Another week to wait on the ruling in interlocutory proceedings, KV Mechelen against Football

0
2

Nog week wachten op uitspraak in kort geding KV Mechelen tegen Voetbalbond

There came a small army of lawyers showed up for the session. In the foreground: master Luyckx, the lawyer of spijtoptant Veljkovic.

In a final attempt to degradation of KV Mechelen and Waasland-Beveren to avoid, calling for an army of lawyers today for a postponement of the tuchtzaak to matchfixing. According to the Belgian Football association (belgian football association), that would be chaos and “impunity” mean. The statement follows next week on Thursday only.

“Do I need my sleeping bag, or would it be still the darkness? referred the president of the commercial court in Brussels, scornfully to the army of lawyers that both sides had come to show up for the interlocutory proceedings in the matchfixingdossier. Then the long-awaited legally fight the markets.

‘No fair trial’

Therein tried the lawyers of KV Mechelen, Waasland-Beveren and the board members concerned the court in summary proceedings with a battery of arguments to convince the disciplinary investigation and to suspend. Most of these arguments were already known, and save merely on the procedure followed, not on the merits of the case.

The argument is mainly down to the fact that the defense is that the member clubs and directors do not have a fair trial. For example, because the tuchtdossier of the royal belgian football association, the Belgian football association, is not fully. There are only 35 pieces of the case and the defense lawyers demand full access to the documents in the criminal file. And that’s because a number of pieces that their clients would be exonerated, not available for inspection.

Raskin

In addition, 33 of the 35 pieces from the case – mainly written reports of phone-tapping and interrogations – from the criminal investigation that was led by the now impugned judge Raskin. Which, according to the lawyer of KV Mechelen is a real risk that those pieces later be declared null and void.

On the other hand, the defense lawyers enough time have been given to prepare. The emergency procedure would be a too tight timing concerns. And according to some lawyers, they would, according to the bondsreglement for a heavy tuchtzaak such as matchfixing is not applicable .

The lawyer of Waasland-Beveren added, delicately, that the football association has its own rules does not respect. Because the members of the league must refrain from communications during a procedure. And that rule was, according to Waasland-Beveren violated.

‘Possible conflicts of interest’

Relatively new, however, is that the lawyers and also the independence of the research coordinator of the royal belgian football association, Ebe Verhaeghe, in the question asked. Not only because the research coordinator unauthorised contact would have been with a lawyer from the defense. But also because his company would work as an auditor for KV Kortrijk, that – according to our information – in the corridors at the Uefa polled would have to the opportunities that KV Mechelen with conviction are European ticket would be able to maintain. But, according to the lawyer of KV Mechelen, KV Kortrijk complaint. His conclusion: potential conflicts of interest.

Also notable: also master Luyckx, the lawyer of spijtoptant Veljkovic, argued for the separation of the case and thus delay. According to the spijtoptantregeling of Veljkovic, he may, according to the lawyer not say anything against the football association. “Give us time until we can talk if the criminal investigation is completed to my client.’

‘Thorough investigation’

The lawyers of the belgian football association were that the arguments of table. ‘As a club, you accept not only the rules of the football association, you make them yourself. Now, they want to here not accept. That is not the first time when a club sporty in trouble, ” she said sharply.

The tuchtonderzoek is according to the royal belgian football association, however, is thoroughly lined. “There is a lot more than the pieces from the case, there were more than 100 people answered’, according to the lawyers of the belgian football association.

Precedent Olympiakos

The precedents cited by the defense (the trial of Mitu in the corruption-scandal of the gokchinees Zhe Yhun Ye, eds.) according to the belgian football association will not apply. And there is a possibility that the decision to later suspend. In addition, the defense attorneys everything from the shelves to the matchfixingonderzoek degrade, so they have had time to defend himself.

And, last but not least, the highest sporttribunaal in Switzerland, the BAG, has already a similar request of the Greek football club Olympiakos, also asked for disciplinary proceedings of the Greek football federation to postpone until after the criminal investigation – rejected. According to the belgian football association is an important precedent.

Impunity

Conclusion of the royal belgian football association: the disciplinary proceedings now suspend is not necessary. On the contrary, the football league must ‘be honest and orderlijk expired”. KV Mechelen now delay, means, according to the royal belgian football association ‘impunity’. Because in the case of the Gokchinees Zhe Yhun Ye took up to 9 years for a ruling came in the strafonderdozek. ’And that is not in the interest of the clubs, not in the interest of the supporters and not in the interest of the society’.

The lawyer of the prof league, joined thereto. The disciplinary procedure delay would, according to him, cause irreparable damage. After which he an example of the chaos that could arise as a KVM for the next season yet in the highest voetbalklasse of Europe would play. “What if the club than a few points and still be convicted? The teams that played them will feel aggrieved, and lawsuits to boot.’

Walter Van Steenbrugge, a lawyer Sporting Lokeren, pleaded, lastly, that the Brussels court in interlocutory proceedings is not competent for this matter., but the Dispute Appeal by the royal belgian football association. Since starting the pleadings (with essentially the same arguments) on Saturday already.

Chaos

It is now up to the court in summary proceedings to decide. Not substantively, but on the further timing of the procedure. If the court KV Mechelen and Waasland-Beveren postponement, threatens the football league next season in chaos to start. Possible start 1A with 18 football teams and 1B with less than 6 teams. In all other cases – the court declares itself incompetent or gives the belgian football association are right – the disciplinary proceedings against both clubs. And risk they are to be sentenced to relegation.

The judgment in summary proceedings follows not until next Thursday to 14 hours. At that time the pleadings before the arbitration board of Appeal of the football federation has already started. Including KV Mechelen (Monday) and Waasland-Beveren (Tuesday) will have their case called. If the judge in interlocutory proceedings, KV Mechelen, Thursday the same, will the tuchtzaak of the belgian football association only at that time until further notice suspended.