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Aguada and Goes were penalized with removal of four points and eight court closures

The match was played as normal, but at the end of it, a small group of Goes fans located in the upper stalls of the stands facing Magallanes street came down to insult and salivate Luciano Planells, a player from Aguada who was giving a note to El Espectador, AM 810.

This caused several Aguada fans, whose partiality was still in the Peñarol Palace celebrating the victory, to cross the stands and attack the Goes fans.

The private security of the missionaries avoided the confrontation and when the Aguada fans entered a tunnel belonging to the rival fans, they moved them away using fire extinguishers.

The police guard did not enter to the Palace to repress violent behavior.

Both partialities generated significant damage to the club’s facilities.

The behaviors punished by the Court were framed in article 116 of the Sports Disciplinary Code that says:

“Article 116.- Fight.- The players, coaches, members of the coaching staff and team assistants who are responsible for generating or participating in fights or brawls against members of the opposing team, will be sanctioned with a suspension of ten games to one year. If such conduct is displayed against the fans of the opposing team, the sanction will be increased by 50% of the previously established minimum.Inspectors, team leaders, delegates, directors of institutions, table officials will be sanctioned with suspension from one to six If said conduct is displayed against the fans of the opposing team, the sanction will be increased by 50% of the previously established minimum. The institution whose fans were held responsible for generating or participating in a fight against the fans of the opposing team, will be sanctioned with a penalty of six to fifteen closing matches and the loss of three to eight points. Likewise, the obligation to celebrate the matches behind closed doors or without fans, or the loss of tenant rights, may be imposed for the same number of dates.

Aguada and Goes sought to be exempt from liability because they understood, in accordance with paragraph B, that the facts were not of an eminently collective nature but individual, something that the Court rejected outright.

“Article 70.- Exemption from liability.- The Court may exempt from liability the subjects included in article 73 literal B or reduce the degree of the penalty, as long as it reliably proves compliance with the following points: A ) That it adopted each and every one of the measures and actions leading to the prevention of punishable acts in the form and manner that the FUBB or the public authority imposed on it; acting with all diligence and efficiency in compliance with each of the actions that were specifically indicated. 23 B) That it was not a collective fact, It is possible to identify the perpetrators of the punishable act by providing sufficient evidence in this regard in the opinion of the court. The author’s confession will not constitute full proof. C) The identification of the perpetrators of the punishable act by providing the court with: full name, identity document and photograph of all those involved. D) Request the FUBB to apply the right of admission immediately to those involved. The corresponding Court will determine in this case, the time that corresponds to include the offenders in the list of people not admitted in the activities of the Federation. In order to rely on this article, the offending club must, within the term to make discharges, accredit what is established in literals A and B, being able to request a period of no more than 72 hours to comply with literals C and D”.

The ruling is not appealable and in sports terms it determines that both clubs drop considerably in the standings, practically being left out of direct qualification to the playoffs, and relegated to the play-in zone.

The two had been penalized last week for incidents at the beginning of January for the matches between Aguada-Larre Borges and Goes-Biguá.

This is the full text of the ruling:

RESULTING:
1) That Club Aguada filed a complaint of the events that occurred after the end of the reference match.

2) That, in it, several denounced facts can be identified, namely: (i) incidents between both factions, (ii) aggression and spittle of a Goes partial, the player L. Planells de Aguada.

3) That none of the referees, neither in the match form nor in extensions, have denounced any fact.-.

4) That the Goes club was granted a hearing, which was evacuated in a timely manner.-

CONSIDERING:
1) That, after analyzing the complaint, its defenses and completing the documentary, film and testimonial evidence in the case file, at the discretion of the members of this Tribunal, there is not the slightest hint of doubt that in the species, there have been conducts that are , according to the CDD, reprehensible and therefore punishable.

2) Indeed, the facts that, in the opinion of this Court, have been demonstrated, fall within those provided for in art. 116 of the CDD for which the clubs involved will be sanctioned. –

3) Notwithstanding this, and according to the defenses tested by both institutions, that is, trying to rely on the provisions of art. 70 of the CDD, it does not bear the slightest analysis to point out that we are dealing with a collective fact and not an individual one, the cornerstone to be able to rely on the aforementioned article. Therefore, and beyond the fact that the requirements set forth in art. 70 of the CDD that in the species has not happened, the quality of collective fact prevents its application.

4) On the other hand, the remaining facts denounced, correctly from the formal point of view, have not been duly proven, and the facts denounced after the deadline are not analyzed because they do not correspond to enter their study.-

5) That, for the purposes of graduating the penalty, the background will be taken into account.

THIS COURT OF SENIOR PENALTIES OF THE URUGUAYAN BASKETBALL FEDERATION RESOLVES:

1. SANCTION THE CLUB GOES WITH 8 (EIGHT) FIELD CLOSURES AND WITH THE LOSS OF 4 (FOUR) POINTS. –

2. SANCTION THE AGUADA CLUB WITH 8 (EIGHT) FIELD CLOSURES AND WITH THE LOSS OF 4 (FOUR) POINTS. –

3. CONTACT THE ADMINISTRATIVE SECRETARY OF THE FUBB, WHO WILL NOTIFY THE INTERESTED PARTIES, AND REGISTER THE SANCTIONS IN THE REGISTRY OF OFFENDERS OF SPORTS DISCIPLINE”.

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