José Mourinho could face another FA investigation into alleged discriminatory comments made towards Eva Carneiro, the former Chelsea doctor.
Carneiro broke her silence yesterday nearly two months after the controversial incidents on the opening day of the season, when she ran on to the pitch to treat Eden Hazard during the game against Swansea City that ultimately led to her leaving her job at Stamford Bridge. In a scathing criticism of the FA’s judiciary procedure she insisted that she had not been asked to provide evidence or give her version of events.
The fallout from Mourinho’s anger at Carneiro’s decision to provide medical assistance when he accused her and her colleague, Jon Fearn, of being “impulsive and naive” and “not understanding the game”, seemed to lose momentum when the FA cleared the Chelsea manager of wrongdoing this week.
But in a statement released yesterday, Carneiro said: “I was at no stage requested by the FA to make a statement. I wonder whether this might be the only formal investigation in this country where the evidence of the individuals involved in the incident was not considered relevant. Choosing to ignore some of the evidence will surely influence the outcome of the findings.”
Carneiro also highlights that she was not approached by the FA when it responded to a complaint of sexist abuse towards her at Upton Park last season.
A spokesman for the FA responded: “We have never received any information or complaint from Dr Carneiro. Including in written correspondence with her lawyers, it has been made explicitly clear that if Dr Carneiro had evidence to provide or wished to make a complaint she was more than welcome to do so. That route remains open.”
The crucial element to that statement is that Carneiro can still provide evidence, which in turn implies that the case against the Chelsea manager can be reopened although the FA’s investigation procedure thus far has been widely criticised.
“I think it typifies the FA’s approach to taking discrimination seriously,” Elizabeth George, employment barrister at Leigh Day, said. “If the FA are going to show they take such issues seriously then the least they can do is speak directly to her to find out what she said happened.
“It makes you question how much they actually want to know what happened. I’d welcome it if they revisit the case. It’s extraordinary to me they haven’t gone farther [into gathering evidence] than they appear to have gone.”
Many in the legal profession do not believe that a fair investigation can be said to have taken place without Carneiro’s evidence being heard. “In general, allegations of discrimination requires proper investigation,” Peter Daley, employment and discrimination lawyer at Bindmans, said.
“Without giving a complainant the opportunity to properly particularise the complaint, it is difficult, if not impossible, to properly investigate. It would seem at best unlikely that an investigation completed without taking a statement from the complainant could reasonably be said to have concluded fairly or reliably.”
At his press conference yesterday, before Carneiro’s statement, Mourinho hinted that he will give his version of events eventually. “For the past two months I didn’t open my mouth, and I’m going to keep it like this. One day I will speak, but I will choose the day,” he said. “I read and I listen and I watch, and I’m quiet. We can be here all day... my time to speak will arrive when I decide.”
Carneiro left the club 11 days ago. Her role was downgraded after being called naive in her handling of Hazard’s injury.
