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27.11.2015 Sports News

GFA Disciplinary Committee dismisses Pan Africa FC appeal against Tsame Young Stars

27.11.2015 LISTEN
By Ghana FA

The GFA Disciplinary Committee has dismissed Pan Africa FC's appeal against the Volta Regional Football Association Disciplinary Committee's decision on the case between them and Tsame Young Stars FC.

PANEL
1. Prosper Harrison Addo, Esq. - Chairman
2. Eva Okyere, Esq. - Member
3. W.O.1 J.W. Amoo - Member
4. Godsway Glah - Member
Emmanuel Newton Dasoberi - Secretary
PROCEEDINGS
In accordance with Article 41.6 of the GFA Statutes and Articles 37(10)(a) to 37(10)(h) of the Ghana

Football Association (GFA) General Regulations, this Disciplinary Committee (the Committee)

considered the depositions from Pan-Africa Football Club (Appellant), Tsame Young Stars Football

Club (Respondent) and the record of proceedings from the Disciplinary Committee of the Volta

Regional Football Association (VRFA DC).
SUMMARY OF THE FACTS
CASE OF PAN-AFRICA FC
Pan-African Football Club (Appellant), on October 15, 2015 brought an appeal to overturn the decision of the VRFA DC delivered on October 1, 2015 which dismissed the club's protest against Tsame Football Club (Respondent) for allegedly fielding unqualified players in their second division league match.

The Appellant alleged that the VRFA Disciplinary Committee which adjudicated the protest was biased because Felix Salome should have declined to sit on the case as an interested party. The Appellant also urged that the VRFA DC decision beached the “protocol procedures specified” by Articles 16(3), 16(4) and 16(5b) of the GFA General Regulations with respect to the alleged unqualified players.

The Petitioner consequently, demanded that the decision of the VRFA DC should be overturned and Pan-Africa FC awarded three points and three goals.

DEFENCE OF TSAME YOUNG STARS FC
The Respondent failed to file a Statement of Defence to the Appeal within three (3) days of receipt of the Appeals as stipulated by the GFA General Regulations.

FINDINGS AND GROUNDS OF THE DECISION
The absence of a Statement of Defence from Tsame Young Stars FC notwithstanding, this Committee shall in accordance with Articles 37(10)(e) and 37(10)(c) of the GFA Regulations proceed to deliver its decision.

The said Article 37(10)(e) states that:
”The procedures laid down for cases before the Disciplinary Committee shall where appropriate apply to the Appeals Committee, Ethics Committee and Players' Status Committee”.

Also, Article 37(10)(c) states that:
“the Disciplinary Committee may deliver its decision in any given case even if one party fails, neglects or refuses to file a statement of defenceor a reply as the case may be within the stipulated time”.

Article 34(13)(a) of the GFA General Regulations. The said Article 34(13)(a) of the GFA General Regulations is reproduced as follows:

“The burden of proof regarding protests between clubs rests on the protesting club and in the case of a charge by the Prosecutor, the burden rests with the Prosecution”.

With the basis for determining the matter on its merit established, this Committee shall proceed to determine the case.

Now, on allegation of bias against a member of the VRFA DC, this Committee has not been provided with any sound basis to support the claim. The Appellant did not provide any evidence that the member in question was a member of the panel and if he was a member that there was a real likelihood of bias. The point must be made that a mere allegation of bias is not sufficient to overturn a decision of a judicial body.

On the matter of the alleged unqualified players, the facts are that the match in question was played on July 26, 2015 and the licences of the players concern were issued on two dates - July 8, 2015 and July 21, 2015. It is therefore impossible to sustain a case of forfeiture under Articles 34(1)(e) and 29(1)(a) of the GFA General Regulations due to a failure to produce the licences for inspection.

Article 34(1)(e) provides that:
“A team commits an offence punishable by forfeiture of a match where it fields an unqualified player(s)”.

Article 29(1)(a) provides that:
“An unqualified player is any player not registered at an association who appears for a club in any official match. …”.

It is the holding of this Committee that once the players were duly registered before they played in the match, Tsame Young Stars FC did not violate the above regulations. If at all, the club may be punished by the imposition of the fines sated in Article 16(5)(a) of the General Regulations.

Article 16(5)(a) reads:
“Failure to produce player(s) license (s) for inspection before the commencement of the match except where the GFA itself retains the player(s) license for a specific purpose shall attract a fine of Gh¢250.00, Gh¢125.00 and Gh¢75.00 for Premier, First and Second / Lower Division Clubs respectively”.

More importantly, in the instant case, the fact on record is that, the licences of the players were provided to the VRFA with the stipulated. It is the position of this Committee that the decision of the VRFA DC was supported by the regulations.

DECISION
The Committee therefore makes the following decisions:

1. That the appeal of Pan-Africa FC is hereby dismissed and the decision of the Disciplinary Committee of the Volta Regional Football Association is hereby upheld.

2. That no cost is awarded.
3. That the Ruling of this Committee is final in accordance with Article 41(6) of the GFA Statutes.

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