Bin Hammam life ban overturned by CAS
Reuters - Thursday 19 July 2012, 11:34
Former FIFA presidential candidate
Mohamed Bin Hammam has won his appeal at the Court of
Arbitration for Sport (CAS) against a life ban from all football-related activity over bribery allegations.
However, CAS said the decision did not amount to an
"affirmative finding of innocence" for Bin Hammam, saying that
FIFA's investigation had not been thorough enough, and that the
case could be re-opened with new evidence.
FIFA said it noted the outcome "with concern" while Bin
Hammam told the BBC World Service that he wanted to retire from
football, saying he had seen "the ugly face" of the sport in the
last year.
Qatari Bin Hammam remained suspended from the game after the
Asian Football Confederation (AFC), which he previously headed,
opened a disciplinary case against their former boss over
alleged financial wrongdong earlier this week.
He was banned for 30 days, which was extended to a worldwide
ban by FIFA on Wednesday.
"The CAS has upheld Bin Hammam's appeal, annulled the
decision rendered by the FIFA Appeal Committee and lifted the
life ban imposed on Mr Bin Hammam," the CAS statement read.
Bin Hammam, a former member of FIFA's executive committee,
challenged Sepp Blatter for the presidency of football's world
ruling body last year.
He withdrew his candidacy, and was then provisionally
suspended, days before the June election over allegations that
he had tried to buy the votes of Caribbean officials by handing
them $40,000 each in brown envelopes at a meeting in Port of
Spain.
Blatter was subsequently re-elected unopposed for a fourth
term as FIFA president, while Bin Hammam was found guilty of
breaking seven articles of FIFA's ethics code, including one on
bribery.
He was banned for life and subsequently lost an appeal at
FIFA. Proceedings against former CONCACAF president Jack Warner,
also present at the meeting in Trinidad & Tobago, were dropped
after he resigned his post.
CAS said the three-man panel voted 2-1 in Bin Hammam's
favour but added that his behaviour was "not of the highest
ethical standard."
"It is more likely than not that Mr. Bin Hammam was the
source of the monies that were brought into Trinidad and Tobago
and eventually distributed at the meeting by Mr Warner," said
CAS.
"In this way, his conduct, in collaboration with and most
likely induced by Mr Warner, may not have complied with the
highest ethical standards that should govern the world of
football and other sports," said CAS.
"This is all the more so at the elevated levels of football
governance at which individuals such as Mr. Bin Hammam and Mr.
Warner have operated in the past.
"The Panel therefore wishes to make clear that in applying
the law, as it is required to do under the CAS Code, it is not
making any sort of affirmative finding of innocence in relation
to Mr Bin Hammam.
"It is a situation of 'case not proven', coupled with
concern on the part of the Panel that the FIFA investigation was
not complete or comprehensive enough to fill the gaps in the
record."
CAS added: "In its conclusion, the Panel noted that FIFA was
in the process of reforming its ethics committee and that, in
the event new evidence relating to the present case was
discovered, it would be possible to re-open the case, in order
to complete the factual background and to establish if Mr Bin
Hamman has committed any violation of the FIFA Code of Ethics."
"Frankly speaking, my wish is to quit," Bin Hammam told the
World Football progamme on BBC World Service.
"I served football that long, more than 42 years, I have
seen a very ugly face of the sport, envy, jealousy. I will not
talk about the corruption.
"I have found myself in the last year. I have found Mohamed
Bin Hammam, the man of the family, of his friends, of going back
to my business. I have found peace in the last year, I wish I
can continue like this."
"For me, peace and enjoyment is outside the football
environment. I have one mission, one target is to clear my name,
then I will say goodbye."
IMAGE PROBLEM
The decision is a further blow to FIFA, which is struggling
to clean up its image after years of corruption allegations.
Last week, court documents were released which showed that
former FIFA president Joao Havelange and former executive
committee member Ricardo Teixeira took multi-million dollar
bribes on World Cup deals in the 1990s.
Earlier this week, FIFA named two renowned crime-fighters
from the United States and Germany to head the two divisions of
its recently-reformed ethics committee.
FIFA said in its statement: "At FIFA level, all relevant
files will now be handed over to the new FIFA Ethics Committee,
which will start operating on July 25.
"The FIFA Ethics Committee will then decide based on the
reports and evidence presented to it if any action is required
to be taken against Mohamed Bin Hammam."