Is it true Aguero can't be banned? (Update P43)

[Dirty Harry]

Re: Is it true Aguero can't be banned?

From an FA handbook

When is The FA prevented from taking action?

FIFA guidelines aimed at avoiding the “re-refereeing” of matches generally prevent The FA from taking disciplinary action on incidents which are seen and dealt with at the time by the match officials (this includes taking no action). As a general rule, if the match officials see an incident and have jurisdiction to take action, The FA cannot act retrospectively.

For instance, these guidelines prevent The FA from upgrading/downgrading yellow and red cards based on retrospective advice provided by the match referee.

Key words in bold/get-out clauses for the FA.

 

[George Hannah]

Re: Is it true Aguero can't be banned?

I think it was quite clear that Sergio was trying to jump over him

About as clear as mud.
It was absolutely undeniable that Aguero intended to hurt Luiz. He clearly had two feet together and aimed his feet to the arse and lower back of Luiz.
Nothing wrong with sticking up for your man but you can't deny truths.

No Nip, you don't understand, his take off was impaired by the unpleasant sight of Luiz's posterior.

 

[NipHolmes]

Re: Is it true Aguero can't be banned?

I think it was quite clear that Sergio was trying to jump over him

About as clear as mud.
It was absolutely undeniable that Aguero intended to hurt Luiz. He clearly had two feet together and aimed his feet to the arse and lower back of Luiz.
Nothing wrong with sticking up for your man but you can't deny truths.

No Nip, you don't understand, his take off was impaired by the unpleasant sight of Luiz's posterior.

I'd sooner have a go on Luiz and Maradona's spawn!

 

[Dubai Blue]

Re: Is it true Aguero can't be banned?

Unless they want to, in which case the above can be ignored and the FA can do whatever they want, for proof see Ben Thatcher.

Unless ben thatcher try to kill someone

Irrelevant.

He committed a foul, the referee saw it, gave the freekick, and booked Thatcher. Under the rules stated above the FA CANNOT do anythign about it. However they did, they retrospectively gave him a red card and an 8 game ban! I'm not saying he didn't deserve it, he did, it was a shocking elbow, but the FA proved in retrospectively banning Thatcher that, if they wanted to, they can ignore all these "the ref saw it, it's out of our hands" bullshit and actually do something about it.

Wasn't the upshot of the recent McManaman case that the rules were changed/clarified last summer with the agreement of all the clubs. i.e., nothing that is 'on the ball' and seen by any of the officials can be retrospectively acted on, no matter how serious it is.

The point was made by the FA when defending their decision on McManaman that even Ben Thatcher wouldn't have been punished under these new rules.

 

[TueartsOHK]

Re: Is it true Aguero can't be banned?

From the Telegraph article he says: "As Foy saw the earlier Aguero challenge, the FA is unlikely to punish the Argentine."

I think the reporter is making the assumption that as a free kick was awarded it won't be looked at again. Unfortunately the media have highlighted the incident so much that I suspect Foy will say he awarded the free kick based on what he saw but he didn't see the Aguero's 2 footed stamp.

I don't think we've got a leg to stand on with this one. Aguero was stupid and we count our blessings that he wasn't sent off during the game.

 

[Joehannes]

Re: Is it true Aguero can't be banned?

He should be banned. Horrible challenge and so unlike him. Can see his expression change just after Luiz throws out an elbow, which he blocked.
That said, Torres should be banned too although I don't think either will as Foy saw both incidents.

 

[Prestwich_Blue]

Re: Is it true Aguero can't be banned?

From the Telegraph article he says: "As Foy saw the earlier Aguero challenge, the FA is unlikely to punish the Argentine."

I think the reporter is making the assumption that as a free kick was awarded it won't be looked at again. Unfortunately the media have highlighted the incident so much that I suspect Foy will say he awarded the free kick based on what he saw but he didn't see the Aguero's 2 footed stamp.

But then he did "see" it so they can't act.

 

[Matty]

Re: Is it true Aguero can't be banned?

From the Telegraph article he says: "As Foy saw the earlier Aguero challenge, the FA is unlikely to punish the Argentine."

I think the reporter is making the assumption that as a free kick was awarded it won't be looked at again. Unfortunately the media have highlighted the incident so much that I suspect Foy will say he awarded the free kick based on what he saw but he didn't see the Aguero's 2 footed stamp.

But then he did "see" it so they can't act.

Now when has that ever stopped the FA? Webb clearly saw, and indicated that he'd seen, the Balotelli kick out at Scott Parker last season, come the final whistle he'd suddenly "not seen" it and a 3 match ban was handed out.

 

[TueartsOHK]

Re: Is it true Aguero can't be banned?

From the Telegraph article he says: "As Foy saw the earlier Aguero challenge, the FA is unlikely to punish the Argentine."

I think the reporter is making the assumption that as a free kick was awarded it won't be looked at again. Unfortunately the media have highlighted the incident so much that I suspect Foy will say he awarded the free kick based on what he saw but he didn't see the Aguero's 2 footed stamp.

But then he did "see" it so they can't act.

We don't know what Foy saw though do we? Only that he saw something that prompted him to give a free kick? Trouble is it's trial by media now and the clip of Aguro was even being shown on the evening news with the report on the game.

 

[Eds]

Re: Is it true Aguero can't be banned?

Anyone have the Torres challenge?