The Competition Committee must decide in the next few hours whether to endorse the proposal of the instructor of the file that the Spanish Football Federation has opened for the match between Deportivo and Fuenlabrada and as a precautionary measure it considers the match to be lost for the Madrid team, criticized for his attitude in the coronavirus outbreak he had in the team.
That ruling, at the proposal of the investigating judge, would separate Fuenlabrada from promotion to promotion to First, which would be accessed by Elche, and would leave Deportivo in the relegation positions, but one position above its current situation, something that does not it would allow him to avoid the loss of category except for subsequent movements in the offices.
In an order to which Efe had access, the instructor Ricardo Díaz Sánchez agreed to grant a summary hearing process until this Friday at noon to the club, the Fuenlabrada, and to send all the working documentation.
The Federation opened a file with the Fuenlabrada for the conduct of conduct that could eventually constitute one or more disciplinary offenses.
The ruling states that on Saturday there was evidence of at least one positive for coronavirus within the Fuenlabrada staff, a circumstance that forced new tests to be carried out by all team members, resulting in a total of 4 members The team returned positive results on Covid-19 before Monday morning.
That day, the day of the match with Deportivo, and given the positive results of several members of the club’s staff and technical staff, new PCR tests were carried out on the Fuenlabrada expedition traveling by plane from Madrid to A Coruña.
Once the expedition was in the city of A Coruña, at the hotel where they were staying, at around 5.15 pm the laboratory that carried out the tests informed LaLiga of 8 more positive cases in the tests carried out that morning.
The instructor also found that the City Council of La Coruña did not receive any notification about the positives, but the Xunta and the Community of Madrid did.
Likewise, he confirmed that at 19.38 hours, the president of the Referees Technical Committee informed the members that the match had been suspended, since they were still in the stadium.
The instructor maintains that “the conduct of the file produced a serious alteration of good sports order, affecting the integrity and equality of the participants in the competition.”
It also states that on Saturday the 18th, upon learning of the first positive, “communication should have been established with the health authorities and with the Follow-up Commission for Covid-19 of the Federation and LaLiga in order to assess the situation from the point of competition and health view, and take the most appropriate decision and according to the integrity of the competition ».
“However, not only was it not communicated sufficiently in advance, but the information transferred was partial, so that said Commission was deprived of essential data to make its decision,” it warns.
Still, the club undertook the trip to A Coruña, putting at risk the staff and the match officials, who ate at the same hotel and had not been informed, nor the Technical Referees Committee, of anything it was happening, “he says.
Likewise, he points out that “the medical certificate provided by the expedited club recognizes that the previous days (Saturday and Sunday) the rest of the footballers in the squad had been in common places at distances less than two meters and for more than 15 minutes.”
He also notes that “even the members of the first team squad did not know of the outbreak until four hours before the game, depriving them of essential, vital information that they had to know in detail before getting on the plane.”
“From all this, there can be no doubt inferred a manifest concealment of the true situation by those responsible for the club,” argues the instructor.
“Regardless of the health repercussions that this may have, and the penal or administrative sanctions that may correspond, it is true that all this affects the good sports order, having irremediably affected the competition and its integrity”, aim.
He understands that “the physical health of fellow players in the squad and of the referees who ate in the same hotel where Fuenlabrada was hosted was put at risk” and says that “the alleged commission of infractions is inferred from” all this ” very serious against good sports order and risks for participants in the competition.
Based on all this, he proposes the “loss of the match” measure for Fuenlabrada and that he declare himself “winner of the opponent”, Deportivo, with the result of three goals to zero «.
It also states that “the offense may be considered flagrant”, in the sense that “the offending fact enjoys sufficient relevance and evidence without the need for further evidence.”
Given the circumstances caused by the performance of the Fuenlabrada, points out the instructor, “the immediate consequence is that the expediente would now have the advantage of knowing the results obtained by his rivals in the fight to access the promotion playoff” to Primera and facing to an opponent who would have known he was relegated and who has been training for days.
“It is a general principle of law that those who are presumably responsible for the situation created cannot be benefited,” he reasons. It also considers that “the ‘pro competitione’ principle requires that this sanction be adopted as a precaution, at least”.