Already and this this is the Daily, This is the Daily.
Ohs oh, now it makes sense. Good morning and welcome to the Daily Os. It's Monday, the tenth of February.
I'm Emma and I'm George.
Matilda's captain Sam Kerr faced a London court last week over allegations she racially abused a police officer by calling him quote stupid and white. The verbal altercation took place in January twenty twenty three, so quite some time ago, after a cab driver re routed Kerr and her partner Christy Mwis to a police station over a separate incident. Kerr, who also plays as a forward for Chelsea in the UK Women's Super League, has pleaded not guilty to a
charge of racially aggravated harassment. Today we are going to take you through the latest developments from the courtroom on this case. George, you are with us today of course, our resident sport journalist tda's finest to talk us through this incident that landed Sam Kerr in court. We're going to go through the specifics of the trial itself, but before we get to the latest, how did we get here? What landed Sam Kerr? In court in the first place.
So, as you know, Emma, it's February twenty twenty five. We're talking about a night out in January twenty twenty three. Wow, just over two years ago now. So Kerr and her partner, Christy Mwis got into an argument with a London taxi driver over vomit which was in or on the car. Kerr has said in police interviews that she vomited outside the car outside the window, and the driver said that the pair refused to pay for the fare and a
cleaning fee for the vomit. During the disagreement, the driver called the police and was advised by the police operator to drive to Twickenham Police station in London. In London, when the taxi arrived, police saw ker exiting the car through the back window, a broken window which had been allegedly kicked out by a muus Kerr and Ewis told police that they had feared for their safety after the driver rerouted the trip, saying he'd been acting quote in
a crazy way. Kerr described feeling as though they were being quote held hostage.
Okay, so we've got this night out. Kerr and her partner get into a cab something unfolds in that taxi, there is an altercation, a disagreement, and we've ended up at a police station, a broken window and allegations of feeling unsafe and being held hostage. What happened next.
Once they were inside the police station, body cam footage shows Kerk calling officer effing, stupid and white. That vision was released as the trial began last week. Here's a bit of what the incident sounded like.
Honestly, you stupid and white.
Okay, I'm not more.
Close stupid, I'm sitting over this ship.
The officer then arrested Kerve for criminal damage over the window and for racially aggravated public order over the comments that she'd made to him. She wasn't immediately charged. Kerr em Ewis then paid the driver, resolving the criminal damage allegation, and a year later, Kerr was formally charged with the racially aggravated harassment count, which she's dealing with now in court.
So that brings us to the trial. What have we learned? What did we hear last week?
So the trial began last week and prosecutors are seeking to prove that Kerr's actions were both intended to cause distress and would reasonably be considered harassment, She's pleaded not guilty.
And what kind of punishment is cur facing? What does his charge actually entail if prosecutors are successful.
Well, under UK law, racially aggravated harassment carries penalties of up to six months in jail or a fine of up to two five hundred pounds, which is about five thousand Australian dollars.
Okay, so you've mentioned that Sam Kerr has pleaded not guilty. So how is she defending herself? What is the case that we heard argued in court?
Well, Kurzlowys are saying that while the words she used are not in contention, so she did use those words, she did not hold hostility towards the police officer, Constable Stephen Lovell, because he is white. The court also heard that Kerr and her partner believed they were being kidnapped by the cab driver, which is a pretty serious allegation, and that Kerr's comments came at a time when she
felt like police were doubting her claims. The full arrest video was released last week, with more than thirty minutes of footage from the body cam. But we'll play you the part where you can hear Kerr and Mewis describing feeling afraid in the taxi couldn't get out, but we.
Couldn't get we could not get out of the car. Listen to the recording. We want to go to court, Okay, so to recap where we've gotten to at this point, we've heard in court this defense that Kerr's lawyers are saying. She accepts that she said those words effing, stupid and white, that that's not in contention, but that the reason she maybe acted out in that situation was because she felt
as though this officer wasn't taking her seriously. Her and her partner felt that they had been kidnapped, and that kind of is what motivated things to get a little bit ugly.
I guess, correct, correct, And Furthermore, during her cross examination last week, Kerr told the court that she felt intimidated by the police officer, who she said was in a position of power and privilege. When prosecutor mister Emlyn Jones asked what PC Lovel's race had to do with anything, Kerr replied, I felt it was him using his power and privilege over me because he perceived me to be
something I'm not. She added that the officer had been quote treating me differently and not believing me, and that she quote believed they were treating me differently because of the color of my skin.
Okay, so we've heard from Sam Kerr, but we also heard from her partner, Christy Lewis last week. Now, Christy Lewis has not been charged with anything. She's not defending herself, but she did appear as a witness I guess to corroborate Sam Kerr's story. She's the only other person apart from the taxi driver, who was in that cab that night. So what did we learn from Christy Lewis.
Somwis was on the witness stand on Thursday. She denied that they had refused to pay a cleaning fee, but admitted to breaking the rear window. She said, I had to do something dramatic to save us. That's just how I felt in the moment.
You mentioned earlier, George that it was actually a year between the taxi incident and Kerr being charged. This is an interesting aspect to the case, I suppose, and something we've learned a little bit more about in the last week. Why did it take so long for that charge.
