Ireland

     

    intervening) [2008] UK HL 33 [2008] 1 WLR 1399 at paragraphs 45 to 47, he submitted that

     

    the seriousness of the consequences of being found in breach of Rule 202 were irrelevant to

     

    the Disciplinary Tribunal’s assessment of the balance of probabilities.

     

    [15] In relation to the sanction imposed, Mr O’Neill simply submitted that it fell within

     

    the range of penalties that the Disciplinary Tribunal were entitled to consider and impose in

     

    the exercise of their discretion.

     

    Decision on Finding of Misconduct

     

    [16] To make a proper assessment of competing cases and reach a determination in

     

    favour of one on the balance of probabilities requires that all factors relevant to that

     

    exercise are taken into account, considered and weighed in the balance, and a

     

    determination made for which intelligible, rational and adequate reasons are given. In a

     

    situation such as the present, where there are two inconsistent accounts, it is not a question

     

    of deciding which on balance is the more likely version. Before a determination can be made

     

    that a complaint of misconduct has been proved, the body making the determination must

     

    be satisfied that it is more likely than not that the subject of the complaint committed the

     

    act of misconduct alleged. That is what proving an allegation on the balance of probabilities

     

    means. It is both a matter of common sense, as suggested by Mr O’Neill, and consistent

     

    with the Scottish case law referred to by Mr Keen, that the burden of evidence required to

     

    determine the issue to that standard depends on the circumstances of the case.

     

    [17] In paragraphs 33 to 35 of their Written Reasons the Disciplinary Tribunal set out in

     

    clear terms their reasons for finding the complaint proved. They stated that they believed

     

    Logan. Of much greater significance, however, are the fact that they also found him to be a

     

    reliable witness, and that they gave cogent reasons for doing so. They explained that he

     

    impressed them by the careful and measured manner in which he gave his evidence and by

     

    the clear and unequivocal terms in which he recounted what had happened. They were also

     

    favourably impressed by the consistency between his account of his immediate reaction and

     

    his subsequent actions in reporting what was said on the one hand and the accounts of

     

    these events given by the other witnesses and seen in the video evidence on the other.

     

    Their view of the evidence of Logan contrasted rather starkly with their view of the evidence

     

    of the appellant. Having made allowance for the impact of anxiety upon him, the Tribunal

     

    were unable to accept him as either credible or reliable. They have explained that he gave

     

    his evidence in a guarded and hesitant manner and that his evidence on the understanding

     

    of the language that had been used was particularly unsatisfactory. Their impression was of

     

    a witness giving a less than full account of his actual understanding of the language used.

     

    Surprisingly, in leading the appellant’s evidence relating to his understanding of language,

     

    his solicitor appears to have concentrated on his lack of understanding of the meaning of the

     

    word “c***” which, it later emerged, he nevertheless knew to be a term of abuse. However,

     

    he did acknowledge, as recorded at paragraph 28 of the Written Reasons, that he was aware

     

    of the significance of using the adjective “black” in abuse directed at a black player. The

     

    Tribunal regarded his version of events as “an inherently improbable account”.

     

    [18] Although a Bulgarian interpreter was present at the Disciplinary Tribunal hearing

     

    and at the appeal hearing, the appellant gave his evidence in English before the Disciplinary

     

    Tribunal. That was consistent with the submission made by Mr O’Donnell to the Disciplinary

     

    Tribunal that the appellant spoke good English and would fully understand the proceedings.

     

    In the end, as can be seen from the preceding paragraph, the Tribunal took account of the

     

    evidence that was presented about the appellant’s comprehension of the language in issue.

     

    [19] Following their analysis of the competing accounts of events given by Logan and the

     

    appellant, the Disciplinary Tribunal stated that they preferred the evidence of Logan and

     

    introduced the remainder of their explanation of their determination with the word

     

    “Accordingly”. The Appellate Tribunal do not consider that that formulation indicates that

     

    the Disciplinary Tribunal simply formed a view on the credibility and reliability of the

     

    evidence of Logan and took nothing else into account. It is plain throughout the record of

     

    the evidence in the Written Reasons that the Disciplinary Tribunal had the nature and gravity

     

    of the allegation in mind. Indeed in challenging the Tribunal’s specific reference to the

     

    “seriousness of the offence” in explaining the sanction, Mr Keen’s submission was that the

     

    misconduct alleged fell at the Lower End of the catalogue of possible contraventions of Rule

     

    202. It is also clear from the Disciplinary Tribunal’s account of the cross-examination of

     

    Logan that they proceeded on the basis that the appellant’s case was that Logan was

     

    mistaken.

