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Advised by Navascués, Nacional tries to recover a lost point in basketball

The tricolores, through their basketball commission and advised by the Legal Secretary of the club headed by Hernán Navascués, their maximum reference in legal and regulatory issues, filed the appeal when they understood that the resolution adopted to sanction them violates the statutes of the FUBB.

This was reported by Nacional in a note in which they want to “particularly deny certain assertions that are expressed in the aforementioned resolution.”

In this sense, they point out that what is stated in the ruling is “absolutely false” when referring to the fact that on November 26, 2020 the player Santiago Álvarez had presented himself to train at the Antel Arena with symptoms of covid-19.

Hernán Navascués

In this regard, they indicate that a day before, “before the manifestation of symptoms of decay and 38 ° C of body temperature, the player was isolated preventively, as ordered by current health regulations.”

It is also noted that on the 26th Álvarez was tested, whose positive result was reported to them on the 27th, “being immediately communicated to the Federation and all its direct contacts, proceeding to isolate our player, as indicated by the health authorities of our country ”, adds the note.

“Nor is it true -even when FUBB authorities and third parties have been in charge of publicly reiterating- that the National Football Club has violated any sanitary protocol,” the text states.

The tricolor add that even the resolution itself has not been able to specify the duty in charge of the club “that supposedly would have been breached”, as well as the violated rule, “much less the sanction that said rule determines.”

Nacional also requested that the suspension of the resolution effects be decreed, which establishes that the albos lost the point of the second game for the semifinal, while the Court of Appeals does not issue the second instance ruling.

Upon acceptance of the request, the series would continue 1-0 in favor of the tricolor, “corresponding with the sporting results of the only match actually played in the series.”

In addition to the loss of that point, the albos received a fine of $ 400,000.

From Nacional they stressed that they will promote all the actions legitimately within their reach to reverse the aforementioned ruling.

The FUBB ruling

Nacional’s appeal comes after the punishment imposed on him by the neutral body of the FUBB Superior Council headed by Ricardo Vairo, after conducting an administrative investigation that demanded a month’s work, after the episode of the game on Tuesday, December 1 when both teams were already on the court preparing to play at the Antel Arena and the tricolor vice president, Alejandro Balbi, burst onto the court to announce the retirement of his club.

In the FUBB resolution file, to which Referí agreed, the tricolores were held responsible for the violation of the sanitary protocol that allowed the League dispute to be resumed.

On November 24, both teams played the first match of the semifinal, agreed to the best of five games. National won 97-91. The following day, the Nacional player Santiago Álvarez presented symptoms of “excessive fatigue,” according to the Nacional doctor Rodrigo Fratelli in his report.

“It is not a controversial fact, that on that date Nacional was in full knowledge of the aforementioned situation. Nor is it a controversial fact, that on the morning of November 27, the Nacional team attended the Antel Arena to train. On the other hand, Nacional communicated at 12:15 on November 27, through the email sent by Valentina Pertusatti to the FUBB, that on ’26 / 11/2020 the player Santiago Álvarez showed symptoms of some disease (which could be covid) ‘, and he realizes that’ today, 11/27/2020, Carlos Cabezas and Marcel Souberbielle manifested similar symptoms’ while awaiting the result of the swabs, “says the file. Pertusatti was one of Nacional’s compliance officers.

“By virtue of the foregoing, and without room for two interpretations, two conclusions clearly emerge,” adds the results of the ruling. “The first of these is the clear contradiction between what was stated by the institution’s doctor regarding the date on which Álvarez’s symptoms were known and that stated by the Compliance Officer of the same institution. The second is that The communication was made to the FUBB on November 27, that is, 48 ​​hours after being aware of it. In conclusion, Nacional, in full knowledge of the state of health of a player from its squad, attended to train, 48 hours later, without informing this Federation, until after the practice was concluded; which transpired in the true and effective risk that other members of the campus were potential exponents of the disease, which carried the obvious risk of contagion to third parties, such as Antel Arena staff, Federation officials, and Aguada players, who also went to train that morning, a risk that was ultimately confirmed, as Pertusatti once again informed at 18:07 on the same November 27, that Leonardo Zylberzstein, Alejandro Muro, Mauricio Márquez and Ariel Martínez tested positive for covid 19 (fs. 40); reaching more than 19 members of the campus, and leaders infected in the following days, “says the document.

The game, which was to be played on Friday, November 27, ran first for Saturday 28 and then for Tuesday, December 1. That afternoon, Nacional announced that he was not showing up to play. Two hours later he backed off and decided to play with a team full of youths since only the American Dominique Morrison had not contracted the virus.

The youth players took to the field with T-shirts in which Nacional expressed his disagreement because the game had not been postponed. Balbi arrived to withdraw the team and then Sebastián Bauzá, the National Sports Secretary, called Vairo to inform him that indoor sports were suspended due to the increase in positive cases of covid-19 in the country.

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