PETALING JAYA: Football Association of Malaysia (FAM) must weigh several key factors – including legal grounds, objectives, cost, and public sentiment – before deciding whether to take their case to the Court of Arbitration for Sport (CAS), said sports lawyer Nik Erman Nik Roseli.
Following FIFA’s appeal committee decision on Monday to uphold sanctions on FAM and seven naturalised players for falsified documentation, Erman said the next step requires “careful thought, not emotion”.
He said the main legal question revolves around the application of Article 22 of FIFA’s disciplinary code, which punishes any party found to have doctored documents.
“One legal argument available to FAM is the interpretation of Article 22 – whether FIFA have established that both FAM and the players actually doctored the documents, or whether the punishment was imposed under strict liability, meaning no intention or knowledge was required,” said Erman.
“That is why it is crucial to wait for the FIFA appeal committee’s written reasoning. Only from there can we see whether FIFA’s findings were based on intent or administrative responsibility.”
Erman added that before appealing to CAS, FAM must assess four major factors.
“We need to know whether there are strong reasons for appeal. Without it, we can’t determine if there were procedural or legal errors to challenge,” he said.
“Then, FAM must be clear – are they appealing against the breach of Article 22, or only the punishment? If it’s only about reducing the penalty, it may not be worth the time and cost.
“Also, the cost of hiring foreign legal counsel and CAS fees could reach hundreds of thousands of ringgit. FAM must ensure it is a financially responsible decision.
“Lastly, not appealing would mean accepting FIFA’s finding that doctored documents existed. But public sentiment also leans towards accountability and reform rather than spending more money to prolong the case.”
FIFA had on Monday rejected FAM’s appeal, maintaining all sanctions – including a 12-month suspension for the seven players and a 350,000 Swiss francs (RM1.8mil) fine for the national body.
