415. Mr McCormick emphasised that we have a discretion as to whether to increase or reduce the penalty from the entry point. He accepted that if Mr Suarez had been sent off for insulting language, he would be automatically suspended for the next two first team competitive matches. He suggested that he could not take issue with a two match suspension as the entry point.
416. Mr McCormick then responded to the FA's submissions on mitigation. As for the notion of deterrence, Mr McCormick submitted that our penalty would be known fairly promptly by people interested in football. The deterrence for others would lie in the knowledge that if they used inappropriate words then they would end up before a Commission and be punished.
417. So far as Mr Suarez's international status is concerned, Mr McCormick submitted that because of this the damage to his reputation would be all the greater, which would
amount to a punishment for him without the need for an increased sanction to reflect that status.
418. Mr McCormick submitted that we should decide on the penalty that we considered appropriate, having regard to any mitigating factors, and not be concerned with how that penalty might be interpreted by the wider public in terms of the message sent out as to the importance attached by the FA to anti-racism campaigns.
419. Mr McCormick did not accept that the fact that this was a match between Liverpool and Manchester United should affect the penalty. He submitted that those watching the match would not have understood that Mr Suarez had used insulting words referring to Mr Evra's colour, and that it was Mr Evra's interview on Canal+ and his reference to "ten times" that had brought matters into the public domain. Mr McCormick did not accept that criticism of Mr Evra in the media and on social networking sites could be laid at the door of Mr Suarez.
420. Mr McCormick then advanced a number of points of mitigation on behalf of Mr Suarez. First, he pointed to the fact that the conversation and aggression in the goalmouth was started by Mr Evra.
421. Secondly, Mr McCormick pointed to a number of factors in Mr Suarez's experience. These had been deployed by him in support of Mr Suarez's denial of the Charge. He now relied on them for mitigation. Mr Suarez is from a mixed race family background, and his
grandfather was black. That showed, Mr McCormick submitted, that the potential
consequences of our decision are all the worse for him. He grew up in a town and then a
city where there were lots of black people. He had no problems with them and had many
black friends. It was important to emphasise this point lest Mr Suarez be unfairly and
unjustifiably portrayed as a racist as a result of our decision.
422. Mr McCormick submitted that when Mr Suarez played for Ajax, the squad featured a
number of black players. He never had any problems with them, used to socialise with a
number of them and they became good friends. He was made Club captain. This would
not have happened had he displayed any racist tendencies. Mr Suarez plays alongside
black players in the Uruguay national team and has no problems with them. They and
their families mix together when on international duty.
423. Mr McCormick referred to Mr Suarez's involvement in the charitable enterprise following the World Cup in South Africa to which we have already referred in paragraph 340 above. The central theme of the film that was made is that the colour of a person's skin does not matter, they can all play together as a team. The allegations made by Mr Evra had distressed Mr Suarez as evidenced by his postings on Twitter, Facebook and his website soon after the allegations became public.
424. Mr McCormick placed reliance on the fact that there was nothing presented to us to suggest any history of racist behaviour by Mr Suarez. Mr McCormick said that Mr Suarez felt shame and embarrassment not only in terms of his family but also the Uruguayan people, whom he felt he had let down. Mr McCormick stressed that Mr Suarez did not mean the word "negro" in the way that Mr Evra took it.
425. In the light of all these circumstances, Mr McCormick submitted that we could not be justifiably criticised if we took the view that Mr Suarez will undoubtedly have learned his lesson, that he will speak very carefully to people in future, certainly on the pitch in a game of football in England, and that we did not see the need for an increased sanctionabove the entry point of two games.