The case revolves around Ahongalu Fusimalohi, a former member of FIFA's Executive Committee and high-ranking official within the Tonga Football Association and Oceania Football Confederation (OFC), who was implicated in a bribery scandal related to the bidding process for the 2018 and 2022 FIFA World Cups. The allegations stemmed from an undercover investigation by the Sunday Times, where journalists posed as lobbyists for a fictitious company, Franklin Jones, seeking Fusimalohi's assistance in influencing FIFA Executive Committee members to vote for the U.S. bid. Secret recordings of these conversations revealed Fusimalohi discussing financial incentives, strategic lobbying, and confidential information, which formed the basis of FIFA's disciplinary action.
FIFA's Ethics Committee found Fusimalohi guilty of breaching multiple articles of the FIFA Code of Ethics (FCE), including bribery, lack of loyalty, confidentiality violations, and failure to report misconduct. Initially, he received a three-year ban from football-related activities and a fine of CHF 10,000. Fusimalohi appealed to the FIFA Appeal Committee, which upheld the guilty verdict but reduced the sanctions to a two-year ban and a fine of CHF 7,500. Dissatisfied, Fusimalohi took his case to the Court of Arbitration for Sport (CAS), arguing that the evidence was inadmissible, the proceedings were unfair, and the sanctions disproportionate.
The CAS panel, applying Swiss law and FIFA regulations, confirmed the admissibility of the recordings, emphasizing that while the undercover methods intruded on Fusimalohi's privacy, the public interest in exposing corruption outweighed his privacy rights. The panel also clarified that disciplinary proceedings in sports associations are governed by civil law standards, not criminal law, meaning principles like the presumption of innocence do not apply. The panel found Fusimalohi violated his fiduciary duties by engaging in discussions that linked financial gain to influencing FIFA's voting process, even if no money was exchanged. His actions demonstrated a willingness to exploit his position for personal benefit, undermining FIFA's integrity.
The CAS upheld the Appeal Committee's sanctions, deeming them proportionate given Fusimalohi's senior role and the severity of the misconduct. The ruling underscored the importance of ethical conduct in sports governance and the need for deterrent measures to preserve public trust in FIFA. Fusimalohi's lack of remorse and attempts to downplay his involvement further justified the sanctions. The case highlights the challenges of combating corruption in high-stakes sporting events and reinforces the authority of sports bodies to enforce ethical standards while ensuring procedural fairness. The decision serves as a reminder of the consequences for officials who compromise the integrity of the sport.