The Administrative Court of Sport in Gavin van den Berg’s documentation assigns responsibility for fraud to those who declared themselves guilty, but not to the institution.
Alcobendas Rugby Club cannot be penalized for falsifying the documents of player Gavin van den Berg. It is a South African striker who, having been rowed by the Spanish team, was cleared to the national team and lost his place for the 2023 World Cup in France. In a resolution made known this Thursday, the Administrative Court Games, the highest sporting precedent in our country, Madrid upholds the club’s appeal and repeals the sanctions imposed by the Spanish Rugby Federation (FER).,
In a known investigation resulting in Spain’s exclusion from the World Cup due to van den Berg’s improper alignment, FER, then headed by Alfonso Feijo, Alcobendas Rugby was punished with automatic relegation to the second tier and fined 30,000 . The Euro.. Garnet team were considered losers in the semi-finals of the Copa del Rey, which they won on the pitch against Enerside Sciences in Seville. And he was also dropped from the qualifiers for the league title, failing to play his match in the quarter-finals.
Such a situation arises that the federation, which currently has a new board of directors after preliminary elections as a result of the scandal, must find a way to comply with the sentence. For example, in the next season’s calendar, Alcobendas did not feature in the teams of the highest national category. In addition, his straight relegation due to suspension led to the promotion of another team, with some possible resolution opening the way to future disputes.
The TAD resolution establishes that – as argued by the club – A sports unit cannot be made responsible for forgery committed “in a very personal capacity” by its three members., They believe that the club’s responsibility for the acts of its members is not universal, but is limited to conduct such as “for events occurring at matches, or on their occasion, and for conduct occurring in sports facilities”.
The document, signed by two former first-team coaches, José Ignacio Inchaustí and Fernando Dez, and former player Jano Cher, has been crucial to the club’s expulsion. In it he admitted that the latter had, at the request of the first two, manipulated photocopies of van den Berg passports. But he also specified that Neither the Alcobendas Rugby Club nor the Spanish Federation had “the slightest knowledge of the facts, nor did they expressly or indirectly agree with them”.,
The purpose of replacing a photocopy of the player’s passport would have been to prevent him from occupying a position as a foreigner, giving the team a competitive advantage in national competitions. But it affected the team when the striker already played as an assimilated Spaniard, with two games to the last minute. Lion after that The Federation shall accept the tampered photocopy knowing that it cannot be compared with the original document,
The three men, who acknowledged in writing their responsibility to ensure that the selection was not penalized, have been sanctioned by Khel Marg and now face a complaint from the prosecutor’s office. So in the general realm, they still enjoy the notion of innocence. The Public Ministry also included the former chairman of Alcobendas Rugby in its complaint, although the club says the latter’s mention responds to “an error”.
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Reference from www.elmundo.es