Lawyer: FAM has grounds to counter-sue 7 naturalized players.
Lawyer Nik Erman Nik Roseli suggested that FAM could sue seven naturalized players for self-declaring their Malaysian ancestry; FIFA upheld the 12-month suspension, fined each player £2,000, and FAM £350,000 Swiss francs, with the case being referred to the CAS.
Following FIFA's Appeals Committee's upholding of the 12-month suspensions for seven naturalized players, a new legal avenue has emerged: the Football Association of Malaysia (FAM) now has grounds to counter-sue the players involved. This assessment was made by sports and commercial lawyer Nik Erman Nik Roseli in an interview with Sukan Sinar.
Legal argument: "The grounds for a lawsuit exist, but the probability of winning is low if the player sues FAM."
According to Nik Erman, the main basis lies in the "Motive Decision" issued by FIFA. He stated: "According to the evidence in the 'Motive Decision' issued by FIFA, the players claim that they entrusted the entire naturalization process to representatives or staff of FAM, whose identities are unknown or unnamed. Any falsification of documents originated from within FAM. Therefore, the question of whether the players can sue FAM is yes, but the chances of success are very low."
Notably, the lawyer emphasized that the players "are not innocent." He said: "In my opinion, the players are not innocent. They didn't read, didn't understand, and didn't care about the naturalization process, and they remained indifferent even after being suspended by FIFA for 12 months. They cannot evade responsibility like that. If we side with FAM, it is the federation that should sue these seven players, because they falsely claimed to have Malaysian blood and be eligible for naturalization when in fact they were not."
People involved
Seven naturalized players for the Malaysian national team have been named, including:
- Gabriel Felipe Arrocha
- Facundo Garcas
- Rodrigo Holgado
- Imanol Machuca
- Joao Figueiredo
- Jon Iraurgui
- Hector Hevel
The focus on responsibility and the "mediator"
Nik Erman argues that legal action should also target FAM representatives or staff who acted as "intermediaries" in the application process. He believes this is a crucial link in the controversial case, alongside the responsibility of the players themselves as those providing the information.
Previously, some sources in Malaysia suggested that seven players might sue FAM for falsifying documents. However, Nik Erman's assessment indicates that the probability of success for this lawsuit is low, while FAM could sue based on the players' self-declaration of Malaysian ancestry, which they claim may not meet the eligibility requirements.
FIFA's penalty and the next steps.
The FIFA Appeals Committee upheld the FIFA Disciplinary Committee's decision: a 12-month suspension for seven players, a £2,000 fine each, and a 350,000 Swiss franc fine against the FAM. The players were found to have violated Article 22 of the FIFA Disciplinary Code relating to falsification of documents.
| Object | Penalty | Base |
|---|---|---|
| 7 players | Suspended for 12 months; each fined 2,000. | Article 22 of the FIFA Disciplinary Rules |
| FAM | A fine of 350,000 Swiss francs. | The decision of the FIFA Disciplinary Committee was upheld by the Appeals Committee. |
Currently, FAM is taking the case to the Court of Arbitration for Sport (CAS) for further resolution. This move indicates that the case is still ongoing, with subsequent legal stages expected to clarify the roles of each party in the naturalization process.
Immediate meaning
Based on the arguments cited, the legal picture is leaning towards the possibility of FAM proactively filing a countersuit to clarify the players' reporting responsibilities and to address the "intermediaries" involved. The final outcome will depend on the review process at CAS and any further legal proceedings initiated by the parties.
