The Appeals Committee has just published the ruling on the appeal presented by Oviedo after Colombatto was sent off against Levante and which prevents him from playing in the derby. This is the second body that the blue team goes to after rejecting the first Competition. Appeal, for its part, has also rejected the appeal, so Colombatto would not play in the derby unless the TAD, the last body to which the entity will turn, gives him the precautionary measure. Colombatto’s is a serious loss, because Camarasa will also not play eld erbi.
In a long document, in which it includes the arguments of Oviedo, which considers that in the first yellow card there was no trip nor was it a promising attack, Appeal gives its arguments to dismiss the appeal.
“The members of this Appeal Committee, unanimously, understand that it is not really possible to appreciate a manifest material error, capable of distorting the presumption of veracity of the arbitration record given that the images are, in any case, compatible with what is reflected in What is elucidated in the disciplinary bodies is not the proof of what really happened, but something much more modest: if what is seen in the evidence, specifically now in the videography, is compatible with what is reflected in the act, in this case, tripping an opponent in the dispute for the ball, avoiding a promising attack, regardless of whether other versions may also be the same, including that of the appellant Club,” the letter states. (…).
“The Club itself recognizes that its footballer Mr. Santiago Colombatto tries to snatch the ball from the rival, and therefore, his intervention is unquestionable, these aspects being entirely consistent with the description of the facts recorded by the referee. Likewise, regarding to the discrepancy of Real Oviedo in the assessment of the circumstances that make up the set of the game in question, and in particular regarding the existence of a trip, its interested interpretation cannot be favorably received, since despite the fact that the extremities of Both footballers do not intersect, it can be seen how Mr. Santiago Colombatto actually falls to the ground and obstructs the opponent’s run, so his perception is insufficient to distort what was recorded in the referee’s report, making it impossible to appreciate the manifest material error claimed by the appellant Club. Likewise, with regard to its reasoning regarding the existence of a promising attack, it must be remembered that the aforementioned issue is outside the competence of this Appeal Committee, as it belongs to the margin of technical discretion of the referee, without forgetting that the images do not allow to distort the assessment made by the referee as a sporting authority to direct the match”, it is indicated in turn.
The Committee also emphasizes that “on the other hand, in relation to its allegations regarding the continuation of the game after the infraction was signaled, this Appeal Committee must indicate that the video does not allow us to appreciate the place from which the game was resumed.” , so Real Oviedo’s argument regarding the law of the advantage and assessment of the action by the referee cannot be addressed. In this way, the only thing that would corroborate the existence of a manifest material error (“clear or patent” ) would be the absolute incompatibility of what can be seen in the images with what is reflected in the arbitration record, that is, that they would undoubtedly rule out the existence of the actions included in the record, something that does not happen.
Furthermore, it adds that “since the images are compatible with what is reflected in the record, and in the absence of evidence that distorts it, the manifest material error cannot be appreciated, regardless of whether these images are compatible with other versions of the facts, including the one expressed by the appellant Club. Mere doubts would not be enough to demonstrate that “clear and patent” error, the only one capable of refuting the presumption of veracity of the arbitration report.”
With these arguments, the Appeal dismisses the blue appeal, which will now go to the TAD as the last opportunity for Colombatto to play the derby against Sporting.
2023-09-08 13:01:50
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