WEBVTT - Sam Kerr’s court trial, explained

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<v Speaker 1>Already and this this is the Daily, This is the Daily.

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<v Speaker 2>Ohs oh, now it makes sense. Good morning and welcome

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<v Speaker 2>to the Daily Os. It's Monday, the tenth of February.

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<v Speaker 1>I'm Emma and I'm George.

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<v Speaker 2>Matilda's captain Sam Kerr faced a London court last week

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<v Speaker 2>over allegations she racially abused a police officer by calling

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<v Speaker 2>him quote stupid and white. The verbal altercation took place

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<v Speaker 2>in January twenty twenty three, so quite some time ago,

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<v Speaker 2>after a cab driver re routed Kerr and her partner

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<v Speaker 2>Christy Mwis to a police station over a separate incident. Kerr,

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<v Speaker 2>who also plays as a forward for Chelsea in the

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<v Speaker 2>UK Women's Super League, has pleaded not guilty to a

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<v Speaker 2>charge of racially aggravated harassment. Today we are going to

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<v Speaker 2>take you through the latest developments from the courtroom on

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<v Speaker 2>this case. George, you are with us today of course,

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<v Speaker 2>our resident sport journalist tda's finest to talk us through

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<v Speaker 2>this incident that landed Sam Kerr in court. We're going

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<v Speaker 2>to go through the specifics of the trial itself, but

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<v Speaker 2>before we get to the latest, how did we get here?

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<v Speaker 2>What landed Sam Kerr? In court in the first place.

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<v Speaker 1>So, as you know, Emma, it's February twenty twenty five.

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<v Speaker 1>We're talking about a night out in January twenty twenty three. Wow,

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<v Speaker 1>just over two years ago now. So Kerr and her partner,

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<v Speaker 1>Christy Mwis got into an argument with a London taxi

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<v Speaker 1>driver over vomit which was in or on the car.

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<v Speaker 1>Kerr has said in police interviews that she vomited outside

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<v Speaker 1>the car outside the window, and the driver said that

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<v Speaker 1>the pair refused to pay for the fare and a

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<v Speaker 1>cleaning fee for the vomit. During the disagreement, the driver

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<v Speaker 1>called the police and was advised by the police operator

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<v Speaker 1>to drive to Twickenham Police station in London. In London,

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<v Speaker 1>when the taxi arrived, police saw ker exiting the car

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<v Speaker 1>through the back window, a broken window which had been

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<v Speaker 1>allegedly kicked out by a muus Kerr and Ewis told

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<v Speaker 1>police that they had feared for their safety after the

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<v Speaker 1>driver rerouted the trip, saying he'd been acting quote in

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<v Speaker 1>a crazy way. Kerr described feeling as though they were

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<v Speaker 1>being quote held hostage.

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<v Speaker 2>Okay, so we've got this night out. Kerr and her

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<v Speaker 2>partner get into a cab something unfolds in that taxi,

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<v Speaker 2>there is an altercation, a disagreement, and we've ended up

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<v Speaker 2>at a police station, a broken window and allegations of

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<v Speaker 2>feeling unsafe and being held hostage. What happened next.

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<v Speaker 1>Once they were inside the police station, body cam footage

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<v Speaker 1>shows Kerk calling officer effing, stupid and white. That vision

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<v Speaker 1>was released as the trial began last week. Here's a

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<v Speaker 1>bit of what the incident sounded like.

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<v Speaker 2>Honestly, you stupid and white.

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<v Speaker 1>Okay, I'm not more.

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<v Speaker 2>Close stupid, I'm sitting over this ship.

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<v Speaker 1>The officer then arrested Kerve for criminal damage over the

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<v Speaker 1>window and for racially aggravated public order over the comments

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<v Speaker 1>that she'd made to him. She wasn't immediately charged. Kerr

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<v Speaker 1>em Ewis then paid the driver, resolving the criminal damage allegation,

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<v Speaker 1>and a year later, Kerr was formally charged with the

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<v Speaker 1>racially aggravated harassment count, which she's dealing with now in court.

