Lawyer: FAM unlikely to win at CAS without new evidence.
FIFA upheld the 350,000 Swiss franc fine against FAM and the 12-month suspension of seven players. Lawyers say FAM needs new evidence to win at CAS.
After the FIFA Appeals Committee upheld the "document forgery" case involving naturalized players, the Football Association of Malaysia (FAM) faces the challenge of appealing to the Court of Arbitration for Sport (CAS). According to sports lawyer Nik Erman Nik Roseli, the chances of overturning the case are very low if FAM cannot present new evidence, especially regarding the original documents.
Context and FIFA sanctions
The FIFA Appeals Committee rejected the appeal and upheld the Disciplinary Committee's decision from September. Accordingly, FAM was fined 350,000 Swiss francs (approximately 11.5 billion VND) and seven naturalized players – Gabriel Palmero, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Jon Irazabal, and Hector Hevel – were suspended from all football activities for 12 months.
| Category | Detail |
|---|---|
| FAM fine amount | 350,000 Swiss francs (approximately 11.5 billion VND) |
| Player punishment | Seven naturalized players suspended for 12 months. |
| Player list | Gabriel Palmero, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Jon Irazabal, Hector Hevel |
The key point when going to CAS: original evidence.
Lawyer Nik Erman emphasized that the focus of the litigation lies in the original documents relating to the players' origins: “The key issue is the original evidence of the birth certificates of the players' grandparents. If FAM denies the authenticity of the documents that FIFA considers 'forged,' they must present new evidence to prove otherwise.”
According to him, FAM can appeal with two different goals: to prove its innocence or to seek a reduction in sentence. But each option entails a different legal strategy and standards of evidence: "FAM can appeal to reduce its sentence, but it needs to clearly define its goal: to prove its innocence or simply to reduce the penalty."
Timeframe and cost risks
According to procedural regulations, FAM has 10 days to request a detailed judgment and an additional 21 days to file an appeal with CAS. Lawyer Nik Erman warned that this path is “both costly and risky,” because international litigation can consume significant resources but “the outcome remains highly unpredictable.” He added: “If FAM only wants a reduction in punishment, it’s probably not worth the enormous time and cost involved.”
- 10 daysRequest for a detailed judgment.
- +21 daysComplete and submit the appeal to CAS.
The player's eligibility to compete after the ban.
Even after the 12-month suspension ends, the aforementioned players are still not eligible to represent the Malaysian national team under FIFA regulations, unless they have resided in Malaysia for at least five consecutive years. This is a crucial international eligibility requirement that FAM needs to consider in all legal scenarios.
Public pressure and FAM's choices
Attorney Nik Erman noted the public funding factor: FAM receives significant funding from the government, i.e., from taxpayers' money. Therefore, before embarking on a costly and lengthy legal process, FAM needs to carefully assess the cost-effectiveness, as well as the social reaction if the results are not as expected.
What awaits us ahead
FAM has not yet made a final decision on whether to appeal. Regardless of the chosen path, according to legal observers quoted domestically, this remains a "gamble" with the probability of success depending almost entirely on the ability to present new evidence compelling enough to convince CAS.
