Not until January 21 of this year did Kerr receive notice via mail that she’d been charged. We don’t know what caused such a delay,but we do know from court documents that will probably formpart of attempts by Kerr’s legal team to have the case thrown out when it is mentioned again on April 26,citing an abuse of process.
Why didn’t Sam Kerr tell Football Australia?
The biggest mystery of them all,and where Kerr probably has the biggest questions to answer. Part of it may have to do with a recent change to the Matildas’ collective bargaining agreement:previously all players were on centralised contracts but as of November,they are now on the same terms as the Socceroos,who receive match payments. As such,Kerr is technically not ‘employed’ by FA,and since she’s injured anyway,she and her advisers may have thought they didn’thave to tell them. That seems to have been belatedly recognised as a mistake,and it’s fair to question how other high-profile athletes would be treated if they withheld news of a criminal charge from their national coach for six weeks. FA were rightly miffed,and for Kerr,it wasn’t a good look.
What does the law say?
Set aside the debate aboutwhether calling someone a ‘white’ anything is actually racist. Kerr has been accused of a “racially aggravated offence”,which is defined by theCrime and Disorder Act 1998 as hostility against a victim based on the victim’s membership (or presumed membership) of a group defined by their race,colour,nationality (including citizenship),ethnic or national origins,religious belief or lack thereof.
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She has been charged underSection 4A Public Order Act 1986,which requires the offender to have had intent to cause “harassment,alarm or distress to a specific victim”,and that there is evidence such an outcome occurred. According to the Crown Prosecution Service,charges under that provision tend to involve sustained abuse,targeting a lone victim or significant effect on the victim.
It’s worth remembering that when she appeared in court on Monday,she pleaded not guilty,and that her defence will claim that she did not intend to cause alarm,harassment or distress,and that her comments were not racially aggravated.
What have those involved said?
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Not much.Chelsea coach Emma Hayes has thrown her support behind Kerr. FA chief executive James Johnson issued a statement on Friday to “reaffirm our support” for Kerr,noting her right to a fair trial and the organisation’s faith in the British judicial system to come to the right decision,and that they’re in regular touch with Kerr and her people. FA has declined to respond to questions about whether they will take their own action against Kerr.
Kerr has said nothing,nor have her representatives,who had been planning to release a statement in the last 24 to 48 hours but appear to have decided not to. The Metropolitan Police also haven’t issued comment beyond their initial statement on the facts of the matter.
What happens next?
The case is due to appear in court again,as we mentioned,on April 26. If Kerr can’t get it dismissed on that day,she will face a four-day criminal trial in February 2025.