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<v Speaker 2>So that brings us to the trial. What have we learned?

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<v Speaker 2>What did we hear last week?

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<v Speaker 1>So the trial began last week and prosecutors are seeking

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<v Speaker 1>to prove that Kerr's actions were both intended to cause

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<v Speaker 1>distress and would reasonably be considered harassment, She's pleaded not guilty.

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<v Speaker 2>And what kind of punishment is cur facing? What does

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<v Speaker 2>his charge actually entail if prosecutors are successful.

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<v Speaker 1>Well, under UK law, racially aggravated harassment carries penalties of

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<v Speaker 1>up to six months in jail or a fine of

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<v Speaker 1>up to two five hundred pounds, which is about five

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<v Speaker 1>thousand Australian dollars.

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<v Speaker 2>Okay, so you've mentioned that Sam Kerr has pleaded not guilty.

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<v Speaker 2>So how is she defending herself? What is the case

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<v Speaker 2>that we heard argued in court?

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<v Speaker 1>Well, Kurzlowys are saying that while the words she used

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<v Speaker 1>are not in contention, so she did use those words,

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<v Speaker 1>she did not hold hostility towards the police officer, Constable

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<v Speaker 1>Stephen Lovell, because he is white. The court also heard

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<v Speaker 1>that Kerr and her partner believed they were being kidnapped

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<v Speaker 1>by the cab driver, which is a pretty serious allegation,

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<v Speaker 1>and that Kerr's comments came at a time when she

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<v Speaker 1>felt like police were doubting her claims. The full arrest

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<v Speaker 1>video was released last week, with more than thirty minutes

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<v Speaker 1>of footage from the body cam. But we'll play you

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<v Speaker 1>the part where you can hear Kerr and Mewis describing

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<v Speaker 1>feeling afraid in the taxi couldn't get out, but we.

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<v Speaker 2>Couldn't get we could not get out of the car.

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<v Speaker 2>Listen to the recording. We want to go to court, Okay,

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<v Speaker 2>so to recap where we've gotten to at this point,

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<v Speaker 2>we've heard in court this defense that Kerr's lawyers are saying.

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<v Speaker 2>She accepts that she said those words effing, stupid and white,

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<v Speaker 2>that that's not in contention, but that the reason she

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<v Speaker 2>maybe acted out in that situation was because she felt

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<v Speaker 2>as though this officer wasn't taking her seriously. Her and

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<v Speaker 2>her partner felt that they had been kidnapped, and that

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<v Speaker 2>kind of is what motivated things to get a little

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<v Speaker 2>bit ugly.

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<v Speaker 1>I guess, correct, correct, And Furthermore, during her cross examination

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<v Speaker 1>last week, Kerr told the court that she felt intimidated

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<v Speaker 1>by the police officer, who she said was in a

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<v Speaker 1>position of power and privilege. When prosecutor mister Emlyn Jones

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<v Speaker 1>asked what PC Lovel's race had to do with anything,

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<v Speaker 1>Kerr replied, I felt it was him using his power

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<v Speaker 1>and privilege over me because he perceived me to be

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<v Speaker 1>something I'm not. She added that the officer had been

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<v Speaker 1>quote treating me differently and not believing me, and that

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<v Speaker 1>she quote believed they were treating me differently because of

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<v Speaker 1>the color of my skin.

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<v Speaker 2>Okay, so we've heard from Sam Kerr, but we also

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<v Speaker 2>heard from her partner, Christy Lewis last week. Now, Christy

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<v Speaker 2>Lewis has not been charged with anything. She's not defending herself,

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<v Speaker 2>but she did appear as a witness I guess to

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<v Speaker 2>corroborate Sam Kerr's story. She's the only other person apart

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<v Speaker 2>from the taxi driver, who was in that cab that night.

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<v Speaker 2>So what did we learn from Christy Lewis.

