Appeal procedure from MFA Disciplinary Commissioner decision
23 October 2010 - 12:47
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1. There shall be a right of appeal against the decision of the Commissioner if:
- (a) it is alleged that a procedural irregularity has been committed by the Commissioner; or
- (b) it is alleged that the wrong person was convicted by the Commissioner; or
- (c) except in the case of an indefinite suspension under certain circumstances (refer to MFA personell for more info.) in the case where a suspension of more than two matches for the same offence or a period suspension exceeding one month for the same offence has been inflicted, provided that in the case of concurrent suspensions inflicted by the Commissioner on the same player during the same sitting but for different offences, even if such offences had taken place during the same match, both in the case of a suspension not exceeding two (2) matches for the same offence and in the case of a suspension not exceeding one (1) month for the same offence, there shall be no right of appeal.
2. The appeal shall be heard by the Appeals Board of the Association.
3. The provisions of the Statute of the Association relative to the Appeals Board shall apply to an appeal from a decision of the Commissioner unless these are in conflict with the rules established hereunder and in which case these rules shall apply in the case of such an appeal.
4. An appeal shall not have a delaying effect on the decision of the Commissioner which shall remain operative until such decision is canceled or mitigated by the Appeals Board.
5. A player, an official or a Club which desires to make an appeal must file a petition in writing accompanied by a deposit of seventy-five euro (€75) within six (6) days of the decision of the Commissioner. A petition of appeal shall not concern more than one (1) player or official.
6. The Appeals Board shall consider as a means of evidence:
- (a) the report of the Referee, the report of the Match Inspector, if any, and any other evidence produced before the Commissioner; and
- (b) the appellant; and
- (c) if it considers practical and necessary the Referee and the assistant referees, if any, and the Match Inspector, if any; and
- (d) any other evidence which it deems necessary.
7. The Appeals Board shall hold its first sitting within one (1) week after the filing of the appeal and shall give its decision as early as practically possible. In the case of an allegation of mistaken identity only the appeal shall be heard before the next competitive match involving the player in question.
8. (a) The Appeals Board shall be assisted by the Secretary to the Board or another person nominated to act as a Secretary to keep the minutes of the proceedings and to render all the necessary assistance to the Board.
(b) The Commissioner or an Officer of the Association shall attend the sitting of the Appeals Board as an interested party to uphold the decision of the Commissioner.
9. (a) In order that an appeal under clause (1) para.(b) may succeed, the Appeals Board must be satisfied not only that the person convicted was wrongly convicted due to an error in identity but also that clear proof is brought forward as to who is the real offender.
(b) When an appeal is upheld under this clause, the Appeals Board shall cause a copy of the decision to be sent to the appellant and to his club as well as to the club of the real offender, if different from the club of the person freed, and shall refer the documents of the case and/or the other evidence to the Disciplinary Commissioner.
(c) When a case has been referred by the Appeals Board to the Disciplinary Commissioner as provided in sub. clause (b) above, the Commissioner shall, during his first sitting after such reference, judge again the matter by declaring guilty the person whose name has been referred to him and punish him for the offence/s committed. In so doing, the Commissioner is not bound by the punishment which had been inflicted on the wrong person.
10. The Appeals Board shall decide on the costs of the appeal and on the forfeiture of the deposit if the appeal is not upheld.
11. If the Appeals Board is of the opinion that a frivolous or irresponsible appeal has been lodged, besides ordering the forfeiture of the deposit and condemn the appellant to pay the costs of the appeal, it shall impose a fine not exceeding one hundred and fifty euro (€150) upon the appellant.
12. The decision of the Appeals Board is final and binding unless a reference could be made or has been made to the Independent Arbitration Tribunal established by the Association's Statute. In the latter case, the decision of the Independent Arbitration Tribunal shall be final and binding.
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