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2018 Football Disciplinary Dismissed English Appeal Procedure

Parties & Representatives

Arbitrators

President: Manfred Peter Nan

Decision Information

Decision Date: December 18, 2019

Case Summary

The case involves Kyle Cesare, a Maltese football player, who appealed against a UEFA decision regarding his involvement in match-fixing during the UEFA European U-21 Championship in 2016. The Court of Arbitration for Sport (CAS) reviewed the case, which centered on allegations that Cesare participated in fixing matches between Malta U-21 and Montenegro, as well as Malta U-21 and the Czech Republic. The match-fixing plot was orchestrated by individuals with prior involvement in such activities, including Ronnie Mackay and Seyble Zammit, who approached players to influence match outcomes. UEFA’s investigation relied on suspicious betting patterns, witness testimonies, and police interrogations. Cesare was accused of accepting bribes and initially acquitted by a Maltese court but later found guilty on appeal, though exempted from punishment under certain conditions. UEFA’s Ethics and Disciplinary Inspector pursued disciplinary action, resulting in sanctions against Cesare.

The CAS panel addressed key legal principles, including the burden and standard of proof in match-fixing cases. UEFA bore the burden of proving the allegations to the standard of "comfortable satisfaction," higher than a balance of probabilities but lower than proof beyond a reasonable doubt. The panel noted the absence of live witness testimony affected the quality of evidence, as it could only assess prior assessments. Regarding sanctions, the panel acknowledged UEFA’s discretion but emphasized its authority to review proportionality. The case underscores the challenges in adjudicating match-fixing allegations, particularly when relying on indirect evidence and prior judicial findings.

Cesare’s defense argued that UEFA failed to meet the required standard of proof, highlighting inconsistencies in witness testimonies and claiming Cesare was pressured but refused the bribe. UEFA maintained that the evidence, including testimonies from Zammit and other players, proved Cesare’s guilt. The CAS panel found the evidence sufficient to conclude Cesare had accepted a bribe, violating UEFA’s disciplinary regulations. The panel upheld UEFA’s ten-year ban, deeming it proportionate given the severity of match-fixing and its impact on football integrity. The decision reinforced the importance of robust evidence and procedural fairness in disciplinary proceedings, emphasizing the need for strict penalties to deter such offenses.

The case highlights the rigorous enforcement of anti-corruption measures in football and the legal processes involved in addressing match-fixing allegations. The final ruling underscored the severity of such offenses while providing a structured appeals process for affected parties. The panel’s analysis reaffirmed the proportionality of the sanction, dismissing Cesare’s appeal and upholding UEFA’s original decision. The ruling serves as a reminder of the importance of maintaining the integrity of competitive sports through strict disciplinary measures.

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