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<v Speaker 1>Somwis was on the witness stand on Thursday. She denied

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<v Speaker 1>that they had refused to pay a cleaning fee, but

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<v Speaker 1>admitted to breaking the rear window. She said, I had

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<v Speaker 1>to do something dramatic to save us. That's just how

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<v Speaker 1>I felt in the moment.

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<v Speaker 2>You mentioned earlier, George that it was actually a year

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<v Speaker 2>between the taxi incident and Kerr being charged. This is

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<v Speaker 2>an interesting aspect to the case, I suppose, and something

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<v Speaker 2>we've learned a little bit more about in the last week.

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<v Speaker 2>Why did it take so long for that charge.

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<v Speaker 1>Yeah, it's been a long time and it's an aspect

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<v Speaker 1>of the case that's actually now formed a part of

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<v Speaker 1>Kerr's defense. So Lovell, the police officer involved in the incident,

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<v Speaker 1>didn't mention taking offense to Kerr's white and stupid comments

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<v Speaker 1>in his initial statement, but eleven months later his personal

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<v Speaker 1>reflections on the matter shifted. So on Tuesday we heard

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<v Speaker 1>Kerr's legal team press the policeman on this. They argued

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<v Speaker 1>that initially he'd only claimed he was upset by the altercation,

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<v Speaker 1>and then later that claim wasn't enough to bring charges

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<v Speaker 1>against Kerr.

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<v Speaker 2>Okay, so it didn't meet the threshold for enough evidence

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<v Speaker 2>to press a charge.

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<v Speaker 1>Correct. So Kerr's team have argued that Lovell then provided

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<v Speaker 1>authorities with an embellished statement where he then alleged Kerr's

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<v Speaker 1>comments caused him harm in order for the charge to

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<v Speaker 1>be brought, and in court this month all described feeling

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<v Speaker 1>belittled and upset.

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<v Speaker 2>Okay, So Kerr's legal team has suggested that the officer's

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<v Speaker 2>intentions might not have been focused on what actually happened,

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<v Speaker 2>but he was focused on maybe producing enough evidence to

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<v Speaker 2>lay a charge, even if that meant being dishonest. Is

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<v Speaker 2>that kind of the basis of that argument.

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<v Speaker 1>Basically, yes, her lawyer grilled level and said maybe he

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<v Speaker 1>had quote assumed that she was a troublemaker, that she

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<v Speaker 1>was difficult and because of what she does for a living,

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<v Speaker 1>she was an arrogant person, basically because she was a

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<v Speaker 1>sports star with a lot of money. Was he trying

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<v Speaker 1>to make a claim on her.

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<v Speaker 2>Something that stood out to me in that discussion last

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<v Speaker 2>week about whether or not this officer knew who Sam

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<v Speaker 2>Kerr was was about the twenty twenty three World Cup.

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<v Speaker 2>And I think this is interesting for Australian audiences. Of course,

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<v Speaker 2>you know, who can forget the Matilda's absolutely dominating, getting

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<v Speaker 2>further than they ever had in a World Cup, Tilly's fever.

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<v Speaker 2>And I suppose what's being tied into this argument from

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<v Speaker 2>Sam Kerr's defense is whether or not it would be

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<v Speaker 2>plausible that lovel hadn't heard more about her in between

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<v Speaker 2>that first and second statement.

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<v Speaker 1>Absolutely, and the Tillies went further than they have ever before.

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<v Speaker 1>As you said, they went to a semi final, they

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<v Speaker 1>played against England and Sam Kerr was the marquee player

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<v Speaker 1>in that team. So her brand and her image was

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<v Speaker 1>significantly elevated after that tournament.

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<v Speaker 2>Sam Kerr has pleaded not guilty to this charge, though,

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<v Speaker 2>so what are the next stages? Are we likely to

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<v Speaker 2>get a verdict anytime soon?

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<v Speaker 1>Well, the trial began on Monday, so a week ago.

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<v Speaker 1>It was originally scheduled to last four or five days.

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<v Speaker 1>Hearings continued on Friday in the UK, so it's already

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<v Speaker 1>extended past that fifth day. We can expect to get

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<v Speaker 1>a verdict in the coming days.

