You keep saying nobody got hurt. Keogh did. It doesn’t matter if he was part of their group. He still got hurt and he wasn’t driving.
I don’t understand why you’re also ignoring the statement that it was gross misconduct which is why Keogh was fired. If that’s their stance then the other two should absolutely be fired as what they’ve done is much worse considering they were driving.
I’m not having the “Yeah but Keogh should have known better as he was the captain” - they’re all grown men, it’s not on the football field. They need to take responsibility for what they all did. If one person is being sacked for the reasoning they’ve given of gross misconduct then all of them need to be sacked otherwise it just isn’t ‘fair’ and it’s ageist/based on his long term injury. If they’d have came out and said it was because of his long term injury then fine, that’s more understandable.
Also, regarding prison sentencing - as I’ve mentioned in a previous post there is no excuse as an adult to be drink driving. If you can pay multiple amounts on alcohol you can pay a tenner on an Uber or a taxi. The driving ban means nothing to a footballer either, it’s simple for them to find a driver or the club to arrange a driver or something for them in a case like this, that’s just how football works now. A prison sentence atones for the seriousness of this crime. I don’t think it’s a crime that should be taken lightly. There are a few that have a prison sentence and don’t warrant it but this definitely does. But that’s for another thread regarding the whole justice system in the UK.
You're putting words in my mouth, that is not what I said. What I said that no one
innocent got hurt. Big difference. Criminal law takes a hard stance between guilty parties and innocent ones. Keogh was a passenger, he was not innocent. Getting into a car with a drunk driver when you know he is drink, makes you just as liable as if you had been driving yourself.
Also, I'm not ignoring anything. My last sentence literally says that the interesting question in all of this is: Can Derby fire him? We don't know that because we don't know what the contract says. It's also not as simple as you make it out to be. There is a comparative difference between the parties situations.
The two players in question, CAN execute the terms of their contracts. They are fit and can play.
The injured player, CAN'T execute the terms of his contract, due to an injury sustained by his own making. The club fires him citing gross negligence. The gross negligence that will be argued in the courts is NOT the drinking and 'passengering' - The club was ready to forgive that after the player meets the club somewhere in a financial settlement. What the club WILL argue in court, is that the player can not execute his contract due to injuries sustained while committing what's technically a crime, the alcohol is second nature in this claim, he could have been stealing an apple, fled the scene and crashed, and the argument would have been the same. Gross negligence for getting himself injured. The club is not interested in paying the bill for his own mistakes, and so they fired him.
The question that will need to be resolved in court: Does the contract allow this? Is it specified? - If not, the club can still argue that the players long absence is reason enough to warrant gross negligence of the terms in which he will be available for the club until 06 2020. - The Players Association that will no doubt give him legal council can argue that the club signed a contract, and that the alcohol provided to the players enabled them to get into the situation in the first place. This is a VERY thin line of arguing, and will not lead anywhere. A principle of law is that you are responsible for any and all actions you take as long as your state is of your own doing, or you are not acting in self defense / self preservation (Driving like a madman to the hospital because your son ruptured a femoral artery for example is good enough reason to drive like a madman. If you don't hurt anyone, that is a valid emergency to break the law. Hurt someone, and you are both allowed to, and not allowed to. A technical jargon that's not valid here obviously, but Im just putting an example out.
The other argument that the player can present is naturally that the two others have NOT been fired. IF the club argues publicly, and expressively states that he has been fired for "drink driving" or being a "drunk passenger", then the player has a pretty good case. Derby have the option to terminate the other two players for the same reason. Or they can eat Keoghs wages during his recovery.
If Derbys legal team has any sense they will not address the case in public, the board or its directors will not cite the drunk driving as the reason for admissal, and rather argue the self sustained injury.
I'm seeing a lot of posters argue that they are tired of "footballers" getting off easy. Is the argument to classify footballers as their own punishment code? What about factory workers? locksmiths? store clerks? There is a reason why the legal system takes care of punishment in society, and private entities are left to their own devices. The only way you can lose your job in the UK if youre drinking or driving is if: Its specifically mentioned in the work contract, or you can not perform your job. What you "think is right" or what "Should be" is not any argument since it's all make believe and will never happen.
I'm happy to predict what will happen here since it's not wizardry:
Derbys motivation is to save £1,34m in wages - Keoghs motivation is to collect £1,34m in wages. This is the business aspect of it, and its a real thing.
The parties will have a court date set. The parties will reach a closed door agreement where Keogh is paid a larger, but not full % of his pending wages until June 2020 and terms will not be disclosed. The two players remaining in Derby will have paid their club the fine of 6 weeks pay, and be in the midst, or have already served their community service. And life will go on.
The alcohol will be a secondary argument of Derby, the injury is the sole focus, and the huge difference. If Keogh was not injured, he would have received the same reaction as his counterparts.
No argument like "It should be this" "drinking and driving should automatically be prison, loss of house, kids and everything you own" is a real one, it's just not going to happen. - I mean, if that's the punishment for EVERY antisocial crime (And why wouldn't it be? If the argument is that people CAN get hurt, then pile it on), then the bailiffs of UK are going to become the largest employer on the Island.
Lastly, if anyone read all of this and still think that I defend drunk driving, then just grow up.