I will note that there is some disagreement regarding the nature of the refusal of the Bnei Sakhnin players to play, but there is no dispute that the bottom line, after many attempts at persuasion, the manager of the Bnei Sakhnin team informed the match referee that his players were unable to play, and hence the match referee announced that the game would not take place.
- Following these events, disciplinary proceedings were filed against the two teams, Hapoel Be'er Sheva and Bnei Sakhnin.
Summary of the disciplinary proceedings and their decision
- Defendant 1, the Israel Football Association (hereinafter: "the Association"), filed, through the prosecution on its behalf, an indictment against both teams.
Hapoel Be'er Sheva was charged with offenses of: (a) rioting fans under aggravated circumstances, an offense under Regulation 2015 of the Football Association's Meaning Regulations (hereinafter: the "Disciplinary Code"); (b) Breaking into the field of play under aggravated circumstances (an offense under Regulation 20J) (c) Injury by fans (an offense under Regulation 20D).
Bnei Sakhnin was charged with the following offenses: (a) refusal to play the game (an offense under Regulation 20C); (b) Breaking into the field of play (an offense under Regulation 20K); (c) Rioting fans under aggravated circumstances (an offense under Regulation 2010); racist or offensive chants (an offense under Regulation 20C); (d) Injury by fans (an offense under Regulation 20D).
- The main dispute between the parties, as revealed both in the discussions in the Association's judicial institutions and in the hearing before me, stemmed from the claim of the Association's prosecution institutions, that although only Bnei Sakhnin was accused of refusing to hold the game, the two teams should be held jointly responsible for not holding the game.
I will preface by saying that this argument has dramatic significance in the case before me. Thus, in accordance with Section 12(i)(2) of the Football Association's Championship Regulations (hereinafter: the "Championship Regulations"), when one team is convicted of an offense that means responsibility for not holding a match, the penalty that will apply to it is a technical loss of 3:0.