PETALING JAYA: The prospect of Malaysia being barred from competing at the home SEA Games would be a major embarrassment for the country.
But that could be one of the consequences if the Asian Football Confederation (AFC) come hard on Football Association of Malaysia, says sports lawyer Richard Wee.
Richard said the ongoing fallout from the eligibility controversy involving seven players could potentially see Malaysia facing sanctions from the AFC, including a ban from international competitions such as the SEA Games.
"If a ban comes into effect and Malaysia cannot take part in the SEA Games football tournament, it would be very embarrassing - particularly because Malaysia are scheduled to host the 2027 SEA Games," he said.
While the immediate development offers some relief for the players involved, Richard noted that the broader consequences of the case remain unresolved.
According to him, the penalties imposed by FIFA still stand, including the determination that certain documents had been doctored.
"The authorities found no grounds to overturn the finding of guilt," he said.
Among the sanctions that could still be enforced are heavy financial penalties and professional repercussions for those involved.
More significantly, he said the AFC could impose competitive sanctions similar to those handed to Timor-Leste in a previous eligibility case.
Such measures could include match forfeitures, potentially affecting fixtures against countries such as Vietnam and Nepal, point deductions, or even a suspension from international competitions.
"The duration of a ban could be up to as long as two years," Richard said.
Because the SEA Games football competition operates under international football regulations, he explained that a comprehensive suspension could prevent Malaysia from participating even though the tournament is organised by the Southeast Asian Games Federation.
Richard also highlighted a major issue concerning the seven players at the centre of the case, the absence of documentation proving they are Malaysian citizens eligible to represent the national team.
"As things stand, there is no documentation to show that these players are Malaysians," he said.
This means they would only become eligible if they went through FIFA’s standard naturalisation process, typically involving long-term residency.
He cited the example of Mohamadou Sumareh, who became eligible to represent Malaysia after fulfilling FIFA’s residency requirements.
Richard added that the matter could potentially have criminal implications.
"This situation involves fraud. Someone, whether an agent, representative or the player, misled FAM," he said.
Internally, he added, FAM itself could face criticism for failing to carry out sufficient due diligence before approving the players.
As for further legal recourse, Richard said any challenge to the decision would have to be taken to the Swiss Federal Tribunal following the ruling by the Court of Arbitration for Sport.
However, he cautioned that the chances of success were extremely slim.
"You cannot re-argue the facts of the case. Appeals are only allowed on very narrow technical grounds, such as proving bias or a fundamentally unfair process," he said.
Given that the arbitration panel spent about 12 hours hearing arguments from all parties, Richard said it would be difficult to claim the process was unfair.
"The ruling strongly suggests there was nothing innocent about what happened. The concerns and allegations about fraud that were raised earlier remain just as valid today," he added.
"I hope Malaysia will eventually discover the truth behind this entire debacle."
