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CF FUENLABRADA AT THE EDGE OF DEMOTION

16 Aug 2020
The judge of the Competition Committee has finally presented his final report, he requests for the demotion of CF Fuenlabrada and also criticized La Liga for only defending the interests of the Madrilenians.

As it was expected, only one day after La Liga refused to increase the number of participants at Segunda División to 24, judge Ricardo Esteban Díaz from the Competition Committee presented the final report regarding the case against CF Fuenlabrada.

The judge has accused CF Fuenlabrada of several irregularities, from data concealment, proportion of biased and late information to health risk of participants in the competition. Esteban Díaz argues that CF Fuenlabrada detected one positive case of COVID-19 on July 18 (a player from the first team), one day later they had three more cases (the doctor of the first team, an analyst and one physiotherapist), and instead of informing about the cases to the authorities, they travelled to A Coruña only to end with twelve more cases in that city (eventually the total cases were 28).

The report, consisting of 45 pages, list the facts that occurred in the following days and proves that the Madrilenian club acted negligently handling these cases. Later the judge complains that CF Fuenlabrada tried to delay the process presenting 50 allegations in a frame of two weeks. He even complained that the Madrilenians club taped the interviews of their employees when they testified against the judge, just when this is illegal.

One of the most serious accusations is that CF Fuenlabrada has tried to threaten the judge with legal demands that haven’t been accepted. The judge goes beyond CF Fuenlabrada and also points out to the LFP, he wrote that the LFP shouldn’t be involved in the case as their only participation is reduced to declarations of his members as witnesses, but that the organization has followed an “unusual” defense of Fuenlabrada’s interests.

Later the judge listed the contradictions of the club’s authorities and the doctors, who said that they traveled to A Coruña on July 20 without knowing the existence of COVID-19 cases inside the squad, but the documentation provided by CF Fuenlabrada  itself says that they were aware of the results since July 18. The judge also accuses the club of negligence for not suspending the training sessions despite knowing the existence of the cases.

An important point for the judge is that he interviewed the doctor of CF Fuenlabrada and he testified that he didn’t recommend to travel to A Coruña, but that the president and officials of the club refused his commendation and later pointed to La Liga as the one that made the final decision. The judge concludes that the club consciously concealed and hided the information, and therefore it can be determined that “they acted in bad faith”.

Judge Esteban Díaz also stated that he was surprised after the same CF Fuenlabrada and La Liga pushed hard to play the game against Deportivo, and that later this game was allowed to be disputed when the Madrilenians were the violators and not the victim.

For Deportivo, the most important thing in the report is that the judge recognizes that the Galician club is “one of the most affected ones by not being able to play for relegation in the same conditions as the other clubs”. He also listed CD Numancia as victim and also the clubs playing the playoffs, because they had to delay this phase due to the negligence of CF Fuenlabrada.

The judge concludes the report requesting two sanctions to CF Fuenlabrada: the demotion to Segunda B and a fine of €15.001. The reasoning of the demotion is explained by the judge in the fact that the violations are so serious that a point deduction won’t be enough penalty to pay for it, also taking into account that the competition is over and a point deduction would be useless.

Now this report needs to be confirmed by the Competition Committee (they should have a meeting on Monday or Tuesday), taking in mind the precedent of the precaution measures, the Committee won’t necessary accept the report, bot no matter the result it is clear that the losing party will eventually go to the Appeal Committee and the Sports Arbitration Court (TAD), it’s even possible that the case could reach the CAS.

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