he said it first
It was over the top. A trial, adjourned for five months, lasting five days with dozens of witnesses for a straightforward racially aggravated Section 5 Public Order offence, was extravagant.
Magistrates courts are now under a duty to
keep adjournments to a minimum, list trials for as short a duration as possible,
and restrict the number of witnesses to only those that are essential to the
case, eliminating the repetition of identical evidence. These parameters are part of an
initiative called Stop Delaying Justice, instigated by, amongst others, the District
Judge who presided over this case and who, almost immediately after all
magistrates and court advocates had been trained in its principles, adjourned
the case for five months, set it down for five days and allowed a stream of
footballers and coaches to give, seemingly much the same, evidence.
Anybody with an internet
connection can see a video of Terry shouting out “you f**king black c**t”. To be guilty
of the offence charged, the words must be threatening, abusive or insulting, within
the hearing or sight of a person likely to be caused harassment, alarm or
distress thereby, and they must demonstrate
hostility towards a racial group. Well
the words are hardly complimentary, could well cause distress and if they don’t
reflect a hostility towards a racial group then what do they reflect ? What
phrase, worse than the one he used, would indicate hostility ?
The defence, which the DJ
accepted, was that Terry was just repeating the words. The verdict stated that “what he said was not intended
as an insult, but rather as a challenge to what he believed had been said to
him.” Said to him ? Terry was being called “a f**king black c**t” ? I’m
confused and so will be many footballers (amateur and professional) who will
deduce that such language on the pitch is acceptable if there is any kind of
provocation or doubt as to the reason for the words. But ref I was just
repeating what someone said to me !
I wasn’t in court and it is well
known that the reporting of cases can give a misleading account of the evidence
presented. The highly experienced DJ would have considered everything very
carefully and if there was any doubt in his mind, which there clearly was,
then acquittal was the right decision. That is how it should be and I don’t dispute
the finding, despite the force of the video evidence and the undisputed fact
that Terry did use those words.
But the verdict in this protracted case doesn't really matter. What he said has been publicised and publicly
denounced, with many exceptions of course. It has now been established in a
high profile case that there are situations in which shouting “you f**king black c**t”
is perfectly legal, but nevertheless is surely exceptionally nasty and
disrespectful.
It is for that reason, not the legality or otherwise, that the phrase shouldn’t have been uttered in front of anyone, let alone tens of thousands of people and TV cameras. And it is for that reason that we should condemn the use of those words or words like them.
It is for that reason, not the legality or otherwise, that the phrase shouldn’t have been uttered in front of anyone, let alone tens of thousands of people and TV cameras. And it is for that reason that we should condemn the use of those words or words like them.
Obscene and distasteful swearing
is epidemic in this country, where the most commonly used adjective begins with
the letter f. It should not be too much to expect professional footballers to
set some kind of example by avoiding that kind of language in public, but it
is too much to expect. The quality of spoken English here,
driven by nastiness, disrespect, selfishness, laziness and the lack of any better vocabulary,
is steadily deteriorating and things will get worse, much worse.
And if the question is whether or
not Terry's behaviour was exceptionally nasty and disrespectful, and reflective of
his character, then the verdict is clear and unequivocal.