Luxol had sacrosanct right to appeal – Tabone

Luxol BC are saying they had followed procedures according to Malta Basketball Association rules in the case of two of their players who lodged successful bids to have their suspensions reduced by the Appeals Board.

In a statement, club official John Tabone gave Luxol’s own version of events which led to the current impasse following the association’s decision to halt all men’s competitions until the situation returns to normal.

Competitions have been on hold for more than two weeks now with no near solution in sight.

In fact, on Monday four clubs, Athleta, Depiro, Loyola and Siġġiewi, asked the MBA to call an urgent extraordinary general meeting where a series of new amendments are being proposed to the statute. So far, no date has been set for the meeting.

“Every affiliated club has the privilege to exercise its rights within the rules and regulations of our association,” Tabone said.

“So, Luxol had the sacrosanct right to lodge an appeal against the Disciplinary Commissioner’s sentences, particularly in the case of our player Marco Mercieca.

“The first Appeals Board reasoned and judged that Mercieca did not use any violence in his actions and consequently his ban was reduced from five games to one. Robert Azzo-pardi’s ban was reduced to two matches.”

Luxol are saying Mercieca was clear to play against Siġġiewi in a league fixture, a match Luxol won 61-59.

Siġġiewi lodged a protest, contending: (i) Mercieca was ineligible to play; (ii) Luxol player Antoine Costa did not return the whole Siġġiewi kit; and, (iii) that a suspended Luxol official was present in the VIP stand.

Luxol, however, rebutted all three charges.

“In Mercieca’s case, the Appeals Board had decided otherwise prior to the game against Siġġiewi and Antoine Costa is owed money from his ex-club,” Tabone said.

“Also, according to the Disciplinary Code (3.0 Suspension, Paragraph 3.1) ‘in the case of an appeal, the suspension, if confirmed by the Disciplinary Board, will commence from the date of the appeal sitting’... the official in question was still waiting for his appeal to be heard.”

Tabone added that after the MBA considered the whole matter, it transpired that the original Appeals Board was not approved at the beginning of the season by the Council and that it did not have the necessary quorum.

Therefore, the MBA contended, the Appeals Board decision was null.

The President’s Council subsequently agreed that the MBA president would seek legal advice to see how the MBA should proceed, which he did. The result was that he was told that Luxol’s appeal should be re-heard as the Appeals Board had been wrongly constituted.

“In the meantime, the MBA issued a list of members to be approved to sit on various boards and committees of the association.

“These officials were all approved by the Executive Council,” Tabone said.

“We had no option but to accept the MBA’s decision and proceed to a second Appeals Board to hear our case.”

This time, the board reduced Mercieca’s ban even further as he was found not guilty of using any violence and a sentence without any match ban was delivered.

“But, it seems, our opponents did not accept the second Appeals Board ruling either and, instead, took the decision to put pressure on the MBA. Subsequently, they postponed all men’s competitions,” Tabone said.

“Now, we ask a simple question... had we lost that match to Siġġiewi, what would have happened? Would have someone called for an EGM?

“We leave it to the sporting public and, most importantly, to the MBA affiliated members to draw their own opinion.”