Dark Horses protest against BA United dismissed

The GFA Disciplinary Committee has dismissed Dark Horse’s protest against BA United  in respect of their GN Bank Division One League match played in Wa.

Below is the full decision of the Disciplinary Committee:

IN THE DISCIPLINARY COMMITTEE

GHANA FOOTBALL ASSOCIATION

 

 

                          Protest Case: No. A-8- 2017

CORAM

1. Prosper Harrison Addo, Esq.                 -           Chairman
2. Eva Okyere, Esq. -           Vice Chairperson
3. Osei Kwadwo Addo, Esq. -           Member
4. W.O.1 J. W. Amoo                                    -           Member
5. Alex Kotey                                     -           Member

 

Emmanuel Newton Dasoberi                         -           Secretary

 

 

WA DARK HORSES FC vrs BRONG AHAFO UNITED FC

-

 

PROTEST IN RESPECT OF THEIR MATCH DAY 5

GN BANK DIVISION ONE LEAGUE MATCH PLAYED AT SUNYANI

 

 

PROCEEDINGS

In accordance with Article 41.5 of the GFA Statutes, Articles 37(10) (a) to 37(10) (d) of the Ghana Football Association (GFA) General Regulations, the Disciplinary Committee (hereinafter referred to as “the Committee”) considered the depositions from Wa Dark Horses Football Club (hereinafter referred to as “the Petitioner”) and Brong Ahafo United Football Club (hereinafter referred to as “the Respondent”) with their supporting attachments and the reports of the match officials.

 

SUMMARY OF FACTS

 

CASE OF WA DARK HORSES FC

 

Wa Dark Horses FC (the Petitioner) on March 22, 2017 protested against Brong Ahafo United FC (the Respondent) for failing to pay the officiating fees of the 2015/2016 season before playing in their Match Day 5 GN Bank Division One League match played at Sunyani on Sunday, March 10, 2017 in contravention of Articles 39(8)(b) and 39(8)(d) of the General Regulations of the GFA.

 

The Petitioner alleged that Brong Ahafo United FC had failed to pay the officiating fees at the club played the said match against their club at Sunyani.

 

The Petitioner stated that the Respondent should have paid the officiating fees before they were made to travel all the way to Sunyani to play in their GN Bank Division One League match in accordance with the regulations of the GFA.

 

The Petitioner consequently, prayed that Brong Ahafo United FC should forfeit the match for violating the GFA regulations and that Wa Dark Horses FC should be declared as winners of the match.

 

DEFENCE OF BRONG AHAFO UNITED FC

The Respondent failed to file a Statement of Defence against the Protest within three (3) days of receipt of the Protest as stipulated by the GFA General Regulations.

 

 

FINDINGS AND GROUNDS OF THE DECISION

 

Absence of Statement of Defence

The absence of a Statement of Defence from Brong Ahafo United FC notwithstanding, the Disciplinary Committee shall in accordance with Articles 37(10)(c) and 37(10(d) of the GFA Regulations proceed to adjudicate the matter on its merits and deliver its decision.

 

The said Article 37(10)(c) states that:

“the Disciplinary Committee may deliver its decision in any given case even if one party fails, neglects or refuses to file a statement of defence or a reply as the case may be within the stipulated time”.

 

Article 37(10)(d) also states that:

“All Club(s), official(s) and player(s) agree that their right to a hearing before the judicial organs and Player Status Committee of the Ghana Football Association is expressed by filing of a Statement of Case, Statement of Defence, a Reply and any further evidence given before the said bodies. Accordingly, representations made through their Statements shall be deemed final and conclusive of the factual and legal basis of their cases”.

 

From the foregoing, the Committee shall adjudicate the instant Protest on its merit in the light of Article 34(13)(a) of the GFA General Regulations.

 

The said Articles 34(13)(a) of the GFA General Regulations are reproduced as follows:

“The burden of proof regarding protests between clubs rests on the protesting club and in the case of a charge by the Prosecutor, the burden rests with the Prosecution”.

 

The Protesting club therefore has a burden of proof to discharge in order to succeed in the instant case.

 

Substantive Case

The issue arising from the facts and the relevant regulations on this matter is very clear. The Petitioner stated that the Respondent should suffer forfeiture for violating Articles 39(8)(b) and 39(8)(d) of the General Regulations of the GFA. The Petitioner had alleged that Brong Ahafo United FC had failed to pay the officiating fees for the 2015/2016 season.

 

It is the finding of this Committee that the Disciplinary Committee on October 12, 2016 gave Brong Ahafo United FC the required deadline of October 31, 2016 and the decision was duly communicated to the Brong Ahafo United in accordance with Articles 39(19) and 40(2)(c) of the GFA Regulations.

 

It is also the finding of this Committee from the Accounts Department of the GFA that Brong Ahafo United FC paid the amount of Eight Thousand and Four Hundred Ghana Cedis (GHc8,400.00) in full on February 24, 2017 long before the two clubs played the match on March 10, 2017.

 

It is very clear to this Committee that the “fishing expedition” embarked on by the Petitioner has not yielded any results.

 

The Committee is of the view that clubs should be deterred from embarking on such fruitless ventures which only results in wasting the precious time all parties and the time of the Disciplinary Committee.

 

It is therefore our holding that the Protest of Wa Dark Horses FC shall not succeed.

 

 

DECISIONS

 

The Committee therefore makes the following decisions:

 

1. That the Protest of Wa Dark Horses FC is hereby dismissed in accordance with Article 37(16) of the GFA General Regulations.

 

2. That for bringing a frivolous Protest before the Disciplinary Committee, cost of Two Thousand Ghana Cedis (GHc2,000) is hereby awarded against Wa Dark Horses FC in accordance with Article 37(16) of the General Regulations, half of which cost the GFA shall pay to Brong Ahafo United FC.

 

3. That cost mention in Decision 2 above shall be paid to the GFA within fourteen (14) days upon receipt of this Ruling, failing which Wa Dark Horses FC shall forfeit its matches after the said deadline by the Division One League Board or the GFA in accordance with Articles 39(8)(b) and 39(8)(d) of the First Amendment to the GFA General Regulations.

 

4. That should any party be dissatisfied with or aggrieved by this Decision, the party has within three (3) days of being notified of this Ruling to appeal to the Appeals Committee of the Ghana Football Association (See Article 37(11) of the General Regulations of the GFA).

Prosper Harrison Addo, Esq.

Chairman, Disciplinary Committee (A)

Tuesday, March 28, 2017

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