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Civil Case (Tel Aviv) 76264-12-24 Hapoel Be’er Sheva Football Club v. Israel Football Association - part 4

March 30, 2025
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Judge Shimoni ruled that there was a mistake in the judge's report when he did not examine the impact of the violent incidents on the players.  In the opinion of this judge, the exercise of the correct judgment of the match referee would have led to the conclusion that in light of the violent incidents, the sporting value of the game had been damaged, and therefore he should not have ordered the resumption of the game.

From here, and after discussing other issues, Judge Shimoni comes to the conclusion that this is a "hybrid" event that includes the desecration of the anthem by Bnei Sakhnin fans, the outburst and rioting of Hapoel Be'er Sheva fans, and finally the refusal of Bnei Sakhnin to get on the pitch.  In his opinion, a series of these events leads to the conclusion that both teams are responsible for the failure to hold the game.

  1. In light of these rulings, Judge Shimoni reaches a conclusion regarding the penalties for Bnei Sakhnin and Hapoel Be'er Sheva, which are fines, as well as a deduction of a point in light of the aggravating circumstances.

Regarding the outcome of the game, Judge Shimoni ruled that in accordance with Regulation 12(i)32 of the Championship Regulations, a result of 0:0 without points should be determined.  Judge Shimoni notes that the court has the authority to determine a replay in accordance with Regulation 7(a)(9) of the Championship Regulations, including the conditions for its existence, but in the circumstances of this case, it is not appropriate to use this authority, which contradicts the sense of justice.

  1. Judge Shimoni, despite his clear determination that Bnei Sakhnin is responsible for not holding the game in light of her refusal to obey the judge's orders, does not convict her of this offense. I should note that he does not entitle her either.
  2. Judge Mr. Giora Landau (hereinafter: "Judge Landau") agrees with Judge Shimoni's reasoning and conclusions, but in a slightly different way. In particular, Judge Landau emphasizes that the determination of a 0:0 result without points does not constitute interference by the court in the position of the match referee.  In his view, the match referee acted correctly and appropriately as detailed in the referee's report, but the results deriving from what was stated in the referee's report, including the penalties and determining the outcome of the game, are the court's.

In this case, Judge Landau ruled that in light of the ugly events on the part of the fans of both teams, it is appropriate that apart from the punishment set by Judge Shimoni of fines and deduction of a point, a punishment acceptable to him, the result of the game will be 0:0 without points.

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