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FA chooses not to appeal Jose Mourinho swearing charge verdict after Man Utd vs Newcastle

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Geraint Hughes explains the background behind the FA's decision not to appeal a decision not to charge Jose Mourinho with using abusive, insulting and improper language.

The Football Association has confirmed it will not further appeal the Independent Regulatory Commission's decision to dismiss the swearing charge against Jose Mourinho following Manchester United's win over Newcastle.

Mourinho was hit with an FA charge for alleged abusive language after comments he was alleged to have made towards a camera after his side's 3-2 victory at Old Trafford in October.

However, the charge was dropped following a ruling by the Independent Regulatory Commission.

Sky sources understood that the FA were surprised by this decision.

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The FA investigated Jose Mourinho's comments following Manchester United's 3-2 win over Newcastle

An appeal was heard at Wembley last month but now it has been confirmed that the FA has accepted the original outcome and the United boss will face no further action.

Written reasons published on Monday read: 'The FA was successful in respect of the appeal. However, due to a legal argument raised on Mr Mourinho's behalf, which had not been determined by the original Regulatory Commission, the case was remitted to another panel to rule on the legal argument.

Timeline of events

Oct 16 - FA charged Mourinho with FA Rule 3A – that he on Oct 6th directed his abusive, insulting and improper words directly towards the camera lens following United's win over Newcastle at Old Trafford.

Oct 31 - Independent Regulatory Commission disagree with FA and find charge 'not proven'.

Nov 7 - FA disagree with Commission’s findings and publicly declare intent to appeal.

Nov 18 - Independent Appeal Board uphold FA’s decision to appeal. They find that Mourinho's words were abusive, insulting and/or improper, and that no reasonable body would have found the case not proven.

However, due to a legal argument raised on Mourinho’s behalf, which had not been determined by the original Regulatory Commission, the case was remitted to another panel to rule on the legal argument.

Dec 6 - A separate Independent Commission considered legal arguments and dismiss the charge.

Dec 17 - FA accept all appeals and their outcomes and now consider the case closed.

'On 6 December 2018, a separate Independent Regulatory Commission considered the legal argument raised on Mr Mourinho's behalf, and dismissed the charge against him.

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'The charge was dismissed on the grounds that Mr Mourinho had a 'legitimate expectation', based on previous FA practice, that he would not be charged for swearing in the circumstances in which he did.'

"The FA welcomes the original decision of the Appeal Board to uphold its appeal against Mr Mourinho for using abusive, insulting and improper language after the Manchester United v Newcastle United match on 6 October 2018," an FA statement said.

"It also respects the decision of the Independent Regulatory Commission to dismiss the charge based on the legal argument submitted by Mr Mourinho.

"The FA's position, which it maintained throughout the hearing, was that Mr Mourinho directed his abusive, insulting and improper words directly towards the camera lens, and in these circumstances, the decision to charge was consistent with previous FA charging practice.

 during the Premier League match between Manchester United and Newcastle United at Old Trafford on October 6, 2018 in Manchester, United Kingdom.

"Whilst we accept that the Independent Regulatory Commission disagreed on this occasion, The FA wishes to make clear that it will continue to take action against Participants for any form of abusive, insulting, or improper language or behaviour, which is directed towards a camera.

"Finally, following the Appeal Board decision, and the most recent decision of the Independent Regulatory Commission, The FA now considers this matter to be closed."

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