     

    [20] The Appellate Tribunal also consider that the Disciplinary Tribunal took account of

     

    the other evidence in the case in an appropriate way as supportive of the credibility and

     

    reliability of Logan. They specifically make reference to doing so following the use of the

     

    word “Accordingly” in paragraph 35. His reaction at the time and the consistency between

     

    his account of events in the immediate aftermath of the incident and other evidence in the

     

    case were features that the Disciplinary Tribunal were entitled to regard as providing

     

    support for the credibility and reliability of his account of the incident.

     

    [21] They had regard to the content of the evidence of both the appellant and Logan, the

     

    impression each made on them, Logan’s reaction to the incident as observed by others, the

     

    degree of consistency between Logan’s account of his reaction to the comment and his

     

    subsequent action in reporting it and that of other witnesses and what the video clips

     

    showed, and the nature of the incident. It is clear that the Disciplinary Tribunal took account

     

    of all relevant evidence, and left out of account irrelevant considerations (such as the

     

    weather conditions), in deciding whether the case had been made out on the balance of

     

    probabilities and were particularly conscious that a determination of excessive misconduct

     

    could only be made if that standard was satisfied. But in the end the crucial finding in the

     

    case was the finding that Logan was not only a credible witness but more particularly that he

     

    was also a reliable witness. Clear and entirely adequate reasons for making that finding and

     

    for concluding on the balance of probabilities that the appellant committed the alleged

     

    misconduct are set out in the Written Reasons. The Appellate Tribunal accordingly affirm

     

    the determination of the Disciplinary Tribunal that the appellant used offensive, insulting

     

    and abusive language of a racist nature in breach of Rule 202.

     

    Decision on Sanction

     

    [22] The Appellate Tribunal read paragraph 37 of the Written Reasons as stating that the

     

    racist nature of an abusive remark is, in the context of the whole catalogue of aggravating

     

    factors listed in Rule 202, a significant aggravating factor. There is nothing in that paragraph

     

    to suggest that the Disciplinary Tribunal were viewing the racist nature of the abuse as a yet

     

    further aggravation of excessive misconduct which itself consisted of abuse already

     

    aggravated by the racist nature of the remark. The sole issue in relation to sanction is,

     

    therefore, whether the punishment imposed was excessive having regard to the misconduct

     

    involved.

     

    [23] The appellant’s own statement in evidence that he would not use language of the

     

    kind in issue and his acceptance that there is no place for racism in football are eloquent

     

    testament to the seriousness of such an offence. In Scotland, as in countries throughout

     

    Europe, domestic football is an international sport, played and coached by personnel from

     

    all over the world. Racism in football is condemned worldwide and should be met with a

     

    penalty that is designed to impose appropriate punishment and to deter the abuser and all

     

    in the game from committing misconduct of this nature. Against that background the

     

    Appellate Tribunal are in no doubt that the Disciplinary Tribunal were entitled to regard the

     

    case as falling somewhere between Mid Range and Top End. In the event, and applying the

     

    reduction of two weeks for mitigating circumstances, the sanction imposed fell into the Mid

     

    Range. The Appellate Tribunal do not consider that to be excessive and affirm the decision

     

    of the Disciplinary Tribunal to impose a seven match suspension.

     

    Postscript

     

    [24] The Appellate Tribunal note that in accordance with normal practice the identities of

     

    the Disciplinary Tribunal members remain confidential. However the Appellate Tribunal also

     

    note that to date the terms of the Written Reasons of the Disciplinary Tribunal have

     

    remained confidential. The Appellate Tribunal are not aware of any particular reason why

     

    that should be so in this case. There has inevitably been ill-informed speculation about the

     

    reasons for the Disciplinary Tribunal deciding to uphold the complaint and impose a seven match

     

    suspension. Against that background the Appellate Tribunal consider that it would be

     

    in the interests of the parties, in the interests of the wider football community, and in the

     

    general public interest to publish this decision and the terms of the original Disciplinary

     

    Tribunal decision, thus ensuring that any ensuing debate is well-informed. The Appellate

     

    Tribunal, therefore, suggest to the SFA that they should exercise their discretion in terms of

     

    paragraph 17.5.2 of the Judicial Panel Protocol to disclose both decisions and the reasons

     

    therefor.

     

    Iain Bonomy,

     

    Chairman, Judicial Panel Appellate Tribunal,

     

    16 December 2014

  21. Ive read in a few places that Tonev apparently called Logan a black c*nt but given that Tonevs’ english is broken at best he probably doesnt know what the word c*nt means.

