Wednesday, March 20, 2013

Newcastle could appeal to FIFA against FA’s decision not to sanction McManaman

 A summer agreement between football’s stakeholders prevented retrospective action from being taken against Wigan Athletic’s Callum McManaman, following a horror tackle on Newcastle United’s Massadio Haidara on 17 March. This is despite the FA’s own regulations allowing retrospective action to be taken. However Newcastle United, which called the FA’s disciplinary procedures ‘not fit for purpose’ in a 19 March statement, may have a case to appeal to FIFA.

 

‘Following consultation with the game’s stakeholders (the Premier League, the Football League, the Professional Footballers’ Association, the League Managers’ Association, Professional Game Match Officials Limited and the National Game) in the summer, it was agreed that retrospective action should only be taken in respect of incidents which have not been seen by the match officials’, read a 19 March statement from the Football Association (FA).

 

However, the FA’s rules do allow retrospective action to be taken. Section A, Regulation 8(j) (Rule E3) of the FA’s Disciplinary Handbook states: ‘A charge of Misconduct…may be brought against a Player in relation to an incident whether or not the same incident has been dealt with by the referee’.

 

FIFA regulations would allow a Newcastle appeal. Although Article 72 of the FIFA Disciplinary Code mandates that the referee’s decision is final, it also provides that ‘in certain circumstances, the jurisdiction of judicial bodies [Disciplinary Committee, Appeal Committee & Ethics Committee] may apply’. These ‘certain circumstances’ are defined in Article 77 as ‘sanctioning serious infringements which have escaped the match officials’ attention’ and ‘rectifying obvious errors in the referee’s disciplinary decisions’. Newcastle may have a case here.

 

Further salt has been rubbed into the wound with the news that the FA is to charge Newcastle’s Assistant Manager John Carver with misconduct in relation to the match against Wigan. The club is understandably upset. ‘Newcastle United, along with other clubs, have had players suspended for incidents reviewed after the game’, read its 19 March statement. ‘Whilst not trivialising these incidents, they were not, in our opinion, of the seriousness of Callum McManaman's tackle on Haidara. Whilst we understand that the current procedures give the FA limited options, it cannot be correct that the most serious offences - those which have the potential to cause another player serious harm - can go unpunished, even if the original incident was seen by match officials. We will now be making a strong representation to the FA and the Premier League to see how a more appropriate, fair and even-handed disciplinary process can be introduced at the earliest opportunity to prevent incidents of this nature going unpunished in the future.’

 

If that doesn’t work, a FIFA appeal may be the next option.

 

Andy Brown


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