Moreover, even if this court were of the opinion that there is a different analysis of the causal connection tests, it is clear that this is a clear "appealing" ground, so there is no way to intervene in this determination, and it is not even appropriate to do so.
In any case, it is clear that this is not a decision or a conclusion that is extremely unreasonable.
- Therefore, I am of the opinion that there is no room to intervene in the decision of the Association's refereeing institutions, because Hapoel Be'er Sheva is also responsible for not holding the game.
Hence, it is necessary to examine whether there is a deviation from the judge's report in this decision and therefore a deviation from authority.
The Judge's Report - Is There a Violation of Authority?
- Regulation 13(b) of the Disciplinary Regulations states as follows regarding the judge's report:
"The match referee's report and his testimony The match referee's report will constitute decisive evidence regarding the events that took place on the playing field, its surroundings and its facilities, before the start of the game, during the game or after the end of the game.
Insofar as the report indicates facts that occurred on the way to or from the field of play, the report will constitute conclusive evidence, only if the match referee was present at the time of the incident.
If the match referee is questioned by the court regarding the report he submitted, the court will rule at its discretion, with respect to the report and the testimony."
In light of this regulation, Hapoel Be'er Sheva argues in the matter of the judge's report, a claim that is summarized by it in paragraph 73 of the statement of claim:
"At this point, the referee's report is clear and unequivocal - despite the outburst of Hapoel Beer Sheva fans, which deserves all condemnation, if Bnei Sakhnin had obeyed the referee's order to hold the game - the game would have taken place"
Hence, Hapoel Be'er Sheva explains in paragraph 75 of the statement of claim that when the Association's Supreme Court ruled that Hapoel Be'er Sheva was also responsible for not holding the game, the court deviated from the referee's report and hence exceeded its authority, especially when the deviation was made without an investigation by the match referee.