Aussie Womens Football Captain Charged With Racial Harassment (crime, lawyers)
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Sam Kerr, the Australian women's captain will face trial on allegations she racially harassed a police officer in London.
The trial won't be until next February and the alleged offense took place back in January 2021.
She apparently vomited in a taxi and refused to pay extra for one assumes the cleaning. When police were called she referred to an officer as 'A Stupid White B'''ard"
Kerr herself is of half Indian origin. I wonder if this will go further? While it may not seem to be a big deal, one should perhaps note the consequences if the culprit was a white person racially abusing a person of colour. Would that be tolerated? We have perhaps become very sensitive to things that may not too long ago have been a fairly common occurrence.
Is it worth court time? Considering the back log in UK with regards to matters being heard probably a fair question to ask? But still the law should apply equally for all surely?
Obviously generating a huge amount of discussion here in Australia. What she said, many think, would not be very offensive here. In some contexts it would be humorous. But it is acknowledged that it did not happen here and the law of the country applies to the behaviour.
My reaction is that sports celebrities would do well to keep off alcohol because so many incidents happen when they don’t.
Obviously generating a huge amount of discussion here in Australia. What she said, many think, would not be very offensive here. In some contexts it would be humorous. But it is acknowledged that it did not happen here and the law of the country applies to the behaviour.
My reaction is that sports celebrities would do well to keep off alcohol because so many incidents happen when they don’t.
The most commonly used element of the Public Order Act relates to Section 5 which is usually in relation to continual use of continued foul language in public, usually following a warning from officers, and the act is also used in relation to aggressive or threatening behaviour.
In terms of Kerr's case, she made reference to the officers ethnicity, and this counts as an aggravating factor, which relates to Section 4A of the Public Order Act.
As you correctly point out, it's a good idea to try and not drink too much and then cause an argument, and it's also worth noting that different laws apply in different countries.
In terms of the Court case, the offence is triable either way, so I assume she chose to have the case put before a Jury at the Crown Court rather than just before a District Judge at the Magistrates.
The charges relate to a summary offence which is aggravated by a racial factor and is punishable with a maximum sentence of imprisonment for a term not exceeding six months, or a fine not exceeding level 5 on the standard scale, or both.
The most likely outcome if found guilty would be a fine, and possible a community sentence, and it's very unlikely that Kerr will receive a custodial sentence.
There is also the possibility that the Jury finds her not guilty or that the case is dismissed.
Either way, I hope she learns a valuable lesson from the experience.
Obviously generating a huge amount of discussion here in Australia. What she said, many think, would not be very offensive here. In some contexts it would be humorous. But it is acknowledged that it did not happen here and the law of the country applies to the behaviour.
My reaction is that sports celebrities would do well to keep off alcohol because so many incidents happen when they don’t.
I've heard it said that here in Australia it would not be taken as offensive. Perhaps that is correct if the person being vilified was of the majority racial back ground, but less so if of another race. Australia can be as politically correct as anywhere else.
One needs to be mindful these days in speech in reference to minority races, Regardless of how innocuous. It wasn't so long ago when quite the opposite was true.
I suspect a simple apology would have found favour with all parties (including compensation to the Cabbie) and all sides move on.
As echoed in another post a waste of court time brought about by a person of considerable ego.
waste of taxpayers money taking this to trial there should be an easier, cheaper way to resolve
The police simply gather the evidence and submit it to the lawyers at the Crown Prosecution Service (CPS) who use the CPS codes for Crown prosecutors in relation to reliability, credibility, admissibility tests as well as the public interest test in order that it can be determined whether or not there is a realistic prospect of conviction if the case goes to trial.
The case would have probably been better suited to the Magistrates but was triable either way, meaning the case can be passed up to Crown Court via a pre-trial Magistrates hearing, with most defendants advised by legal counsel in such circumstances to opt for the Crown Court and a jury, as juries are sometimes more sympathetic to the plight of the defendant and can more easily be manipulated by a good Barrister.
Last edited by Brave New World; 03-08-2024 at 05:51 PM..
Read in an Australian on line journal, Canadian journalist and sports writer Shiven Ahmed, commented ,"A white policeman in London does not have the same systemic power of a racialized lesbian from Australia.
Not really sure why sexual orientation has to do with it.
Meanwhile Victorian University (Australian) professor Mano Peucker, an 'expert' on multiculturalism and Far Right extremism commented, "While there is no doubt that Kerrs alleged remark contained a racist element it could not be classed as racist.
Just how she/he arrived at that conclusion only she/he knows.
Last edited by the troubadour; 03-08-2024 at 06:57 PM..
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