Yeah, it's been a long time and it's an aspect of the case that's actually now formed a part of Kerr's defense. So Lovell, the police officer involved in the incident, didn't mention taking offense to Kerr's white and stupid comments in his initial statement, but eleven months later his personal reflections on the matter shifted. So on Tuesday we heard
Kerr's legal team press the policeman on this. They argued that initially he'd only claimed he was upset by the altercation, and then later that claim wasn't enough to bring charges against Kerr.
Okay, so it didn't meet the threshold for enough evidence to press a charge.
Correct. So Kerr's team have argued that Lovell then provided authorities with an embellished statement where he then alleged Kerr's comments caused him harm in order for the charge to be brought, and in court this month all described feeling belittled and upset.
Okay, So Kerr's legal team has suggested that the officer's intentions might not have been focused on what actually happened, but he was focused on maybe producing enough evidence to lay a charge, even if that meant being dishonest. Is that kind of the basis of that argument.
Basically, yes, her lawyer grilled level and said maybe he had quote assumed that she was a troublemaker, that she was difficult and because of what she does for a living, she was an arrogant person, basically because she was a sports star with a lot of money. Was he trying to make a claim on her.
Something that stood out to me in that discussion last week about whether or not this officer knew who Sam Kerr was was about the twenty twenty three World Cup. And I think this is interesting for Australian audiences. Of course, you know, who can forget the Matilda's absolutely dominating, getting further than they ever had in a World Cup, Tilly's fever.
And I suppose what's being tied into this argument from Sam Kerr's defense is whether or not it would be plausible that lovel hadn't heard more about her in between that first and second statement.
Absolutely, and the Tillies went further than they have ever before. As you said, they went to a semi final, they played against England and Sam Kerr was the marquee player in that team. So her brand and her image was significantly elevated after that tournament.
Sam Kerr has pleaded not guilty to this charge, though, so what are the next stages? Are we likely to get a verdict anytime soon?
Well, the trial began on Monday, so a week ago. It was originally scheduled to last four or five days. Hearings continued on Friday in the UK, so it's already extended past that fifth day. We can expect to get a verdict in the coming days.
Aside from all of this, though, you know, Sam Kerr does remain one of Australia's most popular sporting icons, one of Australia's most recognized sporting faces. Is this going to impact her position in the Matildas? Is this going to impact how fans feel about her.
Well as for her position in the Matildas. Football Australia CEO James Johnson was asked about Curse standing the team given the current circumstances. He said, quote, what we need to do. We need to give Sam the opportunity to go through the trial. Once we complete the trial, then we'll have a holistic view of what's happened.
Which I think speaks to you know, obviously these are all allegations. At the moment ongoing legal proceedings, it can be difficult to kind of draw any conclusions, and language from those kinds of stakeholders is always going to be quite careful when matters are before the courts. So it does seem that maybe the next stages or the security of her place in the Aussie team might on the outcome of this trial. Has Football Australia faced any criticism for how they've handled it.
Well, not necessarily, but most sporting leagues or associations in Australia typically have what's called a no fault stand down policy, basically meaning that players involved in court cases are stood down from their teams and not allowed to play until a resolution. This is basically in place to prevent reputational damage to the league, or the brand or the team that that player is playing for. For example, you might
remember this story Emma Olympic hockey player Tom Craig. He was arrested in France for trya by cocaine.
During the Paras Olympics.
Correct, yeah, and he was released without charge. Despite the fact that he was released without charge, Hockey Australia decided to give him a twelve month ban from the sport basically because what they thought was a bit of brand damage.
Got it. Is there a precedent with Football Australia though specifically when it comes to no fault suspensions.
Yeah, there is, so they have used no fault suspensions before. Last year, three mccarthur REFC players from the A League were stood down following charges relating to an alleged betting scandal. Even if Kerr returns to the team, which I think she probably will, I'm not sure she'll be put back into a leadership role straight away.
Because she's the captain of the Matildas. What makes you say.
That, Well, there are some prominent examples of Australian captains being dropped from leadership positions. You might remember Steve Smith and Tim Paine to Test cricket captains that we've had in the past. Smith has actually returned to captaincy, but both of those players lost their captaincies due to separate incidents. Smith for his role in the infamous sandpaper gate and Pain for his role in a sexiting scandal. Neither faced
criminal charges. I think ALTI regardless of the outcome of this trial, Kerr will return to the team, but there's a separate conversation to be had about the impact of this whole saga on both her personal brand and the image of the Matildas.
Okay, So, regardless of what's going on legally for sam Kur right now, she wouldn't be appearing for the Matildas at present anyway because she's recovering from an injury. So what is next for the Matildas.
So the Matilda's are playing later this month. They're playing in the She Believes Cut, which is an invitational tournament in the US. They'll play against Japan, Columbia and the US. So it's a round robin style tournament. When's that that's later this month, starting feb twenty.
And what about an injury update while we've got you?
So Kerr is expected to return in March, and if she's fit and included in the Matilda's squad, she'll be playing against South Korea.
George, always a pleasure having you on the podcast bringing that sport fertise to the audience of the Daily Oz. Thank you so much for coming on board today and talking us through it.
It's always an honor. Emma, great chatting.
Thanks and don't forget if you want to hear more or read more from George. He releases a brilliant sport newsletter, our Daily ol Sport newsletter that drops at five pm Australian Eastern Daylight Saving time every afternoon. We will pop a link in the show notes you can sign up to that for free. Get around him. As I always say, thanks he Emma, thank you so much for listening to
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