CASE 6454980M
The Football Association/West Riding FA.
V
Richard Bates (58620753) Manager/Coach Queensbury Celtic U16. FC.
Hearing date 19th January 2015 (Non-Personal)
Written Reasons for Decision.
Commission Members:



Mr. M J Woodhams (Appointed by the FA)
Mrs Jacqueline Seed.(Council Member) (Appointed by the West Riding FA)
Mr Jack Stott JP. (Local Anti-Discrimination Panel Member)
Secretary: Mr John Riordan (West Riding FA-Staff-Governance Manager)
Charge:
The Manager/Coach of Queensbury Celtic Under 16 team Richard Bates was charged under FA Rule E3 (2) Improper
Conduct in that it was alleged:
(1) He used abusive and insulting language to an opposition player; and that
(2) The language used was aggravated by reference to the player’s skin colour and ethnicity.
(3) The alleged comment was “Black Bastard”.
FA Rule E3 (2) Improper Conduct-aggravated by reference to Ethnic Origin, Colour, Race, Nationality, Faith, Gender,
Sexual Orientation or Disability.
Fixture:
Meltham Juniors (U16) v Queensbury Celtic Colts (U16)
At Broadlands Rec. Ground.
9th November 2014.
Details:
Charge letter was sent 5th December 2014 by West Riding County FA to Mr Robin Naylor Hon Sec. of Queensbury Celtic
FC.
A complaint was raised with the West Riding County FA about an incident in the above game when an alleged comment
was made.
The West Riding County FA conducted a full and thorough investigation and collated all the evidence.
On the 5th December a charge letter was raised against Mr Richard Bates via the Club Secretary with all the relevant
details and statements.
On the 19th December West Riding FA received the reply to the charge letter.
Mr Richard Bates ticked the Box “I am pleading GUILTY to the charge and accept the report on which it is
based…enclosed with the documentation I wish to be considered by a Disciplinary Commission as to my punishment”.
As a result the County FA set up a non-personal Hearing for 11.00a.m. Monday 19th January 2015 to consider all
the facts and make a determination.
Before the Hearing began to look at all the evidence the Chairman sought clarification from the Secretary.
(1) In view of remarks made in some of the paperwork that there was Police involvement the Chairman asked the
Secretary if there had been any formal request by any party involved or the Police for there to be a postponement
of the Hearing. The Secretary confirmed no such request had been made. The person charged had made it clear
he was happy for the Hearing to continue as planned.
(2) The Chairman asked if there had still been no statement from the Player to whom the remark had been made. The
Secretary confirmed no such report/letter had been forthcoming.
The Commission therefore continued to deal with the case.
All the documents from both Clubs - (Players ,Parents and Supporters) , the report from the Match Referee and Character
references and supporting mitigating evidence supplied by Mr Richard Bates were fully discussed and considered by the
Commission.
Much of this evidence, reports and correspondence was to do with the injury to another player, the events that lead up to
the alleged remark being made and the circumstances surrounding it and all the events that followed.
Whilst this was all very helpful to build up a full picture of the events on the day (and in the main corroborated in most of
the detail from persons from both Clubs) there was no dispute as to what was said and to whom and by whom.
Brief Summary of the events taken from all the various statements from both clubs.
The whole thing started just before half time when a Meltham player made a tackle (some would argue unfair and over
heavy) on a Queensbury player (Sam Harris) causing him to collide with railings around the pitch. Clearly the player was
badly injured, the Referee the coach/manager Mr Richard Bates and some Parents ran across the pitch to give assistance.
It was agreed an ambulance was required and Mr Bates reached into his pocket for his phone-only to find it was missing.
Another parent used their phone to call an ambulance. The Referee blew for half time at this point. Mr Bates then left the
injured player with the Referee and Parents to go and try to find his phone.
Several people told Mr Bates that they had seen one of the Meltham Players put his foot over the phone when it fell out of
Mr Bates’ pocket and then bent down to pick it up-they thought he was going to return it to Mr Bates but instead a few
minutes later they say they saw him putting the phone into his bag.
Mr Bates, a Parent (Lady) and one of his own players who had seen the opposing player picking up the phone went over
to where the Meltham players and the Manager were. Mr Bates began by asking for his phone back and asking for
players to check their bags. He was also not happy as he thought some of the players were laughing at his injured player.
