In my opinion, even assuming that Hapoel Be'er Sheva has passed the hurdle on the first level, and that the judge's report is binding, I have not found the Supreme Court to deviate from this report, and therefore I reject this argument of Hapoel Be'er Sheva. And I will explain.
- At the outset, I would like to clarify that I accept Hapoel Be'er Sheva's argument that the referee's report indicates that "if Bnei Sakhnin had obeyed the referee's order to hold the game, the game would have taken place."
However, this does not show that there is a deviation by the Supreme Court from the judge's report, and certainly not a deviation from authority.
There is no statement in the judgments of all the judges that if the sons of Sakhnin had acceded to the referee's request, the game would not have taken place. On the contrary, as I showed above, all the judges adopt the match referee's report, and determine that the Sakhnin people should have responded to the referee's request, and in any case the game would have taken place.
However, and this is the main point of this discussion, the judges of the Supreme Court are of the opinion that they are in a situation in which both teams are responsible for not holding the game. According to the Supreme Court judges, just as if Bnei Sakhnin had acceded to the referee's request, the game would have taken place, if Hapoel Be'er Sheva fans had not rioted, the game would have been held as usual.
- Moreover, both Judge Zarnakin and Judge Deutsch explicitly state that they accept the referee's report regarding the responsibility of Bnei Sakhnin, but explain that the report does not rule out the causal connection of all the events, and in particular the riot of Hapoel Be'er Sheva fans, to the failure to hold the game.
- From here it is clear that even if we accept Hapoel Be'er Sheva's position regarding the judge's report as written, there is no contradiction, or deviation, from the judge's report in the court's decision.
It should be noted that the referee's report does not contain any statement that Hapoel Be'er Sheva is not responsible for the chain of events that took place, and in particular for the non-existence of the game.