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Should Rio and United lodge an appeal?

UNITED have until January 19 to decide whether to appeal over Rio Ferdinand's eight month ban for missing a drug test . Opinion is divided throughout the footballing world.

Even at MEN Sport, Stuart Mathieson and Stuart Brennan have opposing views. Here they argue the case for and against an appeal.

Read their views and have your say

'Yes' to an appeal:

THE witch-hunters of the World Anti Doping Agency finally tied the right men to the stake this week, when they criticised bungling FIFA bosses over the Rio Ferdinand affair, writes the M.E.N.'s Stuart Brennan.

That is where the blame for this whole sorry mess truly lies, not with an empty-headed Manchester United defender.

Don't get me wrong, Rio is guilty and deserves punishment. There is, or should be, little sympathy for him among United fans.

But many Reds have rallied around Rio not because they think he deserves sympathy or support, but simply because he has been treated differently.

Ferdinand is a very lucky man in that he has the full backing of his club and his union, when his own idiocy has cost United his services for eight months, possibly longer, possibly less.

But he should appeal against the ban simply because it is the right thing to do.

The injustice of this case lies in the fact that the FA commission that heard his case flew in the face of all that had gone before.

We saw Edgar Davids and Jaap Stam receive lesser bans for actually USING performance-enhancing drugs, and we saw Christian Negouai get a slap-on-the-wrist fine for not turning up for his test earlier this year.

Ferdinand commits an offence similar to Negouai, and lesser than Davids and Stam, and receives a far tougher penalty. Who changed the ground rules and when?

Maybe all three should have been dealt with more harshly, but that is beside the point. Until FIFA sorts itself out, and lays down firm rules about drug cheats, their member associations, of which the FA is one, cannot start handing out such wildly differing sentences.

Harsh

If FIFA had signed up to the Doping Agency's (WADA's) strict guidelines for the treatment of drug users or those who duck tests, there could be no argument.

Any player who uses banned substances, or who misses the test, would get a two-year ban, and there would be no room for excuses.

Because FIFA have faffed about for years, umming and aahing, they now do not have the right to start laying down harsh law, simply because the player in question is a high-profile name with the world's biggest club.

It is not Ferdinand's fault that FIFA's drugs policy - and therefore that of the FA - is a shambles, yet he is taking the rap for it. He should get a fine, the same as Negouai, to follow precedent, a basic tenet of English law.

It is Blatter and FIFA who should be facing charges - of incompetence.

FIFA attempted to deflect that heat on to the FA, on to United and on to Ferdinand.

Not only would I like to see United and Ferdinand appeal, I would love to see them take this one all the way, and take the FA and FIFA to the civil courts.

Blatter says they have no right to do that, under FIFA regulations. Who the hell does he think he is?

The truth is that EVERY human being on this planet has the right to resort to a court of law if they feel an injustice has been done.

United need to appeal, not simply for Ferdinand's sake, but to ensure that football sorts out its sorry self.





Comments

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Of course they should appeal! He can prove he hasn't been using drugs by taking a test 2 days after the missed drug test. So what's the point with a lengthy ban? FA surely wants to prove a point, just because he is a famous player in a famous club...

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An appeal will not help Rio, infact it could make the situation worse. He should hold is hands up its obvious the FA are completely inconsistent, just like the referees the change the rules to suit themselves 2000 fine and 8 month ban.

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Stuart Brennan makes an excellent case for an appeal. The FA and FIFA cannot change the goalposts as and when they wish, without a clear statement. British law is based on precedents and the length of the sentence should certainly be cut.

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With the tennis world in shock over Rusedskis' positive test LAST July, and the latest drug scandals in Italy, Ferdinand should have the ban reduced significantly.

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Although not a Manchester United fan, I believe thet Rio should NOT appeal against his ban. UEFA and FIFA havwe both commented on the leniency of his punishment and this may have an effect on any appeal. I personallt think that Rio has got off lightly, but it is time for Rio to accept his punishment and concentrate on helping England qualify for the World Cup in 2006!

