PETALING JAYA: Sports lawyer Nik Erman Nik Rosli has clarified that the stay of execution granted by the Court of Arbitration for Sport (CAS) allows seven Harimau Malaya players to resume football activities, but the decision should not be read as an indication of the likelihood of the appeal's success.
"This is only a temporary relief for the players. The suspension has not been dismissed or set aside.
"If the appeal is dismissed, the suspension will be enforced," he said on Tuesday (Jan 27) in response to CAS’ decision to temporarily lift the sanctions imposed by FIFA pending a final ruling.
"This is also not an indication that the appeal will be successful.
"While it is good news for the players to be able to resume their playing career, it does not in any way mean that FAM and the players are cleared of any wrongdoing.
"The finding of fault still stands; the suspension and penalty stands – just temporarily stayed."
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Seven "mixed-heritage" players – Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Gabriel Palmero, Jon Irazabal and Hector Hevel – are affected by the stay, the Football Association of Malaysia (FAM) confirmed in a statement on Monday (Jan 26).
Under the ruling, the 12-month suspensions and fines imposed by FIFA over alleged doctored eligibility documents are put on hold while FAM’s appeal is heard by CAS.
Nik Erman explained that, under normal circumstances, the stay would permit the players to feature at both club and national level.
"Since I have not seen the order by CAS, this stay will allow the players to play at both club and national level," he said.
However, he is of the view that the players should ideally be restricted to club football until the appeal is fully resolved, citing the potential impact on the national team.
"I do not think that the players should play for Malaysia until the final disposal of the appeal.
"Ability to play at club level should be allowed as this will affect their income and career, but they should not be playing for the national team, with the appeal looming over the team," he said.
Despite this, Nik Erman believes their involvement with the national side is likely.
"That being said, I think they will play," he added.
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Addressing why the application for a stay was made at this stage, Nik Erman said FAM could have sought it earlier but may have chosen not to over timing considerations.
"They could have asked for a stay earlier but chose not to. One reason could be that the time between the disciplinary decision and the appeals decision was short.
"The hearing at CAS could take longer, hence the application for a stay at this stage," he said.
With the stay now in effect, the seven players are free to resume their professional careers and participate in football-related activities until CAS deliver their final decision on the appeal.
