Why independent regulatory commission found Leeds United's Kiko Casilla guilty in racism case

The FA last night released the full written reasons in the case, including evidence from Macauley Bonne and Jonathan Leko, to whom the racist slur was alleged to have been directed.

The incident took place after a 72nd-minute corner, when Casilla, who speaks little English, punched the ball clear and was then alleged to have sworn and used the n-word to Leko.

As part of Casilla’s defence, witness statements were given by Leeds United head coach Marcelo Bielsa, players Ben White, Liam Cooper, Gaetano Berardi, Kalvin Phillips, Adam Forshaw, Tyler Roberts, Pablo Hernandez, former loanee Eddie Nketiah and team manager Matt Grice.

Espanyol goalkeeping coach Thomas N’Kono, the first black goalkeeper to play first-class football in Europe, and former Whites striker Kemar Roofe also gave witness statements on Casilla’s behalf.

The independent regulatory commission recorded at the outset of their written reasons that it was no part of the FA’s case that Casilla is a racist.

Casilla, for his part, called himself an ‘internationalist’ and stated his belief that it was beneficial for him and his family to get the chance to interact with families or different origins, cultures, races and belief systems.

Mubarak Wakaso, who played with and roomed with Casilla at Espanyol in the 2012/13 season, gave a statement in which he said it was ‘impossible to think’ that Casilla would have used the language attributed to him.

The IRC accepted that for Casilla to have used the language that was alleged in the incident would have been wholly out of character and that there was indeed an inherent improbability that he would have used the words attributed to him by the FA.

It was noted that Casilla claimed to be unaware of either the existence of the n-word in the English language, or its connotations in this country and his evidence that it was only during an FA interview on October 24 2019 that he learned of the word’s existence was not accepted by the IRC.

The written reasons said: “We concluded that, contrary to his claims a) KC was aware of the (n-word) prior to October 24, 2019 and in particular was aware of that word as at the date of the match, and KC was aware of the meaning and connotation of that word, and that it was a racial insult.”

It was accepted that Leeds United players had been given no instruction to wind Leko up or attempt to get him sent off.

The two players did have an altercation prior to the corner being taken, which was visible on FA footage seen by the IRC, before the referee John Brooks intervened.

Footage from YouTube then showed Casilla punching the corner clear and both Macauley Boone and Leko, the two players closest to Casilla, reacting to something.

Bonne was seen turning ‘sharply’ to face Casilla and saying something, while Leko also reacted but did not fully turn to face Casilla and continued jogging out of the penalty area.

The two players alleged that they had each heard him swear and use the n-word, which caused them to react. Bonne, in his witness statement, said he had been incensed by what he heard, subsequently and temporarily ‘lost the plot’ and, had the ball returned to the penalty area he would have ‘smashed’ Casilla.

Nketiah confirmed that he had heard Casilla say something after the corner but while he picked up on a swear word being used, he could not hear anything else beyond that.

The Charlton players reported the alleged racist remark to the referee, Brooks, who noted on the back of his yellow card, during the match, the words ‘Leko Keeper n-word.’ Casilla’s case was that the two players had misheard what he said and that whatever he had uttered was something he might shout at his defenders after a corner to encourage them up the pitch.

But while his QC Ian Mill suggested Bonne’s evidence should be treated with considerable care due to what he called discrepancies, the IRC decided Bonne was a witness upon whose evidence could be placed ‘considerable weight’ because on central matters, chiefly what he believed he heard after the corner, his evidence was ‘firm and consistent.’

The IRC also found that while Leko, who engaged in a WhatsApp conversation with Roberts after the game and informed the Leeds player of the allegation, had certain inconsistencies in his evidence regarding peripheral aspects, he was a reliable witness whose evidence could be generally accepted at face value.

The IRC ‘regrettably informed the clear impression’ that Leeds United team manager Grice was ‘not seeking to assist’ in determining the truth but ‘giving such evidence as he felt would most assist KC and LUFC to defend this charge.’ Grice gave repeated denials that he had been aware of the words allegedly used by Casilla until a considerable time after the match, possibly up to four weeks later, despite a number of Leeds players stating it was from Grice that they had learned what it was Casilla was alleged to have said.

Reaching a conclusion the IRC decided that the charge was proved to the required standard and Casilla had used the n-word, directing it at Leko.

The FA suggested a 10-game ban for Casilla, based on aggravating factors in the case, but the IRC felt that ‘too severe’ and banned him for eight.