Judges confirm judgment against goalkeeper who abandoned match

The Court of Appeal confirmed a judgment in terms of which an Italian footballer contracted with Ħamrun Spartans FC was ordered to pay over €16,310 (Lm7,000) in damages after he walked out of a match against Valletta FC in 1994.

This judgment was handed down by Chief Justice Vincent Degaetano, Mr Justice Joseph D. Camilleri and Mr Justice Joseph A. Filletti in a case filed by Alessandro Zaninelli against Ħamrun Spartans FC.

The court heard that in 1992 Mr Zaninelli was engaged as a player with the club for the period ending May 30, 1994. But, in 1995, Mr Zaninelli sued the club for breach of contract and for payment of damages. The club, on its part, claimed it was Mr Zaninelli who was responsible for breach of contract.

Ħamrun Spartans sued the player for damages.

The First Hall of the Civil Court had found in favour of the club and had ordered Mr Zaninelli to pay €16,675 (Lm7, 157.77) to the club in damages.

On appeal, the court heard that Mr Zaninelli had been engaged to play with Ħamrun Spartans for the season between September 1993 and May 1994 and receive €41,316.6 (80 million Italian lire) in compensation.

In April 1994, Ħamrun Spartans were due to play a game against Valletta FC. This was an important game for the club because if Ħamrun won they could aspire to qualify for the European competitions.

At half time, Valletta FC were winning by two goals to one. During the break, an argument ensued between Mr Zaninelli and some directors of Ħamrun Spartans FC who had complained that he was not playing well as a goalkeeper. Mr Zaninelli felt insulted and left the pitch, not even playing any other games that season.

The court noted that both the club and the player had exchanged allegations about each other. Mr Zaninelli said he had never been paid on time and the club accused Mr Zaninelli of abandoning his team half way through a decisive match.

After the game, the club had started disciplinary action against the player before the MFA's board, which had ruled that Mr Zaninelli was in breach of contract. This decision was confirmed by the MFA Appeals Board, which had ordered Mr Zaninelli to pay a fine of €3,495 (Lm1, 500) and to refund the club €3,098.74 (six million Italian lire), which he had received as an advance payment.

In yesterday's judgment, the court noted that, although Mr Zaninelli had complained that the club delayed payments to him, he had never raised such issues with the club. On the other hand, it had resulted that Mr Zaninelli had felt offended by the attitude of the club's directors during the game with Valletta FC.

It was, therefore, clear that the player had decided to unilaterally terminate his contract with the club half way through the match with Valletta when he had refused to play in the second half. This was irresponsible behaviour on his part, the court noted, for he had abandoned his team and had failed to provide the services he had bound himself contractually to offer.

The Court of Appeal, therefore, confirmed that part of the first court's judgment which had found the player to be in breach of contract with the club. However, the court varied the award of damages to coincide with the rate of exchange at the time. Mr Zaninelli was, therefore, ordered to pay the club €16,595 (Lm7,124) in damages.