Page 97 onwards is the actual verdict
388. Our findings of fact which are directly relevant to the Charge are as follows:
(1) In response to Mr Evra's question "Concha de tu hermana, porque me diste in
golpe" ("Fucking hell, why did you kick me"), Mr Suarez said "Porque tu eres
negro" ("Because you are black").
(2) In response to Mr Evra's comment "Habla otra vez asi, te voy a dar una porrada"
("say it to me again, I'm going to punch you"), Mr Suarez said "No hablo con los
negros" ("I don't speak to blacks").
(3) In response to Mr Evra's comment "Ahora te voy a dar realmente una porrada"
("okay, now I think I'm going to punch you"), Mr Suarez said "Dale, negro,
negro, negro" ("okay, blackie, blackie, blackie).
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(4) When the referee blew his whistle to stop the corner being taken, Mr Suarez used
the word "negro" to Mr Evra.
(5) After the referee had spoken to the players for a second time, and Mr Evra had
said that he did not want Mr Suarez to touch him, Mr Suarez said "Por que,
negro?".
We remind ourselves that the test for a breach of Rule E3(1) is an objective test. That
means that it is for us to form our own view as to whether Mr Suarez's words or
behaviour were abusive or insulting. It is not necessary for the FA to prove that Mr Suarez
intended his words or behaviour to be abusive or insulting. We are concerned with
whether the words or behaviour were abusive or insulting when used in a football match
played in England under the FA Rules. Mr McCormick accepted that we should apply
standards that we consider should be applicable to games played under the jurisdiction of
the FA. We are not deciding whether the words or behaviour would have been abusive or
insulting if used in a match in Uruguay. Nevertheless, we have taken account of the fact
that the words were said in Spanish by a Uruguayan player to a French player who speaks
Spanish. We have also had regard to the Spanish language expert evidence about how
particular uses of "negro" and comments using "negro" would or might be understood in
Uruguay. However, ultimately our task is to decide whether in our view the words or
behaviour were abusive or insulting in the circumstances in which they took place in this
match played in England under the FA Rules.
390. Mr Suarez used the word "negro" in his comments to Mr Evra because Mr Evra's skin
colour is black. In our judgment, Mr Suarez's words were insulting when he used the
word "negro" in each of the comments to Mr Evra which we have identified in paragraph
388 above.
391. Taking each of these comments in turn, and referring to the English translation only in this
paragraph (the full Spanish comment being set out in paragraph 388 above):
(1) Mr Suarez used insulting words in telling Mr Evra that he kicked him because he
was black. We do not believe this requires any elaboration. The Spanish language
experts, whose evidence was accepted by Mr Suarez, said that this comment
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would be interpreted in Uruguay and other regions of Latin America as racially
offensive.
(2) Mr Suarez used insulting words in telling Mr Evra that he did not speak to
blacks. Again, this requires no elaboration. The Spanish language experts said
effectively the same about this comment as they did about the previous
comment.
(3) Mr Suarez used insulting words in saying to Mr Evra "okay, blackie, blackie,
blackie". Here, Mr Suarez was using the word "negro" as part of their argument
in which he was trying to wind up Mr Evra. The Spanish language experts said
that in the context of the previous usages of "negro" and "negros", this usage
would retain its provocative and offensive connotations, even though, in a
different context, the phrase "Dale, negro" could easily be inoffensive in
Uruguay.
(4) Mr Suarez used insulting words when he used the word "negro" when speaking
to Mr Evra just before they were spoken to by the referee for the first time. We do
not know what Mr Suarez said to which he attached the word "negro". However,
given that it was said as part of the continuing confrontation and argument
between the two players, and following the three previous comments when the
word was used in an insulting way, we find that it was also insulting on this
fourth occasion. For a Uruguayan to address a black opponent who understands
Spanish as "negro" in a football match in England, in the context in which the
word was used, is insulting.
(5) Mr Suarez used insulting words when he said to Mr Evra "Why, black?" after the
referee had spoken to them for the second time and Mr Evra had said that he did
not want Mr Suarez to touch him. Again, given that this was said as part of the
continuing confrontation and argument between the two players, it followed the
four previous comments using the word “negro” and, furthermore, given that
Mr Evra had made clear that he did not want Mr Suarez to touch him, in all the
circumstances the use of the word was insulting on this occasion also.
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392. In total, Mr Suarez used the word "negro" or "negros" seven times in the penalty area. On
each occasion, the words were insulting. On each occasion, Mr Suarez breached Rule
E3(1). Accordingly, the Charge is proved.
393. Having found the Charge proved in that Mr Suarez's use of the word "negro" or "negros"
was insulting, we did not find it necessary to consider whether they were also abusive.
394. We make clear that the Charge was not proved in respect of Mr Suarez pinching Mr Evra's
skin. Whilst we considered that action to be reprehensible, we were not persuaded that it
amounted to abusive or insulting behaviour within the meaning of those words in Rule
E3(1). Accordingly, no issue arose as to whether any breach of Rule E3(1) by pinching
included a reference to Mr Evra's ethnic origin, colour or race. In the event, this decision
made no difference to our finding that the Charge was proved. It might conceivably have
made a difference to penalty had we found a breach of Rule E3(1) by pinching and that
this included a reference to Mr Evra's ethnic origin, colour or race. However, that situation
did not arise.
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the verdict^^