He asked the opposing Manager to assist with finding the phone and bringing the players to order but says he got no
help/support.
When he pointed out the player who his witnesses stated they had seen pick up the phone (Declan Moses) the player reacted by saying you only picked me out because I am black. He was refusing to either check his bag or have his bag
checked.
Mr Bates was still trying to get some help with his problem when it appears to have become a little more heated. It ended
up with Declan Moses picking up his bag and running off.
At this point Mr Bates shouted to the player “Come Back you BLACK BASTARD”. Some say he chased him for a
distance others that he only went a few paces and then stopped. Getting nowhere Mr Bates returned to the injured player
and referee. He admitted to the referee and other witnesses what he had just said and they all said he was very remorseful
and sorry for what he had just said but was very worried about the loss of his phone and disrespect of his injured player.
This was all confirmed in various reports/statements.
There was a discussion about the match. Meltham wanted to continue once player had been taken away. Mr Bates said
his players were in no mood to continue with their player still lying on the floor injured waiting for an ambulance. The
Referee abandoned the match.
After the player had been taken away in the ambulance, Players,Parents and Supporters of Queensbury Celtic spent time
looking everywhere to see if they could find the phone including looking to see if it had been thrown in the adjoining
street. It has never been found.
There was no statement from Declan Moses as he did not turn up for the next club training session.
Consideration:
(i)
(ii)
(iii)
Firstly the Panel Members agreed that the remark made was insulting.
Secondly the Panel Members agreed that the remark indeed was aggravated by Colour/Ethnicity.
Thirdly the Panel noted that Mr Bates knew right from the outset that what he had said was not acceptable and
all the written statements from all Parties corroborated (a) what was said and (b) that Mr Bates acknowledged
right away that what he had said was not right.
Therefore the Commission agreed that the charge as made was proven as accepted by Mr Bates.
Then the Commission had to consider aggravating factors:
(i) That the remark was made by a responsible adult (Manager/coach) responsible for young persons to a young person in
an already difficult, tense, and highly charged situation.
Mitigating factors:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
(viii)
Mr Bates was at the time very concerned about the injury to his player and not able to phone for an
ambulance as his phone had disappeared.
His belief that the opposing players were laughing at/about his injured player.
His belief that the opposing Manager was not interested in his injured player.
His belief that the opposing Manager was neither interested in his lost phone nor trying to address the issue of
trying to find it.
His concern because he had players/parents of his own Club saying they had seen an opposing player pick up
the phone when it was dropped as he ran to attend to the injured player and then conceal it.
His concern because the opposing players and manager were not helping to check that the missing phone had
somehow got put in a bag.
The player who the witnesses alleged they had seen pick up the phone and put it into his bag was very
unwilling to help, indeed he ran away.
The realisation to Mr Bates that this was not just his phone but his working tool for work as it had lots of
contacts/details etc that would now be lost for ever. Indeed it was an expensive item.
Whilst all these factors do not excuse the use of the words used his acceptance of all this made it easier to accept Mr
Bates’ assurance that this was a slip under great pressure and the assurances by all his witnesses and character references
that this was not his normal behaviour and he deeply regretted it then and now.
Sanction:
The Secretary advised that Mr Bates had no previous record at all.
Having considered the Aggravating Factor above and all the Mitigating Factors above, Mr Bates’ remorse, the character
references and the fact that Mr Bates had no previous record at all, it was agreed that the following was the appropriate
sanction:
(i)
(ii)
(iii)
(iv)
That a 5 match ban be imposed.(This would be a Ground Ban-as per FA guidelines)
That a fine of £75 be imposed.
The Mandatory course must be attended.
That 6 penalty points be recorded (County Penalty points system).
In addition and in view of comments made about the injury to the player possibly as a result of some railings round the
pitch the Commission asked that Mr J Riordan as Governance Manager of the West Riding County FA ask the League to
make a pitch inspection to see if there was anything untoward and then see that steps be made to rectify it if that were the
case.
The Commission Members felt they should make this request which Mr J Riordan willingly agreed to in the interests of
the safety of the people using the pitch in view of the concerns raised by a number of the parents and witnesses in the
letters received in this case.
Michael John Woodhams… Wednesday 21st January 2015.