The Football Association are to appeal the decision not to punish Manchester United manager Jose Mourinho for using alleged offensive language following the win over Newcastle. Media reports prior to the match had incorrectly said Mourinho would be sacked whatever the result of the game, and the stirring nature of United's comeback, sealed in injury time by Alexis Sanchez, made for a highly-charged context.
An independent regulatory commission found the case "not proven" but in a written decision published on Wednesday, the FA chose to appeal, with Mourinho facing the prospect of a touchline ban if he is found guilty.
The appeal hearing will not be until the global break, meaning that a ban could be in place for Crystal Palace's visit on 24 November. The FA are going to appeal the decision.
"Valente argued that what Mourinho said literally translated as to "Go take it in the a***", sons of the whore" and "F**k off you sons of b*****s" or "F**k off you a*******s" as an idiomatic translation.
English football's governing body had expressed surprise at the decision to clear Mourinho, made by the three-person panel, after they had used a lip reader to support the case that his remarks were offensive.
Xavier alleges Mourinho said said "Vós sois uns filhos da puta" twice, which translates as "sons of a whore".
Valente considered the idiomatic translation was not entirely adequate or accurate as the context of United's hard match was needed along with their hard start to the season and "significant criticism in the media".
The FA say they do not accept that reasoning and believe Mourinho used the words to cause offence.
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"His words were inaudible".
Given the context, Valente argued that Mourinho was merely celebrating victory and the phrase meant "fuck yeah" or "hell yeah", and was not directed at anybody in particular.
It was a view endorsed by the commission, who ruled: "We find that JM (Jose Mourinho) was celebrating victory without aiming the words at anyone in particular".
"His words were inaudible". We do not accept that he shouted the expression.
"Thus, the objective person would have had to lip read JM's mouth and interpret Portuguese colloquialisms to accurately decipher the comments".
An independent commission found an FA charge of misconduct against the Manchester United boss Mourinho not proven in a landmark ruling.
"Consequently, it was superfluous to go on to consider the remaining issue of legitimate expectation".
Jose Mourinho is still facing a touchline ban - after the FA launched an appeal against his unproven misconduct charge.
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