Competition Committee confirm disqualification from Copa, speak of “slackness” and says there was “lack of a minimum level of due diligence by the club” and Cheryshev Competition Judge gets tough on Madrid Francisco Rubio, the Competition Committee judge, was given the task of resolving the complaint lodged by Cádiz owing to the improper alignment made by […]
5 de diciembre de 2015 - Sportyou
Competition Committee confirm disqualification from Copa, speak of “slackness” and says there was “lack of a minimum level of due diligence by the club” and Cheryshev
Competition Judge gets tough on Madrid
Francisco Rubio, the Competition Committee judge, was given the task of resolving the complaint lodged by Cádiz owing to the improper alignment made by Real Madrid in the round of sixteen of the Copa del Rey. In his resolution, the judge declares that Denis Cheryshev was ineligible to play, so the tie is resolved in favour of Cadiz and Madrid are therefore eliminated from this competition. Real Madrid, for their part, have defended their position by means of a statement in which they argue that the player was not notified in person of his sanction.
Real Madrid presented their side of the case arguing that they had committed no error and blamed the Federation and Villarreal. Now the Blancos will take the case to the Appeals Committee, next Wednesday, and, failing that, to the Spain’s sport court, the TAD, on Friday December 11th.
Regarding Real Madrid’s first argument, namely that the player had not been notified of the sanction, the judge responded that “there is unequivocal and irrefutable evidence that the notification reached Villarreal” for which reason “there is not the slightest doubt that the club that Denis Cheryshev played for at the time informed him of the suspension.” Although Real Madrid say there was no personal notification, the judge referred to the Disciplinary Code which states that “the rule does not actually dictate that the club must notify the player of such a decision (…) the club’s address is taken to be the player’s address for such notification.” The judge then reminded them that this was the “habitual and logical system of notifications” that had worked that way “for years and years… The notification was sent to the player’s own address as stated in his registration.”
The resolution also points to the “lack of due diligence” on the part of Real Madrid and of Cheryshev. “Nowhere is it stated, nor does common sense dictate, that each and every one of the hundreds of sanctions imposed be delivered by hand to the player in question with acknowledgement of receipt.” Rubio then says Real Madrid’s argument, based on a “limited and biased interpretation of article 41”, was “forced and flimsy”.
The judge explained that “a minimum following of Cheryshev’s career… would mean being up to date with his sporting situation, including any pending sanctions that the Real Madrid player himself might well have recalled on returning to the team and/or being called up for the fixture against Cádiz”. The judge then gave a very graphic simile to illustrate his point: “It would suffice to extrapolate this imprudence or slackness, for example, to a professional driver who does not know or does not recall whether he has points on his driving licence.”
In the long resolution, as well, it is confirmed that Real Madrid have been fined €6,001, in application of Article 76, sections 1 and 2.a and that Cheryshev’s one-match ban would correspond to the game in which he participated, for which reason he will not have to miss any future games.
Cádiz, the first to confirm the news
Cádiz were the first organisation to make the news official, after various media had reported it. The Andalusian club were informed of the resolution at 18:22. The club “respects the decision, just as we would have done had it gone the other way and our complaint been rejected. At the same time we understand that Real Madrid are fighting to defend their club’s and fans’ rights, in their attempt to get this sanction overruled. Cádiz deeply regret what happened. At no point did our club wish to be in the media limelight in this Cup tie.”