In fact, this brief reasoning is sufficient to reject Hapoel Be'er Sheva's claim regarding the lack of authority, however, for the sake of good order, and in light of the importance of the issue, I will expand a bit.
- A perusal of Regulation 13(b) of the Disciplinary Regulations reveals that it states that the referee's report constitutes conclusive evidence of "events that occurred", and the matter is clear, the match referee's report, as long as it is not investigated, is supposed to institutionalize the factual basis for the decision of the Association's refereeing institutions.
To be precise, the regulation explicitly uses the words "events that occurred", i.e., the creation of a factual basis that binds the Association's judicial institutions. However, Regulation 13(b) does not determine, and there is no legal or other logic to determine, that the match referee must draw legal conclusions from the events, or that the legal conclusions of the match referee in the referee's report are binding on the Association's judicial institutions.
The deduction of the legal significance in general, and the existence of a causal connection in particular, from the events detailed in the referee's report is that of the Association's judicial institutions and not of the match referee.
- Hence, in order to show that the Association's refereeing institutions deviated or deviated from the referee's report, Hapoel Be'er Sheva had to show that the refereeing institutions deviated from the factual basis laid out by the match referee in the match report, and it is not enough that the refereeing institutions drew a legal conclusion that is different, or additional, from the conclusion of the match referee.
In any event, in the matter before us, there is no deviation of the judicial institutions from the judge's report, nor from the factual basis that was laid out therein, nor from the conclusions contained therein, and I will elaborate.
- As explained at length above, the majority judges are of the opinion that the riot of the Be'er Sheva fans is the "trigger" of the incident, so that there is a causal connection between the riot of the Hapoel Be'er Sheva fans and the non-holding of the game.
The factual basis for the event that occurred is well established in the match referee's report, where the match referee states in the referee's report regarding the events themselves as follows: