Is John Terry innocent?

It's not denied that Terry uttered the phrase "You fucking black cunt". It would be hard to do so. The video footage shows him clearly mouthing those words. In the criminal court guilt must be proved beyond all reasonable doubt. The Magistrate could not be sure - so I read - as to the context in which the phrase was used. So Terry was aquitted.
   The FA work on the balance of probabilities and also, apparently,  on the basis that it doesnt matter why you say it, saying it is an offence.
    On  a similar basis (balance of probabilities) ex PC Simon Harwood was aquitted by the criminal court but could well be found liable for Ian Tomlinson's death by a civil court.
    Look at the video footage on the Guardian website. Are these words spoken with a look of incredulity on Terry's face? "What? Are you suggesting I would call you a fucking black cunt?" Or are they spoken with derision?
    It may be that Terry is a far more erudite footballer than many would give him credit for. A cynic might say no, he just has some very clever and expensive lawyers.
    I do find it surprising that a footballer, particulalry in the middle of a game, would offer such a retort. I would have expected more a "What did you fucking say?"
   Like many others, I'm just a laptop pundit. As a lawyer I know the devil is always in the detail. I'm a strong believer in the presumption of innocence - let those ten 'tea leaves' (leaf - thief) go free before you send an innocent man down -  by the same token, however, my rose tinted spectacles were trampled into the mud many years ago.

Since writing the above I see the FA has delivered its verdict and found Terry's version of events difficult to believe. They do of course work to a different burden of proof. Would they have reached the same verdict if they'd had to be satisified beyond all reasonable doubt? From the reports it seems they probably would. You would have thought a Magistrate would have taken a fairly hardbitten view of the matter. Interesting to see the FA seem to be more cynical than the courts!