I do not believe that the non-conviction of Bnei Sakhnin prevented Hapoel Be'er Sheva from a fair trial, and I do not believe that there is an imbalance in the punishment, and therefore I reject the argument, and I will reason.
- First of all, I would like to clarify that I accept the argument that the failure to convict Bnei Sakhnin of the offense of refusing to play a game is due to a mistake. As I detailed above at length, the judges of the Disciplinary Court were clearly of the opinion that the sons of Sakhnin should be convicted of this offense, and only due to an unclear error did this conclusion find expression in the judgment. The Supreme Court judges were also of the opinion that there was room to convict Bnei Sakhnin of the offense of refusing to play a game, but in light of the fact that no appeal was filed by the Association against the "acquittal" or non-conviction of Bnei Sakhnin in this offense, they reasoned that they could not intervene in this erroneous conclusion.
- However, despite the mistake that occurred, this mistake did not cause any miscarriage of justice, or unfair proceeding, towards Hapoel Be'er Sheva, when all the judges determined that there was responsibility for Hapoel Be'er Sheva, under the assumption that Bnei Sakhnin was responsible and guilty of the offense of refusing to play a game.
Dayan Deutsch even explicitly relates to this argument, and explains it well as follows:
"Its legitimate interest relates to determining the outcome of the game, but the denial of the technical victory from Hapoel Be'er Sheva does not stem from Sakhnin's acquittal, but from the fact that the rioting of Beersheba fans is one of the reasons for the non-holding of the game.
And to be precise. Our judgment does not interfere with the game referee's decision to order the resumption of the game. We assume that the decision was made within the jurisdiction of the match referee. The fact that Sakhnin should have obeyed the referee's order does not, as stated, detract from Hapoel Be'er Sheva's causal contribution to not holding the game."