'Defiance' - alleged Leeds United fan abuse mitigation for Burnley's Hannibal Mejbri spitting ban

The incident took place during the second half of Leeds' visit to Turf Moor back in October. Mejbri passed in front of the away end in order to pass a message to his goalkeeper, before turning and spitting into the air in the direction of travelling supporters. The incident was caught in mobile phone footage and posted on social media, while Leeds fans spoke to police officers before leaving the ground. Lancashire Police confirmed 24 hours later that they were looking into the incident and an FA enquiry soon followed, before Mejbri was charged with misconduct. He admitted the charge and was duly banned for four games - though two of the matches that counted towards his suspension took place while he was away on international duty - and fined £15,000.

The FA's written reasons reveal that Mejbri spat into the air but claimed he had no intention of spitting at anyone in particular. It was, he suggested, an act of defiance against verbal abuse he had been receiving from Leeds fans. The regulatory commission that dealt with the case took into consideration the past racism that Mejbri has suffered and the fact that Whites supporters were allegedly goading him over an incident involving Preston North End's Milutin Osmajic. Osmajic had not been found guilty by the FA at the time of the Burnley and Leeds game, but was later banned for nine matches over the incident.

The written reasons said: "In summary, it was Mr Mejbri's position that he did spit in the air whilst facing the LUFC supporters. He sought to make it clear that he had no intention of spitting at anybody in particular. He knew he was far enough away from the supporters that he would not reach them. He remembered spitting quickly up in the air and not directly at anybody as it was intended as a sign of defiance against the verbal abuse he had received from a large section of supporters as he had run along the touchline to leave some energy gels for the goalkeeper. He accepted that this was an unacceptable thing to do, and he sincerely regretted his actions. He referred the Commission to the observations provided previously, before charge. It was submitted that Mr Mejbri had experienced a lot of racism in his football career to date as well as dealing with an ongoing incident with a player from Preston North End FC, who he had claimed had made racist comments to him.

"For completeness, the charge had been found proven against the PNE player but at the time of the match, the decision had not been published. Mr Mejbri was being goaded and abused by the supporters for the allegations made, suggesting he had made it up, and it was 'in his head'. This related directly to a chant the Burnley FC supporters had about the player. It had taken over eight months from this incident to outcome, and this had exacerbated the frustration he felt, given that this was being used by the LUFC supporters, as well as other supporters, to abuse him."

Burnley argued that the case should not carry the automatic six-game ban because it was distinguishable from other cases where a player had 'spat at an opponent or any other person.' They also asked that it be taken into consideration that Mejbri's spittle did not land close to any supporters and did not make contact with anyone. The Clarets asked that he simply be given a warning as to his future conduct.

The FA panel gave Mejbri credit for his co-operation, early admission of the charge, his expression of remorse and apology. The player was quoted as saying in his written response: "I know spitting is not acceptable, even where it was not directed at anyone in particular."

But the commission were not persuaded by Burnley's submission that a warning was a sufficient sanction in this case. They described the act of spitting as 'abhorrent' and 'inexcusable.' They did however find 'compelling mitigation' to deviate from the automatic six-game ban laid out in the game's disciplinary regulations.

The written reasons said: "Mr Mejbri has been subject to racist abuse on multiple occasions, from his youth growing up in France and in his time living in the UK. This abuse unfortunately is always there. We may talk of club rivalries, the conduct of supporters, and the societal realities but then conversely expect those subject to this abuse, to somehow behave to a higher standard, with enhanced accountability. In this case, some of those supporters, and again, a minority, sought to abuse and taunt Mr Mejbri over a separate case, a case relating to racist comments made to him whilst playing. The fans were not to know that the case had been found proven, yet that doesn’t really matter, the abuse is seeking to goad, hurt, damage and elicit a response. In this instance Mr Mejbri did react. Whilst gestural, and as submitted, an act of defiance, this conduct will never be acceptable."

Mejbri has since returned to action following his ban and AFCON involvement with Tunisia.