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For the reasons of natural justice Rio must fight this case.Ok we all admit he was wrong, but the whole hearing, those who conducted it, the outcome was nothing sort of a trial you would see in a communist country! Firstly this hearing was interfered by interested parities namely the fa and fifa by being conducted in the media, this of course in a proper court of law would not be allowed! Secondly, the fa keep saying this panel was totally independent, when facts have proven this to be incorrect, effectively it was like letting the victim of crime be judge and jury! Thirdly, the length of the ban was not only excessive, but unprecedented.
The fa in this instance have went to far, being goated on and led by the media, to get tough just for the sake of being tough. The whole creditability of the fa is being challenged here, their independence, the procedures they have in place and their leadership of the national game! They are perceived to be incompenent, and totally reliant on fifa, unable to function and run our national game without continual (advice) from fifa!
So Rio in my eyes has to appeal as this sentence stinks to heaven.Interference,an underlying agenda and perceived mis-carriage or abuse of justice?

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Tough, we are to miss his services but I think both he and the club have messed up big time and whatever we say he did miss the test. Others have got off lightly but lets just get on with life, keep him focused to come back stronger next year. others have done the same and with an injury to contend with so time will pass. I just want to see how many International Commitees will butt their nose in on the Rudeski affair.

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For once I agree with whats been written here, the sabre rattling from FIFA is a gamble in the hope they can scare Man Utd with threats of banishment from the CL if any civil action is taken.
Every human being has a right to justice....and before all the idiots start bleating, RF broke the rules and should recieve some form of punishment...this being in line with the current penalties already handed out!
What is becoming increasingly obvious is that with each case that is frequently occuring ( now an Argentinian tennis player has failed a drugs test recieving 9 mths???) such as Negouai (despite the circumstance he still failed to turn up?), Davids, Stam, Coutto, Bosnich lets have things in line with these... not turning up is a fine...failing a test carries from 4-9mths, they can't invent a new tarriff now so guess what the penalties a fine..end of story.
Come on Rio and Man Utd hit this bunch with everything, Blatter and co seem to be realising they don't have a leg to stand on as in a civil court they dont stand a chance!

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Jaap Stam got four months for nandrolone, two years ago. At the same time Davids got three. Recently, Mohammed Kallon got 8 months for nandrolone, while Gaddafi at Perugia only got three. Last season Neguai got a B#2,000 fine for the same offence that Rio committed, so why should he be banned for 8 months when he didn't take any drugs at all. I thought law was based on precedence...

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rio and manu should appeal the decision of eight months given to rio. no matter what the outcome they should appeal and even take it to the highest courts in the world let alone the land. as the author stated, one player should not be given a harsher sentence than others who have committed even graver actions.

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I would like rio to appeal this decision and at the hearing offer to take the drugs test while the hearing is going on. if he is tested positive then he must get a 2 years ban. if however he is tested negative then he should sue the pants off FIFA and the FA for what he has gone through. i wonder what the panel will do if rio asks for a test to be conducted on the his day in court ???

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The fact that Rio Ferdinand committed an error in judgement (stupid to say the least) is equal to testing positive is absalutely absurd. Granted punishment must be handed out or the institution and it's rules and regulations would have to be thrown to the wind. The question of should he appeal, is only his to answer. As a football fan and former professional player I think it is incumbent on him to excercise his right to appeal. I believe that those persons in charge at all three bodies, FIFA, EUFA, and the FA, have legal counsel who would advise them of the players rights and further advise them that they, the bodies, are on shaky legal grounds in any court in the world. The threats prior to and after the hearing by Mr. Blatter lead me to believe he is attempting to bluff his way through this charade of so called justice. Every case must be handled independently, as each case is different. I do not know why Palios, Blatter and for that matter Dick Pound are affraid of an open hearing by truly influence free board of inquiry. I know that Blatter has a definite bias against anything English, just review his past comments. His own handling of FIFA matters would not stand a close examination during the light of day. As for Palios, I believe he is probably influenced greatly by the heads of FIFA and EUFA and therefore is betraying the English football community. I think that after this affair is finally sorted out Mr Ferdinand will be appropriately punished and the FA will be reputation for honesty and independence will be permanently damaged due to the positons taken by Palios. Fellow fans mark my words, we will rue the day this man was placed in charge of FA.

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Is'nt offering to take a drugs test in court a bit like me refusing to 'blow in the bag' for a copper and telling him i will be breath tested at a later date in court..........Clown!

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What seems to be lost on this whole process is that the drug testing company did not say, "You, there, wee in this cup now". In the US, when you have a drug test, they do not say anything until they pull you from your office and literally watch as you fill the jar. If this offence was so eggregious, why wasn't there even the slightest bit of authority on the drug testers to do their job IMMEDIATELY rather than leaving it to the player? Missing the test was a master class of stupidity, but the CRIME does not match the TIME. And instead of placing all the blame on the player, it is obvious that the administrators of these tests have not been empowered to adequately do their job.

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