Disciplinary Committee fines KFC Physio Francis Osei Tutu GH¢300

The GFA Disciplinary Committee has imposed a GH¢300 on Francis Osei Tutu, Physio of KFC Samosa in relation to their GN Bank Division One League match against Karela in Kumasi.

THE CHARGE
Osei Tutu, Physio of KFC Samosa FC, was charged with one count of misconduct with regards to the GN Bank Division One League match between KFC Samosa FC and Karela FC played at Kumasi. Osei Tutu was alleged to have rushed on the match referee on the field of play, insulted and attempted to physically assault the match referee but for the timely intervention of the security personnel on duty in violation of Articles 35(1)(a), 35(3)(c), 35(7)(d) and 35(9) the GFA General Regulations.

DEFENCE
Osei Tutu did not respond to the charge even though the Charge Sheet which was sent to him through his club and was also published on www.ghanafa.org stated that:

You are required to submit your written Statement of Defence to the charge(s) on or before Thursday, August 6, 2015 on or before 5pm at the GFA Secretariat or through email address to the Disciplinary Committee [email protected], failing which the Disciplinary Committee shall proceed to adjudicate the case without your Statement of Defence.

Should you choose Defence Options 3 (Personal Hearing) in your Statement of Defence, kindly attend the Disciplinary Committee on Thursday, August 27, 2015 at 4pm at the GFA Secretariat to answer to the charge(s), failure which the Disciplinary Committee shall proceed to adjudicate the case in your absence.

PROCEEDINGS AND FINDINGS
The Committee examined the depositions in the Charge Sheet and the reports of the match officials of the said match.

The Committee has established as a fact that the Charge Sheets was sent to Osei Tutu through his club and were also published on the official website of the Ghana Football Association (www.ghanafa.org) which has become one of the official mode of communication for the GFA since the GFA Congress gave the mode its approval on December 30, 2014.

It is the view of the Committee that there is a proof that Article 35(19) of the General Regulations was complied with, and therefore Osei Tutu has no excuse whatsoever for their failure to respond to the charges and the invitation to the GFA Disciplinary Committee.

Article 35(19) reads: “All official correspondence including but not limited to daily and weekly information updates, fines, debts, costs, notices, invitations, decisions, communiqués and any other information of the Association, its bodies, its Organs, its committees or the Secretariat shall be deemed to have been duly served on a club, its officers, players, supporters, agents, representatives or whoever described, if the service of the said correspondence is communicated to the Club or the Club Secretary or the Club owner, or the Club Representatives submitted to the GFA through its fax, e-mail address, postal address, or delivery of a hard copy thereof or is made or published through the GFA newspaper or newsletter or other national newspapers, the GFA website or announced through any radio station or television station or posted on the GFA notice board”.

The Committee holds that it will side with Article 85 of the Disciplinary Code on the facts stated in the match report and the evidence given by the prosecution.

The Disciplinary Committee is satisfied with the evidence before it that the conduct of Osei Tutu amounts to misconduct and a breach of Regulations of the GFA and shall accordingly apply the necessary sanctions against Osei Tutu in this respect.

DECISION
The Disciplinary Committee makes the following decisions:

1. That the Disciplinary Committee having satisfied itself that the evidence adduced before it supports the charge, hereby imposes a fine of an amount of Three Hundred Ghana Cedis (GHc300.00) on Francis Osei Tutu.

2. That the fine stated in Decision 1 above, shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which KFC Samosa FC shall automatically forfeit all subsequent matches after the said deadline in accordance with Article 15(b) of the GFA Disciplinary Code and Article 39(8)(b) of the First Amendment to the GFA General Regulations.

3. That should any party be dissatisfied with or aggrieved by this Decision, the party has within three (3) days of being notified of this Ruling to appeal to the Appeals Committee (See Article 37(11) of the General Regulations of the GFA).