Uefa left vulnerable with strong racist stance

Not many are backing Nikola Mijailovic over alleged racism towards Blackburn forward Benni McCarthy, in a case that has been subsequently resolved with a five-match ban for the defender from Uefa – who appear very keen to enforce their words lamenting racists in the game.

The Serbian defender, in spite of his reprimand, may deeply resent the claim that he is a racist person. What is said or done on the pitch is not usually a fair representation of a players’ character, such is the atmosphere and pressure on footballers to succeed. Needless to say, there is no excuse that reasons such behaviour.

Whatever the truth of the matter is, concerning Blackburn’s match in Poland at Wisla Krakow, Uefa’s hastiness in handing out a convincingly severe sentence with, apparently, no proof leaves the organisation open to challenge: from players, the CAS, and even courts of law.

Match referee Stefan Johannesson might have played an integral role in finding Mijailovic guilty, with Uefa stating, at the time of the complaint, that it would be very difficult to find compelling evidence: it would be one players’ word against another.

Uefa spokesperson William Gaillard admitted: "We have no reason to doubt Benni's word; he has been in the game for a long time now, playing at the top level. But the problem will be finding hard evidence to pass any sanctions."

The FA’s Adrian Bevington said: "Unfortunately we have seen the recent trend where, when our clubs have gone away in Europe or the national side has gone away, we've seen them encounter situations of racism."

Those that follow cricket will know all about the scandal surrounding umpire Darrell Hair’s personal decision over the state of a cricket ball – judging that it had been illegally tampered with by Pakistan and causing mass uproar in the process. He had no evidence to rely on, and is now set to depart the international stage as a result.

Therefore, unless the referee is certain he heard racist remarks, of which there has been no indication from Uefa, European football’s governing body has opted to have faith in McCarthy’s word – with no reason not to – and the five-game suspension backs this. But what will happen if Mijailovic appeals? Can and how will Uefa justify their verdict?

The Serb believes he is innocent: "Both of us were swearing but there was no racist abuse at all," the 24-year-old told Serbian newspaper Kurir. "Investigation will show I'm innocent, everything can be seen on tape." The tape is unlikely to reveal much that can close this case, and certainly not as blatantly as Marco Materazzi’s words to Zinedine Zidane during the World Cup final, which were interpreted across the world (albeit wrongly in most cases).

Materazzi was handed a two-match ban for ‘provocation’ rather than the actual remarks – a Fifa ruling that could hardly be contested.

McCarthy did complain at half-time to the referee, to aid his case, yet the taunts continued. Piara Powar, a spokesman for anti-racism campaigners Kick It Out, said: "It seems that Blackburn and other officials were able to produce eye-witness evidence, allowing action to be taken."

There was no question of a confrontation and verbal exchanges, but were specific racist insults heard or have Uefa decided that technicalities can no longer play a role when the racism trend is struggling to be curbed?

Mijailovic will now miss the rest of the Uefa Cup group stage, and a further two matches beyond that – likely to be in Wisla’s next European campaign after the home defeat to Blackburn. The Serb is well advised not to appeal and drag out the procedure, further sullying an already trashed reputation.

Should the ban stand, Uefa has sent out a welcome message. The times of meagre fines for associations (like the Spanish FA following the match with England) and inaction on complaints may be at an end. A ruthless stance has to be enforced in order for a consistent problem to be brought under greater control.

Uefa, though, must ensure that they can prove guilt beyond reasonable doubt and remain pragmatic when dealing with these high-profile cases. In McCarthy’s case, this seems to have been implemented, and a further step has been taken in reducing racism in the game.