Lawyer: FAM will find it difficult to win at CAS without new evidence
FIFA upheld the fine of 350,000 Swiss francs to FAM and the suspension of 7 players for 12 months. Lawyers said that to win at CAS, FAM needed new evidence.
After the FIFA Appeal Committee upheld the penalty for “document forgery” of 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 original documents.
Background and FIFA sanctions
The FIFA Appeals Committee dismissed the appeal and upheld the decision of the Disciplinary Committee from September. Accordingly, FAM was fined 350,000 Swiss francs (equivalent to about 11.5 billion VND) and seven naturalized players including 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 level | 350,000 Swiss francs (≈ 11.5 billion VND) |
| Player penalty | 12-month suspension for 7 naturalized players |
| List of players | Gabriel Palmero, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Jon Irazabal, Hector Hevel |
The bottom line when issuing CAS: original evidence
Attorney Nik Erman stressed that the focus of the litigation lies in the original documents related 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 produce new evidence to the contrary."
According to him, FAM can appeal with two different goals: to completely clear their name or just ask for a reduction. But each option entails different legal strategies and evidentiary standards: “FAM can appeal to reduce their sentence, but they need to clearly define their goal: to clear their name or just want to reduce their sentence.”
Timeframe and cost risk
Under procedural rules, FAM has 10 days to request a detailed judgment and another 21 days to file an appeal with CAS. Lawyer Nik Erman warned that this path is “both costly and risky”, as international litigation can consume large resources but “the outcome remains highly unpredictable”. He added: “If FAM just wants to reduce the penalty, it may not be worth the huge time and expense.”
- 10 days: Request for detailed judgment
- +21 days: Complete and submit an appeal to CAS
Player eligibility after ban
Even after the 12-month suspension ends, the players will still not be eligible to play for the Malaysian national team under FIFA regulations, unless they have lived in Malaysia for at least 5 consecutive years. This is an important international eligibility constraint that FAM needs to consider in any legal scenario.
Public pressure and FAM's choice
Attorney Nik Erman notes the public budget factor: FAM receives significant financial resources from the government, that is, from taxpayers' money. Therefore, before entering into a costly and lengthy legal process, FAM needs to carefully assess the effectiveness - costs, as well as the social reaction if the results are not as expected.
What to Expect
FAM has not yet made a final decision on its appeal. Whichever route it takes, legal observers quoted in the country say it is still a “gamble” with the probability of success depending almost entirely on the ability to present new evidence that is convincing enough to CAS.
