The Committee dismisses the allegations that do not disprove the “facts reflected in the arbitration record”
ANDl Appeal Committee It has been resolved keep the yellow card that Diakhaby saw for discuss with Juan Cala in the match against him Cadiz after allegedly tell him “fucking nigga” just like later denounced the referee. The judge of Appeal considers that the evidence provided does not deny the veracity of the facts found in the minutes, reason why you decide keep the warning, in which there is no error of interpretation as the facts are described and as they are warned in the two video evidence provided.
Appeal has also rejected the request to cancel the card while solving the Extraordinary file opened by the Competition Committee against Juan Cala a Integrity Department proposal and the letter of complaint from Valencia.
Valencia argues its request to leave the yellow card without effect on the fact that there is a ‘prior provocation’ by the rival, who uttered a racist insult, according they support their allegations. Appeal, however, maintains that in one of the videos contributed “the discussion of the sanctioned player is appreciated with the rival player. In the aforementioned video It is not heard, nor is it appreciated in any other way that the rival player of the sanctioned person says “black shit“, as the recurring Club maintains [Valencia]”.
In addition, Appeal upholds its decision in various aspects:
The fact that Diakhaby addresses the opposing player while the ball is in play “, which is what Valencia alleges and can be seen in the images, “It does not prove that the rival player directed a racist insult to him.”
Regarding the allegation that Cala made an apologetic gesture, Appeal holds that “ images do not allow to clearly appreciate the gestures of any of the two players to be able interpret that it was an apology gesture“And he adds:” In any case, that hypothetical gesture of apology does not seem to be enough to consider credited that the player rival directed a racist insult to the sanctioned“.
And above all, the Appeal decision is supports the writing of the minutes: “When describing the sanctioned action, no mention is made of any pronounced insult by the rival player. In the incidents section, what the record reflects is that the sanctioned player [Diakhaby] tells the referee who has received a racist insult from the opposing player [Cala], adding the collegiate: “This fact was not perceived by any other member of the refereeing team.” This means that the only proof of the rival player’s provocation is the accusation itself of that player, denied by rival“, ends.
