RULING OF THE WESTERN REGIONAL FOOTBALL ASSOCIATION (WRFA) DISCIPLINARY COMMITTEE ON 20TH MAY, 2024 AT THE WRFA OFFICE, SEKONDI
CASE : 21
MATCH: AKAASUMAN UNITED FC VRS BEKWAIMAN UNITED FC
DATE: 21ST APRIL 2024
VENUE: SEBESS PARK, SEFWI BEKWAI
MEMBERS PRESENT
CONSTANTINE K. M. KUDZEDZI, ESQ CHAIRMAN
PETER KOJO BAIDOO, ESQ VICE CHAIRMAN
BRIEF FACTS
The Committee investigated why the match was not played.
EVIDENCE
By a protest dated 23/04/24, Bekwaiman FC alleged that Akaasuman United FC failed to report or honour the match.
Akaasuman United FC filed a Statement of Defence upon being notified and served with a copy of the Written Grounds and Statement of Case as provided in Article 35(8)(a) of the Regional Football Association League Regulations, 2021(hereinafter called “the Regulations”).
The Committee examined the Referee’s Report and Extracts from the WRFA Social media platforms in its investigations.
ANALYSIS OF EVIDENCE
It must be noted that per Article 33(12)(b) of the Regulations, the burden of proof is on the protesting club and so in this instance the burden is on Bekwaiman United FC to prove the allegations made.
Again, Article 35(9) (a)-(d) mandates the Disciplinary Committee to consider the Statement and/or Evidence of the parties and deliver judgement immediately. Similarly, Article 35(9)(c) provides that the committee shall consider the merits of the case and deliver its decision in any given case even if a party fails, neglects or refuses to file a Statement of Defence within the stipulated time.
The Committee was informed by Bekwaiman United FC from its statement of case that Akaasuman United FC failed to honour or report for the match without just cause. It stated that the match officials conducted Match Coordination Meeting around 2pm with Akaasuman United FC being absent. The match officials then proceeded with the inspection of players of Bekwaiman United FC who had reported for the match. It stated also that after waiting for some time on the pitch without Akaasuman United FC, the Referee called off the match. Bekwaiman United FC attached group photographs of players and officials as well as a copy of the team sheet of Bekwaiman United FC as evidence in support of its case.
In its defence, Akaasuman United FC stated that the protest has no merits and ought to be dismissed because it did not receive any official document(fixture) from the WRFA or anyone else. In addition, it stated that the team did not have any match with Bekwaiman United FC on the 21st of April 2024 for which it failed to honour. Again, it indicated that if Bekwaiman United FC has any fixture for Division 2 Zone 4B stipulating that Akaasuman United FC was to play with Bekwaiman United FC on the said date, it should serve same on them and they shall respond to that and concluded by saying that the team is waiting on the WRFA to provide it with the date, time and venue for the said match.
In his report, the Referee for the match Bismark Asante stated that Akaasuman United FC did not report for the match. The Referee indicated that at exactly 3:00pm the match officials and Bekwaiman United FC were ready for the match to commence. He added that after waiting for Thirty-five (35) minutes, i.e., 3:35pm Akaasuman United FC had still not reported and so the match was called off. Again, the committee noted that the Match Commissioner, Michael Fletcher corroborated this in his report.
The Committee considered the exhibits as attached by Bekwaiman United FC and also considered the Referee’s report. The Committee noted from the Referee’s report and the team sheet as well as the photographs that Bekwaiman United FC reported for the match.
The Committee conducted independent investigations including making a search and verification from the WRFA Social Media Platforms.
The Committee realised from the WRFA Social Media Platforms that Akaasuman United FC was adequately notified of the said match. On the 8th April, 2024 at 1:19pm WRFA sent the fixture to Akaasuman United FC via WhatsApp through their Administrator, Joseph Badu. The WRFA also posted the fixture on their official Facebook page on the 19th April, 2024 and subsequently sent a copy of the fixture posted on Facebook to Akaasuman United FC on the same date at exactly 10:30am through their Administrator, Joseph Badu.
FINDINGS
1. Akaasuman United FC did not turn up for the match coordinating meeting.
2. Akaasuman United FC failed to turn up or honour the match without just cause.
3. Akaasuman United FC was aware of the fixture.
4. Bekwaiman United FC reported for the match.
DECISION
The Committee holds Akaasuman United FC responsible for its failure to report for the match without just cause contrary to Article 33(1)(f) of the Regulations.
SANCTIONS
1. Per Article 33(1)(f) of the Regulations, Akaasuman United FC shall forfeit the match.
2. In line with Article 33(3) of the Regulations, Akaasuman United FC is declared loser of the match. Bekwaiman United FC accordingly shall be awarded three (3) points and three (3) goals.
3. Further, in accordance with Article 33(5)(a) of the Regulations, Akaasuman United FC shall lose three (3) points from the accumulated points.
4. Also, per Article 33(5) (b) of the Regulations, Akaasuman United FC shall pay a fine of One Thousand Ghana Cedis (GH¢1000.00), 50% of which shall go to Bekwaiman United FC.
5. Further, per Article 22(2) (c) of the Regulations, Akaasuman United FC shall pay a fine of Five Hundred Ghana Cedis (GH¢500.00) for its failure to attend the match coordination meeting without reasonable excuse.
6. For the avoidance of doubt all fines shall be paid within Fourteen (14) days of receipt of this ruling as provided for by the Western Regional Football Association’s Administration Instructions governing the conduct of the Second Division League.
DATED AT WRFA OFFICES, SEKONDI THIS 20TH MAY, 2024.
CONSTANTINE K. M. KUDZEDZI, ESQ
(CHAIRMAN)