adam and eve it

[joffmiester]

13/07/2012 15:09John Terry case: the judge's conclusions

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Below is the conclusion of the judgment handed down by Judge Howard Riddle in the John Terry case. You can read his full verdict here. MSN has removed some of letters from words used in the trial that could be offensive to some readers.


John Terry and Anton Ferdinand
The prosecution has presented a strong case. There is no doubt that John Terry uttered the words "f***ing black c***" at Anton Ferdinand. When he did so he was angry. Mr Ferdinand says that he did not precipitate this comment by himself accusing Mr Terry of calling him a black c****.

Even with all the help the court has received from television footage, expert lip readers, witnesses and indeed counsel, it is impossible to be sure exactly what were the words spoken by Mr Terry at the relevant time. It is impossible to be sure exactly what was said to him at the relevant time by Mr Ferdinand.

It is not only that all of this happened in a matter of seconds. For a small part of the relevant time the camera's view of Mr Terry was obstructed. We do not have a clear camera view of Mr Ferdinand, sufficient to pick up exactly what he said. No matter how serious the incident looks now, and how crucial the exact wording is now, at the time it was secondary to the key witnesses.

They are professional footballers in the final minutes of a game where the result mattered to them both. They would naturally concentrate on the game more than on exactly what had been said to them or by them. There was the noise of the crowd. There is the fact that towards the end of a game players are not only physically tired (as Mr Carter-Stephenson pointed out) they are also mentally tired. I don't need evidence to tell me that.

It is a crucial fact that nobody has given evidence that they heard what Mr Terry said or more importantly how he said it. He has given effectively the same account throughout. Insofar as there are discrepancies in his account, they are understandable and natural. He says that he was himself wrongly accused by Mr Ferdinand on the pitch of calling him a black c***. He has maintained that from the beginning.

Mr Ashley Cole has corroborated that it was mentioned to him during the game. There is no doubt that reasonably soon after the game he made the accusation to Mr Ferdinand. He confirmed that basic account in a statement on the evening of the match. He gave a very detailed account to the FA and later to the police.

He gave evidence to that effect in this court. There have been minor discrepancies in the account. It seems likely that his belief that he was wrongly accused on the pitch has strengthened as time goes by, and I have discussed that above. However, his account has been subject to the most searching and thorough questioning on at least three occasions. Nobody has been able to show that he is lying.

The lip readers do not provide evidence that categorically contradicts his account. What may at first sight have seemed clear to the non-expert, is less clear now. There are limitations to lip reading, even by an expert. I have assessed John Terry as a credible witness.

Weighing all the evidence together, I think it is highly unlikely that Mr Ferdinand accused Mr Terry on the pitch of calling him a black c***. However I accept that it is possible that Mr Terry believed at the time, and believes now, that such an accusation was made. The prosecution evidence as to what was said by Mr Ferdinand at this point is not strong. Mr Cole gives corroborating (although far from compelling corroborating) evidence on this point. It is therefore possible that what he said was not intended as an insult, but rather as a challenge to what he believed had been said to him.

In those circumstances, there being a doubt, the only verdict the court can record is one of not guilty.

Read the judge's full verdict here
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[joffmiester]

[Dodge]

Both Terry and Ferdinand now facing serious disrepute charges from the FA ...... if found guilty both face lengthy bans from the game .

[Mugger]

The FA have put themselves in a very dangerous position by bottling it in the first place and waited till after the trial.
If they ban him after being found NOT GUILTY in a court of law, the lawyers will have another field day.