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<v Speaker 2>Aside from all of this, though, you know, Sam Kerr

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<v Speaker 2>does remain one of Australia's most popular sporting icons, one

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<v Speaker 2>of Australia's most recognized sporting faces. Is this going to

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<v Speaker 2>impact her position in the Matildas? Is this going to

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<v Speaker 2>impact how fans feel about her.

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<v Speaker 1>Well as for her position in the Matildas. Football Australia

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<v Speaker 1>CEO James Johnson was asked about Curse standing the team

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<v Speaker 1>given the current circumstances. He said, quote, what we need

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<v Speaker 1>to do. We need to give Sam the opportunity to

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<v Speaker 1>go through the trial. Once we complete the trial, then

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<v Speaker 1>we'll have a holistic view of what's happened.

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<v Speaker 2>Which I think speaks to you know, obviously these are

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<v Speaker 2>all allegations. At the moment ongoing legal proceedings, it can

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<v Speaker 2>be difficult to kind of draw any conclusions, and language

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<v Speaker 2>from those kinds of stakeholders is always going to be

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<v Speaker 2>quite careful when matters are before the courts. So it

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<v Speaker 2>does seem that maybe the next stages or the security

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<v Speaker 2>of her place in the Aussie team might on the

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<v Speaker 2>outcome of this trial. Has Football Australia faced any criticism

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<v Speaker 2>for how they've handled it.

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<v Speaker 1>Well, not necessarily, but most sporting leagues or associations in

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<v Speaker 1>Australia typically have what's called a no fault stand down policy,

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<v Speaker 1>basically meaning that players involved in court cases are stood

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<v Speaker 1>down from their teams and not allowed to play until

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<v Speaker 1>a resolution. This is basically in place to prevent reputational

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<v Speaker 1>damage to the league, or the brand or the team

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<v Speaker 1>that that player is playing for. For example, you might

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<v Speaker 1>remember this story Emma Olympic hockey player Tom Craig. He

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<v Speaker 1>was arrested in France for trya by cocaine.

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<v Speaker 2>During the Paras Olympics.

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<v Speaker 1>Correct, yeah, and he was released without charge. Despite the

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<v Speaker 1>fact that he was released without charge, Hockey Australia decided

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<v Speaker 1>to give him a twelve month ban from the sport

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<v Speaker 1>basically because what they thought was a bit of brand damage.

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<v Speaker 2>Got it. Is there a precedent with Football Australia though

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<v Speaker 2>specifically when it comes to no fault suspensions.

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<v Speaker 1>Yeah, there is, so they have used no fault suspensions before.

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<v Speaker 1>Last year, three mccarthur REFC players from the A League

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<v Speaker 1>were stood down following charges relating to an alleged betting scandal.

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<v Speaker 1>Even if Kerr returns to the team, which I think

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<v Speaker 1>she probably will, I'm not sure she'll be put back

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<v Speaker 1>into a leadership role straight away.

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<v Speaker 2>Because she's the captain of the Matildas. What makes you say.

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<v Speaker 1>That, Well, there are some prominent examples of Australian captains

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<v Speaker 1>being dropped from leadership positions. You might remember Steve Smith

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<v Speaker 1>and Tim Paine to Test cricket captains that we've had

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<v Speaker 1>in the past. Smith has actually returned to captaincy, but

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<v Speaker 1>both of those players lost their captaincies due to separate incidents.

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<v Speaker 1>Smith for his role in the infamous sandpaper gate and

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<v Speaker 1>Pain for his role in a sexiting scandal. Neither faced

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<v Speaker 1>criminal charges. I think ALTI regardless of the outcome of

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<v Speaker 1>this trial, Kerr will return to the team, but there's

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<v Speaker 1>a separate conversation to be had about the impact of

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<v Speaker 1>this whole saga on both her personal brand and the

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<v Speaker 1>image of the Matildas.

