The case involves Nassir Ali N. Alshamrani, a Saudi Arabian football player, appealing a disciplinary decision by the Asian Football Confederation (AFC) to the Court of Arbitration for Sport (CAS). The dispute arose from two incidents during the AFC Champions League final match between Al Hilal and Western Sydney Wanderers on November 1, 2014. The first incident involved Alshamrani allegedly head-butting an opponent, while the second incident involved him spitting at an opponent after the final whistle. The AFC Disciplinary Committee initiated proceedings under Article 57 of the AFC Disciplinary Code, resulting in an eight-match suspension. Alshamrani appealed to the AFC Appeal Committee, which upheld the suspension and imposed additional costs.
Alshamrani then appealed to CAS, arguing that the video evidence did not conclusively prove the spitting incident and that the referee had not witnessed the head-butting incident, making the AFC's jurisdiction questionable. The CAS panel, composed of three arbitrators, confirmed that football disciplinary bodies could address incidents missed by match officials if the conditions under the regulations were met. The standard of proof required was "comfortable satisfaction," meaning the evidence had to convincingly demonstrate the violation. The panel found the head-butting incident established through video footage and the spitting incident supported by the match commissioner's report, which is presumed accurate unless disproven.
The panel determined both actions violated fair play and unsporting behavior under the AFC Disciplinary Code. While acknowledging Alshamrani's clean disciplinary record, the panel upheld the AFC's authority to impose sanctions but noted that the degree of fault and the player's history should be considered. The CAS partially upheld Alshamrani's appeal, adjusting the sanctions to be more proportionate. For the head-butting incident, he received a two-match suspension, and for the spitting incident, a six-match suspension, with two matches partially suspended under a two-year probationary period. The panel also deducted two matches Alshamrani had already served from the total suspension.
The case underscores the importance of disciplinary regulations in maintaining fair play in football and the role of CAS in reviewing such decisions. It highlights the evidentiary standards required to establish disciplinary violations and the discretion of disciplinary bodies in imposing sanctions. The ruling reinforces the principle that match officials' reports and video evidence are critical in adjudicating disciplinary matters, even when incidents are not immediately addressed during the match. The decision serves as a precedent for similar cases involving unsporting conduct and the jurisdiction of football governing bodies in disciplinary proceedings. The CAS's partial upholding of the appeal demonstrates its role in ensuring sanctions are proportionate and fair, balancing the need for discipline with consideration of mitigating factors.