Disciplinary Committee dismiss Pure Joy application for Stay of Execution
The GFA Disciplinary Committee has at its meeting held on Thursday June 5, dismissed the Pure Joy FC's application for a Stay of Execution of on its decision taken on June 1.
The Disciplinary Committee fined Pure Joy GHC 10,000 and banned the Club eight home matches after they were charged on three counts of breaching various Articles in the GFA Disciplinary Code and the General Regulations
On June 4, 2015, the Applicant applied to the Disciplinary Committee for grant of a Stay of Execution pending the outcome of its appeal filed at the Appeals Committee of the Ghana Football Association to overturn the Decision delivered by this Disciplinary Committee on June 1, 2015.
The Application for the stay of execution was made by a Motion dated June 3, 2015 supported by an Affidavit deposed to by the Chairman of Prampram Purejoy FC, Nicholas Nii Addo.
The Applicant also attached the appeal the club filed at the Appeals Committee to the Motion and the Affidavit in Support.
FINDINGS AND GROUNDS OF THE DECISION
It is clear that the Applicant is appreciative of Article 37(17)(a) and hence the application to this Committee for the stay of execution as its appeal does not operate as a stay of execution of the decision. The Applicant has also satisfied the requirement of Article 37(17)(c) by the club's payment of the requisite filing fee of GHc150.00. The Applicant's main grounds suggest that the Applicant is not challenging the decision in itself but rather the severity of the fine and the ban imposed on the club.
It is trite law that the Applicant must show that if the stay of execution is not granted the club would suffer some irreparable damage if the club's appeal is upheld by the Appeal Committee.
The Committee is of the view that there will be no damage caused to the Applicant. This is because if the decision of the Disciplinary Committee is stayed, the indefinite ban placed on the club by the GFA Executive Committee to prevent the club from playing at the Ghanaman Soccer Centre of Excellence will automatically become operative.
Thus, the effect of the grant of the Stay of Execution will not be any different from the effect of the execution of the decision of the Disciplinary Committee. In both instances, the Division One League Board will still decide the venue for the home matches of the club.
On the payment of the fines, it is our considered position that the club can be restored to its original position without any irreparable damage being caused to the club.
For the above reasons, the Committee shall decline the grant of the application of the stay of execution.
The Committee therefore, makes the following decisions:
1. That for failing to demonstrate that an irreparable damage will be caused to the club should the application not be granted, Prampram Purejoy Stars FC's Application for Stay of Execution is hereby dismissed and the Division One League Board shall ensure that the decisions contained in the Ruling of the Disciplinary Committee delivered of June 1, 2015 shall be fully executed.
2. That there is no order to cost.