Monday, 25 March 2013

Criminal law and footballers

Football is of course a physical sport. Heads can bang against each other when two players are aiming an approaching ball, of course. A foot can accidentally remain 'planted' into the ground during a normal type of body check, resulting into a turning knee or ankle, possible. That's all in the game. But what if you use football as an excuse to just lash out to someone? Just for fun, because there's no law?

Let's go back to Sunday March 17 – the horrendous foul made by Callum McManaman during the 1st half between Wigan Athletic and Newcastle United. The action was gross and unnecessary. He stormed in wild with a stretched leg directly aiming the one of Haïdara, who got seriously injured due of that action and had to undergo surgery.

The referee – Mark Halsey – should had shown him a direct red card for that, simple. Instead he decided not to. This might have been because he wanted to lay the responsibility of judgement into the hands of the FA disciplinary commission at Wembley, who could easily investigate the video evidence. However, weird enough Halsey also didn't gave a free kick to Newcastle – making himself look foolish.

Now there is something I am very curious about: if you deliberate kick someone on purpose, being excessively wild in your behaviour that you do not care about the outcome to your action towards someone else – what would it be named according to the law? The law is simple, as secion 18 of the Offences agains the Person Act 1861 will come into force.

It is actually very weird when you think of it that the law doesn't seem to apply for those who are on a football pitch. We again take the Wigan v Newcastle game where there were Police officers ON DUTY who witnessed the assault, who saw Haïdara in serious pain after the attack, and decided not to arrest McManaman. While if you would do something similar (or even milder!) yourself on the streets than you can be assured Police Officers will jump on top of you straight away and take you into custody. But hey ho, not a footballer.

The excuse that it was McManaman début can be rubbished. He has of course never played football in his life before and was still getting used of the feel of the ball. That object he entirely missed while storming in like a 6 year old – was due to inexperience.
And the FA let McManaman escape as they were hiding behind their rule that 'only one match official witnessed the incident'. Fair of course: as did several Police Officers, as did a crowd of more than twenty-two thousand spectators and as well did millions of people world wide who saw it all live on their TV sets.

Let's put on another fine example. Joey Barton his potential head butt during Manchester City v QPR last May would have resulted into an imprisonment of up to 6 months (!) if he did it OFF the pitch. Same counts to Fellaini who planted his head into Shawcross last December. The law even states that if you are being convicted to a head butt for a second time, you could get up to a full year in jail. But of course this does not apply for a footballer.

Footballers got a role model function and should live by those standards. I really want the rules to be changed that if a player is causing a (serious) injury to an other player – the one who does the offence would not be allowed to play any football until the attacked and injured one is fully recovered. In this case it would have ruled out the remaining of Roy Keane's career as his sickening kick on the leg of Alf-Inge Haaland forever ruined his. This is probably the most extreme example, I know, but players do are being 'kicked for joy' quite a lot and my proposal will result into a fairer game in the end.

below - normal challenge, of course

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