Below is the text of the FIPAV Court of Appeal issued on 23 December 2022.
CSA 06/22/23 – Complaint against the measure rendered by the National Sports Judge C.U. n.15 of 22 December 2022 (three-match disqualification for the athlete Marco Fabroni)
The Sports Court of Appeal
– Read the deeds and examined the documents and videos attached to the appeal;
An examination of the documentation filed by the claimant company reveals, in fact, that no evidence has emerged, nor has it been provided by the claimant regarding the failure to utter the words reported in the tender report in question. The examination of the video footage attached to the appeal (moreover, from the audio of which it is not possible to detect anything), does not deny the referee reconstruction, in which it is reported that the player Marco Fabroni uttered the sentences reported in the tender report. Having accused the Clerk of the Course of incompetence and addressing him with the word “imbecile”, however, appears to be an unequivocally harmful behavior to the prestige and personal dignity of the recipient, such as to justify the sanction of disqualification. However, the sentences uttered do not appear worthy of the disqualification imposed by the Single Judge, and this also in consideration of the particular situation in which the facts occurred.
Therefore this Court, in accepting the request for reduction of the sanction advanced in a subordinate way and in observance of the principle of gradualness of the sentence, deems it necessary to reduce the sanction imposed by the First Judge to fairness. This also in consideration of the procedural behavior held by the athlete, of his sporting career and of the jurisprudential precedents on the matter.
P.Q.M.
The Sports Court of Appeal, in partial acceptance of the proposed complaint, has reduced the sanction imposed on the athlete Marco Fabroni to 1 (one) day of disqualification.