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<v Speaker 2>Okay, So, regardless of what's going on legally for sam

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<v Speaker 2>Kur right now, she wouldn't be appearing for the Matildas

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<v Speaker 2>at present anyway because she's recovering from an injury. So

0:13:24.280 --> 0:13:26.200
<v Speaker 2>what is next for the Matildas.

0:13:26.600 --> 0:13:29.920
<v Speaker 1>So the Matilda's are playing later this month. They're playing

0:13:29.960 --> 0:13:33.120
<v Speaker 1>in the She Believes Cut, which is an invitational tournament

0:13:33.160 --> 0:13:37.480
<v Speaker 1>in the US. They'll play against Japan, Columbia and the US.

0:13:37.720 --> 0:13:40.520
<v Speaker 1>So it's a round robin style tournament. When's that that's

0:13:40.600 --> 0:13:42.680
<v Speaker 1>later this month, starting feb twenty.

0:13:42.960 --> 0:13:45.280
<v Speaker 2>And what about an injury update while we've got you?

0:13:45.840 --> 0:13:50.520
<v Speaker 1>So Kerr is expected to return in March, and if

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<v Speaker 1>she's fit and included in the Matilda's squad, she'll be

0:13:53.920 --> 0:13:55.479
<v Speaker 1>playing against South Korea.

0:13:55.640 --> 0:13:59.120
<v Speaker 2>George, always a pleasure having you on the podcast bringing

0:13:59.200 --> 0:14:03.280
<v Speaker 2>that sport fertise to the audience of the Daily Oz.

0:14:03.320 --> 0:14:05.600
<v Speaker 2>Thank you so much for coming on board today and

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<v Speaker 2>talking us through it.

0:14:06.880 --> 0:14:09.040
<v Speaker 1>It's always an honor. Emma, great chatting.

0:14:09.160 --> 0:14:11.960
<v Speaker 2>Thanks and don't forget if you want to hear more

0:14:12.080 --> 0:14:16.840
<v Speaker 2>or read more from George. He releases a brilliant sport newsletter,

0:14:16.840 --> 0:14:20.240
<v Speaker 2>our Daily ol Sport newsletter that drops at five pm

0:14:20.680 --> 0:14:24.320
<v Speaker 2>Australian Eastern Daylight Saving time every afternoon. We will pop

0:14:24.360 --> 0:14:26.360
<v Speaker 2>a link in the show notes you can sign up

0:14:26.400 --> 0:14:29.440
<v Speaker 2>to that for free. Get around him. As I always say,

0:14:29.800 --> 0:14:32.280
<v Speaker 2>thanks he Emma, thank you so much for listening to

0:14:32.360 --> 0:14:34.960
<v Speaker 2>today's episode. If you learn something, feel free to share

0:14:35.000 --> 0:14:37.320
<v Speaker 2>it with a friend, and don't forget to follow or

0:14:37.320 --> 0:14:39.960
<v Speaker 2>subscribe wherever you're listening to The Daily Os or if

0:14:40.000 --> 0:14:43.040
<v Speaker 2>you're watching us over on YouTube. We will be back

0:14:43.120 --> 0:14:46.680
<v Speaker 2>this evening with your afternoon headlines, but until then, have

0:14:46.760 --> 0:14:50.840
<v Speaker 2>a great day.

0:14:51.360 --> 0:14:53.640
<v Speaker 1>My name is Lily Madden and I'm a proud Aarunda

0:14:53.880 --> 0:14:58.000
<v Speaker 1>bunge Lung Chalcotin woman from Gadigal Country. The Daily oz

0:14:58.080 --> 0:15:00.840
<v Speaker 1>acknowledges that this podcast is recorded on the lands of

0:15:00.840 --> 0:15:04.200
<v Speaker 1>the Gadigal people and pays respect to all Aboriginal and

0:15:04.240 --> 0:15:05.680
<v Speaker 1>Torrestrate island and nations.

0:15:06.000 --> 0:15:08.920
<v Speaker 2>We pay our respects to the first peoples of these countries,

0:15:09.040 --> 0:15:10.240
<v Speaker 2>both past and present.