     

     

    Therefore how could he have possibly said it

     

     

    Corruption in this masonic country is unbelievable

  22. weeminger

     

     

    14:54 on 16 December, 2014

     

     

    ernie lynch

     

    14:50 on

     

    16 December, 2014

     

     

    Which doesn’t actually mean Tonev said those words.

     

     

    Do you think it’s relevant that the phrase allegedly used has changed in Logan’s evidence?

     

     

     

    ###

     

     

     

    If anything it lends credibility to it.

  23. Jungle Jim Hot Smoked

     

    14:58 on

     

    16 December, 2014

     

     

    Sorry the discrepancy is in the decision. Logan adamant the phrase was “don’t touch me you black c***” the decision is made on him say “get your hands off me you black c***”

  24. Phyllis Dietrichson on

    one problem I have with the Tonev case – there was a lot of emphasis on wether AT knew the meaning of the C sweary word – he said that he didn’t know what it meant, but also said he had heard it when he played at Villa, thus casting some doubt on his assertion that he didn’t know what it meant. BUT – this was completely irrelevant to the case – he could have used the B sweary word or any other sweary word. What was important was that he allegedly used the word “black” as the descriptor for the sweary word – why was this not examined in more detail?

  25. ernie lynch

     

    15:04 on

     

    16 December, 2014

     

     

    Apologies the discrepancy is on the decision not Logan’s evidence.

     

     

    However you suggest that if it had been the case that Logan couldn’t remember the exact phrase it would make his assertion more credible. I note in courts around the world the inability of a witness to tell a consistent story is held up as the benchmark of reliability.

     

     

    Do you accept that Tonev could have said “Get your hands off my back c***” and been misheard?

  26. mike in toronto on

    Just scrolled through the Tonev decision. I see a few questions about the process. This a very short/over simplified explanation of how these sorts of tribunals and appeals from tribunals work. I hope it is of some assistance. Note, it is very oversimplified, and lacks some nuance, but it paints the big picture.

     

     

    In the courts, civil (e.g., contract) cases are decided on the balance of probabilities (this means that the plaintiff must prove 51% that he is right). In criminal cases, the crown must prove the accused committed the crime beyond a reasonable doubt (no numeric number, but it is very high … say, around 95%). These are cases in court.

     

     

    Administrative tribunals (such as the initial SFA tribunal) are quasi – judicial bodies … that is, they are not courts, but they act in some manner like a court. There are certain principles by which these tribunals are supposed to operate (e.g., the right to be heard is one), but the rules for these bodies are much more flexible, and vary from tribunal to tribunal. Even within on tribunal – and this is the point tonev’s counsel was making – the rules can vary, depending upon the nature of the charge, and the seriousness of the consequences; the more serious the charge and consequences, the greater the degree of protection that is supposed to be given to the person who may suffer the consequences.

     

     

    As you can probably tell, this makes tribunals somewhat frustrating – administrative law (the body of law that covers tribunals) has often been described as ‘nailing jelly to a wall’.

     

     

    Normally, an appeal from the finding of a tribunal can only be made based on certain grounds … usually a legal error. In most cases, there is not an appeal from a finding of fact. Typically, an appeal panel will accept as accurate the findings of fact made by the initial tribunal, and then ask if, accepting those facts, the law was applied correctly.

     

     

    That meant that it was not necessarily open to the appeal tribunal to substitute its finding of facts. They checked basically to see if, having made a decision (as the origianl panel did – that Tonev said something bad), was there some evidence on which it could have made the decision. If no, the decision should be set aside. Here there was some evidence (the Aberdeen player’s evidence).

     

     

    The next question (and this was Tonev’s key point) was whether, given the serious nature of the charges and the consequences, the standard of proof should have been closer to the criminal standard, rather than the simple ‘more likely than not’). The tribunal held that the reasons of the original panel demonstrate that they were alive to this issue, and having considered it, the appeal didn’t make a legal error (which, failure to consider the issue at all would likely have been).

     

     

    As far as the length of the suspension, the appeal tribunal noted that it is within the scope of penalties allowed, so they cant say that the original panel erred (whereas had they imposed a penalty not permitted, this would have been grounds for reversal).

     

     

    frankly, given how much flexibility is given to tribunals, and the limited scope of review avaialbe on appeals, I always thought the chances of success on this appeal were quite slim.

     

     

    I have sympathy with Tonev, and understand his counsel’s argument that such a finding could have great consequences, and so, should have attracted higher protections. I am not arguing for or against that position. I am simply trying to explain how and why the appeal panel has ruled as it did.

     

     

    As I said, I have oversimplified administrative law (the law governing tribunals) greatly, but I hope this helps in understanding the process.

     

     

    I will be on and off the blog today, but will try to check in and see if there are any questions/concerns.