City Raider said:
The FA statement added: "The penalty is suspended until after the outcome of any appeal, or the time for appealing expires, or should Mr Suarez decide not to appeal."
They've got to make a quick decision then, if he accepts the ban and misses tomorrow night, he's back for the 2nd leg of the semi, if he plays tomorrow night he misses both legs
This is the FA statement:
An Independent Regulatory Commission has today [Tuesday 20 December 2011] found a charge of misconduct against Luis Suarez proven, and have issued a suspension for a period of eight matches as well as fining him £40,000, pending appeal.
On 16 November 2011, The Football Association charged Luis Suarez with misconduct contrary to FA Rule E3 in relation to the Liverpool FC versus Manchester United FC fixture on 15 October 2011.
A hearing took place from 14-20 December 2011 before an Independent Regulatory Commission of The FA to consider the charge.
The Independent Regulatory Commission announced its decision on 20 December 2011, which is as follows:
1.Mr Suarez used insulting words towards Mr Evra during the match contrary to FA Rule E3(1);
2.the insulting words used by Mr Suarez included a reference to Mr Evra's colour within the meaning of Rule E3(2);
3.Mr Suarez shall be warned as to his future conduct, be suspended for eight matches covering all first team competitive matches and fined the sum of £40,000;
4.the [penalty] is suspended pending the outcome of any appeal lodged by Mr Suarez against this decision.
The Independent Regulatory Commission will provide written reasons for its decision in due course setting out:
(a) the findings of fact made by it;
(b) the reasons for its decision finding the charge proved; and
(c) the reasons for the penalty.
Mr Suarez has the right to appeal the decision of the Independent Regulatory Commission to an Appeal Board. An appeal must be lodged within 14 days of the date of the written reasons for the decision.
The penalty is suspended until after the outcome of any appeal, or the time for appealing expires, or should Mr Suarez decide not to appeal. The reason for this is to ensure that the penalty does not take effect before any appeal so that Mr Suarez has an effective right of appeal.
Some points to note:
first, the time for the appeal is 14 days, but that starts to run only when the written reasons for the decision are published. My guess is that that will be soon, but still the appeal period does not start today.
secondly, time limits for appeals etc usually do not take notice of Christmas day and other bank holidays. So even if the written reasons are out tomorrow, the time for an appeal will not expire for 17 days after that - ie until 7th January. More realistically, the written decision will come out at some point in the next 2 weeks and he will have 14 days (plus bank holidays, if any) to appeal from then on. During that time, the suspension does not kick in, so he probably will be available for the league game against us and maybe the first leg as well.
thirdly, Liverpool can manipulate when the appeal process runs from. If they want, they can accept tomorrow that Suarez wont appeal. That means the 8 game ban starts with immediate effect, covering the pre Xmas, Boxing day and new years fixtures. As I reckon it, that would mean he was back for the 2nd leg of the CC, subject to any other ban he might receive for the Fulham incident. On that, having banned him for 8 games for this, I can imagine the FA wouldn't be keen to ban him further for a separate incident.
fourthly, this hearing took five days, at which the FA and Liverpool had some shit hot QCs. the written reasons will be long, as they need to dissect Liverpool's evidence about cultural reasons why Suarez called Evra whatever he did. Liverpool will put in their reasons for an appeal, the FA will respond. In short, the appeal hearing could easily be two months away. The 8 game suspension does not commence until the appeal is concluded. What this means is that if Liverpool appeal and lose, Suarez would be available for the CC semi against us but maybe not for the final - if the appeal is heard before then. Liverpool's big decision is whether to prioritise the league or the CC. If their priority is the league, they won't appeal and 3 cup games will be used to soak up part of the total 8 games he's suspended for (2 vs us, & FAC vs Oldham at home). So he is missing for 5 league games only. But if their priority is a trophy, appealing would mean he is available against us and maybe the final too, maybe not, depending on when the appeal is heard. But the final is against either Cardiff or Palace, who the dippers should turn over (if they get past us) even without Suarez.
They also need to remember that a frivolous appeal might lengthen any suspension, as it did with Camelface when they appealed so he could play us in the CC semi 2 years ago. That decision cost Taggart the title that season, as I recall it.
I can imagine that given the choice, the dipper fans would say they want silverware. I'm not sure the directors would see it the same way - being out of the Champions League is hurting them financially to the tune of 30-40m a year.