How can Suarez legally defend against a ban from football for his World Cup “bite”?
How might Mr Balbi go about trying to defend Mr Suarez?
(Dis)Proving the offence
From the video evidence that has been seen around the world so far, it certainly seems that on what is referred to in the FDC as the Committee’s “personal convictions” (Article 97(3)), a standard of proof said by CAS to equate to the unique sporting “comfortable satisfaction” standard7, that Mr Suarez did indeed bite Mr Chiellini. Therefore, as the lawyer defending Mr Suarez, you would have to look for clear video evidence from a different angle that he did not bite Mr Chiellini. This will require trawling through footage from the numerous cameras around the stadium that may provide a different and, hopefully, better viewing angle. Indeed, in the press release, FIFA make a point of mentioning that under Article 96 of the FDC “any type of proof may be produced in particular are admissible…video recordings”.
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- Tags: Brazil | FIFA | FIFA Disciplinary Code | FIFA Disciplinary Committee | Football | Governance | Regulation | World Cup
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Kevin is a advisor and member of the editorial board for LawInSport, having previously acted as editor.
Kevin specialises in integrity, regulatory, governance and disciplinary matters. His expertise and knowledge has led him to be engaged by major private and public bodies, including the IOC, FIFA, the Council of Europe, INTERPOL and the United Nations Office on Drugs and Crime (UNODC), as well as making regular appearances internationally delivering presentations and commenting in the media on sports law issues.
His research and papers are published across a variety of forums, including having a blog on LawInSport.