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TAS 2021 A 8245 Nella Joseph c. FIFA FR (CAS)

Why it matters

This case underscores the high evidentiary standard required in sports disciplinary proceedings, particularly when allegations are based on hearsay and indirect testimony. The CAS panel emphasized that the burden of proof lies with the accusing body and that mere rumors or unsubstantiated claims cannot justify sanctions. It also highlights the importance of due process and the presumption of innocence in sports ethics cases.

Summary

Nella Joseph, a Haitian football official, was accused by FIFA's Ethics Committee of pressuring young female players to have sex with the president of the Haitian Football Federation, Yves Jean-Bart, based on articles in The Guardian. The FIFA Ethics Chamber imposed a 10-year ban on her. She appealed to CAS. The CAS panel found that the evidence against her consisted almost entirely of hearsay and indirect testimony, with no direct victims confirming the allegations. The panel noted that the investigation reports showed many witnesses denied any abuse, and the alleged victims themselves did not corroborate the claims. The panel concluded that there was substantial doubt about the violation and that FIFA had not met its burden of proof. Therefore, the appeal was upheld, the ban was annulled, and no sanction was imposed. The panel also ordered FIFA to pay CHF 1,000 towards Joseph's costs.

The detail

Parties: TAS 2021 A 8245 Nella Joseph c. FIFA FR

Outcome: Appeal upheld; FIFA Ethics Committee decision annulled; no sanction imposed on Nella Joseph.

Quantum: CHF 1,000 contribution to costs

Applicable law: FIFA Code of Ethics (2019 edition), CAS Code of Sports-related Arbitration

Issues in play: The case involved the standard of proof for disciplinary violations under the FIFA Code of Ethics, specifically whether hearsay and indirect testimony sufficed to prove a violation of Article 23 (general duty of loyalty and protection).

Read the full decision at Court of Arbitration for Sport (football, via FIFA) ↗

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