Bad news for Xavi Hernández who will not be able to count on Vitor Roque for this weekend's League match against Granada. The Appeals Committee has rejected the appeal presented by FC Barcelona last Wednesday, in which the Catalans asked that the second yellow card that the Brazilian player saw against Alavés and for which he ended up being sent off not have effect. Therefore, he leaves him without playing in this match against Granada, next Sunday at 9:00 p.m.
“In the 72nd minute, the player (19) Roque Ferreira, Vitor Hugo, was cautioned for the following reason: For recklessly hitting an opponent's leg with his foot,” the match referee recorded in the referee's report.
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Appeal has rejected the appeal and maintains the match sanction for the footballer.
The Appeal Committee met to review and resolve the appeal filed by the representation of the FC Barcelonaagainst the resolution adopted by the Disciplinary Committee on February 7, 2024, in relation to the celebration of the match corresponding to matchday 23 of the National First Division Championship, played on February 3, 2024 between the teams Deportivo Alavés and FC Barcelona.
FIRST – The referee's report of the aforementioned match, in the section Incidents 1.- Players, under heading A.-
Reprimands, literally transcribed, reads:
SECOND – Having seen the minutes and other documents corresponding to the aforementioned match, the Disciplinary Committee, on February 7, 2024, agreed to impose on Mr. Vitor Hugo Roque Ferreira a sanction of 1 match suspension for a double warning and subsequent expulsion, in application of the article 120 of the RFEF Disciplinary Code, with the corresponding accessory fines (art. 52).
THIRD – An appeal has been filed in due time and form by FC Barcelona against said agreement, requesting that the sanction be reviewed.
LEGAL FOUNDATIONS
FIRST – FC Barcelona requests in its appeal before this Appeal Committee, the revocation of the first instance resolution issued by the Disciplinary Committee, for the following reasons:
The Club begins by recalling the criteria used in the lower court resolution by inserting a fragment, from which it interprets that its allegations were rejected when the Disciplinary Committee considered that it was not possible to demonstrate the existence of a material and manifest error in the drafting of the minutes. ..
Next, he reiterates that, in view of the videographic evidence provided in his defense, which was also presented in court, the Rules of the Game were incorrectly applied, since the description of the action carried out by the referee does not correspond to what happened, which would give rise to the existence of a manifest material error that should lead to the estimation of your claim…
Next, he reiterates the reasons presented in his brief of allegations filed before the Disciplinary Committee, as well as recalling the doctrine of the TAD regarding the requirement of proof that serves to conclusively prove the existence of a manifest material error. Therefore, he states that after reviewing the images it can be inferred that what was stated in the minutes responds to a clear and manifest material error…
SECOND – We must begin by remembering that as established in the General Regulations of the RFEF, “the referee is the sole and unappealable sports authority, in the technical order, to direct the matches” (article 260.1) and among his obligations is to “admonish or expel, depending on the importance of the foul, any footballer who observes incorrect behavior or proceeds in an inconvenient manner and also coaches, assistants and other legally affected persons” (article 261.2 section e) ; as well as to “write in a faithful, concise
, clear, objective and complete manner, the minutes of the meeting, as well as the additional reports that it deems appropriate, sending, with the greatest urgency and by the fastest procedure, both to the competent entities and organizations” (article 261.3, section b)…
THIRD – To decide whether or not there is a manifest material error on the part of the referee, the evidence provided must be used, with videography (and images, in general) being of special value in these cases, such as that provided by the Recurring club. This evidence is clearly admitted in Spanish legislation as a means of proof (thus, art. 382 of Law 1/2000, of January 7, on Civil Procedure (LEC), as reflected in multiple resolutions of the TAD). .
ROOM – After studying the arguments and allegations of FC Barcelona and, especially, after carefully analyzing the videographic evidence provided, the members of this Appeal Committee, unanimously, understand that it is not possible to appreciate a manifest material error capable of refuting the presumption of veracity of the arbitration record given that the images are, in any case, compatible with what is reflected in the record. We must assume that what is elucidated in the disciplinary bodies is not proof of what really happened, but rather something much more modest: if what is seen in the evidence, specifically now in videography, is compatible with what is reflected in the minutes, in this case <
In short, since the images are compatible with what is reflected in the record, and in the absence of evidence that distorts it, the manifest material error cannot be appreciated, regardless of whether these images are also compatible with other potential versions of the facts such as, including that maintained by the appellant Club. Nor would mere doubts be enough to demonstrate that “clear and patent” error, the only one capable of refuting the presumption of veracity of the arbitration record…
By virtue of the foregoing, the Appeal Committee
AGREE:
Dismiss the appeal made by FC Barcelona, confirming the contested agreement contained in the resolution of the Disciplinary Committee dated February 7, 2024.
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