However, although there is a consensus regarding the responsibility of Bnei Sakhnin for the offense of refusing to play a game, the summary of the judgment did not record a conviction for this offense. I will note that it is also not recorded that Bnei Sakhnin is acquitted of this offense.
- Only Hapoel Be'er Sheva filed an appeal against this judgment of the Disciplinary Court to the Supreme Court of the Football Association (hereinafter: the "Supreme Court").
- As part of the appeal, Hapoel Be'er Sheva focused on the claim that it was not the outburst of its fans that caused the game not to take place, but rather the refusal of Bnei Sakhnin to get on the pitch, which in Hapoel Be'er Sheva's opinion is what emerges from the match referee's report, a report that cannot be appealed and from which it cannot be deviated. Hence, the team claims, there was no reason to deduct a point due to the "aggravating circumstances" that did not exist and there was no reason to set a result of 0:0 without points.
- The Supreme Court, in a reasoned ruling, rejected the appeal, and I will briefly detail the position of the judges.
The presiding judge, Judge (retired) Dr. Adi Zarnakin (hereinafter: "Judge Zarnakin") discussed the main question, which is, as stated, whether there is also responsibility for Hapoel Be'er Sheva for not holding the game, and reaches the conclusion that both teams are responsible for not holding the game.
In the matter of Bnei Sakhnin, Judge Zarnakin states in paragraph 26 of his judgment that Bnei Sakhnin was obligated to take to the pitch in light of the instructions of the match referee, despite the subjective feelings of the players, and hence there was room to convict her of the offense of not playing a game.
- Judge Zarnakin ruled that Hapoel Be'er Sheva was also responsible for not holding the game, according to the tests of causal connection. According to him, there is a factual and legal causal connection between the riot of Hapoel Be'er Sheva fans, which is indisputable, and the non-holding of the game, when had it not been for the riot of the Beer Sheva fans, the game would have taken place as usual.
From here, Judge Zarnakin ruled that the appeal should be dismissed.