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The instructor of the Federation proposes the descent of Fuenlabrada

New tsunami on account of Deportivo-Fuenlabrada. The instructor of the file opened by the Spanish Football Federation (FEF) on the match corresponding to the last day of LaLiga SmartBank, which had to be suspended due to the positives for c0ronavirus registered in the visiting team and ended up being played on August 7 with a local victory by 2-1, has proposed the Administrative relegation of the Madrid club to Second B for “the commission of a disciplinary offense for conduct contrary to good sports order of a very serious nature”, typified in article 68.1 of the Disciplinary Code with a fine of 15,001 euros and the sanction consisting of demotion.

Ricardo Esteban Díaz Sánchez, who was able to finish the file after the Competition Committee rejected two requests in which Fuenlabrada requested his challenge, considers that the Madrid club’s way of proceeding on its trip to La Coruña to measure up to Deportivo in Riazor “He departed” from what should have been “a respectful and loyal performance with the rules, with the competition, with fair play, with the rest of the contestants, the referees, the players and the competition holder.” “Far from it, it was about an unsupportive performance, which looked exclusively for the club’s own interest, to the detriment of the rest of the players in the competition, and which is even more reprehensible as it is the last match of the championship and not having noticed the possible impact on the health of the participants in the competition, “he says.

He explains that Fuenlabrada knew of the existence of four positives for Covid-19 on Sunday, July 19, the day before his trip to Galicia, and on that date there is no record that the Federation or the Superior Sports Council (CSD) received information in this regard. «The fact of not communicating this information to the CSD and the FEF could have remained a mere anecdote if it were not because, in the end, where there were four cases became twenty-eight, the celebration of the game had to be suspended being the last day and there was a distortion (so far never seen in the history of Spanish football) of the competition “, he maintains.

In his view, “the club (Fuenlabrada) and the LNFP deliberately hide all the information they knew, perhaps in the hope that the cases would not transcend.” «Later, when they no longer have a choice, given that the situation had gotten out of control, it is when on the afternoon of Monday, July 20, they decide to inform the General Directorate of Sports and this, in turn, the Secretary General of the FEF ”, he continues.

The instructor estimates that this “hiding of information” by pate from Fuenlabrada and LaLiga led to the taking “of a decision that affects the entire competition.” “If at the time they know of the existence of four positive cases, the Commission had been referred (for the Monitoring of the RFEF-LNFP Coordination Agreement), the matter could have been dealt with with more time and, who knows, it would have been made another decision, “he reasons. If so, he points out, “it is possible that the decisions would have been of a different nature, third clubs would not have been harmed in their interests -among which he cites in a special way Deportivo, who could not “compete under equal conditions” and Numancia, who also fell on the last day – for a matter for which they are not responsible but are victims and, ultimately, not the good sporting order and the end of the competition would have been altered «.

The instructor also maintains in his presentation that LaLiga abandoned “the rest of the clubs participating in the competition to their fate” and showed “an excessive interest, acquiring an interested and overprotective role in defense of Fuenlabrada.”

Fuenlabrada’s furious reaction

The instructor’s decision will have to be ratified by the Competition Committee Before being effective and Fuenlabrada has a period of ten days to appeal the sanction proposal. But the reaction of the Madrid club has been furious, anticipating a long legal battle.

Through an official statement, Fuenlabrada has reported that it has presented a Complaint before the Criminal Investigation Courts and before the Superior Sports Council (CSD) against that ruling, while expressing his intention to dismantle what he considers a “murky criminal plan” against the club.

The entity chaired by Jonathan Praena considers that the appointment of Ricardo Esteban Díaz Sánchez as instructor It is “illegal” and “violates” articles 405 and 406 of the Penal Code. Fuenlabrada appeals to the development of point 4.1 of the Regulations for the Functioning of the Bodies of the FEF, which requires that the appointments of judges be made by the president of the FEF “by season”. “Ricardo Esteban Díaz Sánchez was not appointed by season, but was appointed examining judge of the FEF on the same day that the case against CF Fuenlabrada was assigned,” the Madrid club underlines. «There is no evidence that he has any experience and case 562 of the 2019/2020 season is – coincidentally – the first case of his null career in the sports law sector. It is therefore an illegal ad hoc appointment that has already been made known to the criminal investigation courts and the CSD, “he adds.

Likewise, Fuenlabrada recalls that “an independent expert” has accredited in a probability “of 5 out of 5” that Ricardo Esteban Díaz Sánchez does not write the orders he signed, but that the actual author of them is the Deputy Secretary General of the FEF, Miguel García Caba. «Therefore the authentic instructor is not an independent judge, but a member of the federative leadership of the highest confidence of Luis Rubiales and Andreu Camps», It affects.

Fuenlabrada further argues that the disciplinary procedure is plagued by procedural violations such as the taking of statements without legal assistance, the non-compliance with the deadlines, the lack of arbitrary practice of the test and the manifest falsehood “ignoring the evidence provided.”

“CF Fuenlabrada SAD has already denounced these and other events before the Criminal Investigation Courts and the Higher Sports Council, and will go to the lengths to prove and dismantle this murky criminal plan of which there is already conclusive evidence,” he remarks.

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