Burnley FC: FA release written reasons behind Milutin Osmajic's 9-game ban
The FA’s written reasons for the nine-match ban handed down to Preston North End’s Milutin Osmajic have now been released.
It was found on the balance of probabilities that the 26-year-old racially abused Burnley’s Hannibal during the 0-0 draw between the two sides at Deepdale in February.
Osmajic has also been fined £21,000 and ordered to attend an education programme.
In March, the PNE man was charged with acting in an improper manner, and/or using abusive and/or insulting words contrary to rule E3.1. It was further alleged that this breach of rule
E3.1 is an “aggravated breach,” as it includes a reference, whether express or implied, to colour and/or race.
According to the judgement, Hannibal accused the Montenegro international of saying “f**k you, f**k your black mother” following a coming together during the second-half. Osmajic, however, denied the claims, suggesting he instead said: ”f**k you, f**k you bad man”.
During the hearing, Osmajic’s counsel confirmed that his client’s case is not that Hannibal is lying, but that he was mistaken when he claimed the words “black mother” were used.
Background
A two-day hearing took place on September 23 and 24, where the commission heard evidence from a number of people, including Osmajic, Hannibal, Burnley boss Scott Parker and the match officials. Evidence from an expert lip reader was also provided.
At the time of the incident, which occurred in the 57th minute, Hannibal and Osmajic competed for a ball from a long kick forward.
Hannibal admits to laughing at Osmajic for a poor first touch “to wind him up”. He then got closer to Osmajic and gave him a nudge in the back before running back to get into position, as the ball had gone out of play.
Hannibal continued to laugh as he walked away, which is when Osmajic is accused of saying: “f**k your black mother”.
At this stage, Hannibal stopped laughing and his face completely changed. He claims the words were said in an aggressive tone and at a normal volume, and that he heard it very clearly. He’s certain that Osmajic used the term “black mother”.
Hannibal went straight to the referee and told him what had just been said to him, which prompted a prolonged stoppage in play.
“The commission were all struck by the nature of HM’s reaction and the immediate and determined nature of his complaint,” the judgement reads.
“We are satisfied that by that time HM believed something had been said to him which he found deeply insulting and abusive. HM was, from that point on, obviously very upset and animated as a result.”
Hannibal was later substituted by Parker around the 70th minute after being booed by the PNE fans, which upset the midfielder further.
Evidence
The commission set out it was not required to determine whether Osmajic is a racist or not, rather what it’s claimed he said was true.
Both referee Andrew Kitchen and fourth official Aaron Jackson provided statements. Neither heard what was said on the pitch.
After being called to see the referee and the officials after the game, Osmajic said: “I play with two players here, my two friends, Cadiz six friends, black friends”. He instead argued he said: “f**k you, f**k you bad man.”
He also said he “has too much [sic] black friends”. “He’s lying” and “I’m angry” he added. “I promise my baby, I said f**k you, f**k you bad man”.
A character reference was provided by Osmajic’s Preston teammate Duane Holmes, who was not playing due to an injury but was watching from the stands.
In his evidence, he claimed Osmajic has never displayed to him – a man of mixed ethnic background – any sign of racism and that the striker has always behaved “entirely appropriately”.
Osmajic’s counsel also argued the alleged act was “inherently improbable” due to his client playing in a derby match that was being watched live by more than 20,000 people and being broadcast live on Sky, for the first time in his career.
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In her evidence, lip reader Tina Lannin said it was “absolutely not possible” that “bad man” was used.
She said “bad man” would look like two words and two phonemes, whereas “black” and “brother or mother” would be two words and three phonemes.
When the footage was played at a slower speed, she said she could see three phonemes and her fellow lip reader, James Freestone, was 100 per cent in agreement.
“It is clear to us that HM was in a good position to hear exactly what was said to him,” the commission found.
“His ear(s) was close to the mouth of MO who clearly spoke the words he did with some force.
“As soon as it had been said HM became extremely animated and went directly to the referee.
“In all the circumstances we conclude that HM would comfortably have been able to hear what was said to him and that he did hear it.
“In reaching this conclusion we have taken into account that neither player’s first language is English, the inevitable difficulties created by for example the crowd noise, the short nature of the exchange and all other factors urged on us but – having considered the evidence HM gave and having viewed the footage many times and observed all of the circumstances we are satisfied that HM has honestly and accurately recounted what was said to him.”
The commission’s report adds: “The manner and content of HM’s evidence impressed each member of this commission.
“We found him to be an honest witness and we each assessed his overall evidence positively and all agreed that it was compelling.
“MO agreed that he wanted to get back at HM for what he did, that he had lashed out in a verbal attack and that the mocking had got the better of him.
“We are satisfied that in that moment, he reacted and in doing so used the words “f**k you, f**k your black mother.”