HB Tórshavn is expelled from the cup competition.
May 02, 2006: The Cup Competition:
The Soccer Association's executive committee has expelled HB Tórshavn from the cup.
Their conclusion is that in the 2nd round of the cup in the match against VB/Sumba, HB used a player whose player certificate was not lying with HB, but with another club, NSÍ Runavík, and according to the rules, HB is then judged to lose the game.
For the second half of last season, HB player Páll Mohr Joensen was on loan to NSÍ Runavík who then received his player certificate. This season, Páll was back with HB, but the Soccer Association claims that HB had failed to register Páll as a HB player again and that his player certificate therefore still was with NSÍ when HB beat VB/Suma in round 2 of the cup competition on March 25. Therefore their conclusion is that HB used an illegal player and consequently has to lose the game against VB/Sumba, which HB otherwise won 4-1. VB/Sumba will now take HB's place in the quarterfinal of the cup, which is against EB/Streymur on May 25.
HB on the other hand claim that they did in fact register Páll Mohr Joensen as a HB player and that it is the Soccer Association's administration that has mismanaged the affair.
HB have stated that they will appeal to the Soccer Associations legal commission.
Last season, both B36 Tórshavn and KÍ Klaksvík, suffered the same faith as HB, when they were expelled from the cup after similar circumstances, when they, according to the Soccer Association, had used players whose player certificates were not registered with the Soccer Association.
Update, May 22, 2006:
HB Tórshavn reinstated to the Cup
The Soccer Association's legal commission has this evening reinstated HB Tórshavn to the Cup competition.
The legal commission's conclusion is that the forum which originally had expelled HB from the cup, the soccer association's executive committee, didn't have the authority to make such a ruling.
Therefore, the executive committee's rulings have been annulled and HB reinstated to the Cup.
From this conclusion, it is also clear that no ruling has been made to the original matter in question; the dispute between the Soccer Association and HB over a player certificate, which is discussed on top of this page, but that HB is cleared because a procedure error.
But, regardless of the legal tug-of-war, HB will play against EB/Streymur in the quarter final of the Cup competition on Thursday, May 22.
Update, May 24, 2006:
Back at square one – HB not reinstated yet, after all
As you can read above, the Soccer Association's Legal Commission had ruled that the Executive Committee's original ruling to expel HB from the Cup competition was annulled, because the Executive Committee didn't have the authority to expel HB.
At first, it meant that HB was back in the Cup.
But now things have taken yet another twist:
The Soccer Association does not interpret that ruling as the end of the matter, because they want a ruling on the matter which this whole case is originally about: if HB has used a player without a valid player certificate or not.
To get a ruling on this, the Soccer Association has sent the case back to the Competition Commission.
And this is where the case started originally, but the Competition Commission then sent the case to the Executive Committee, because they wanted it to make a ruling, because this ruling would act as a precedent for future cases of this kind. And the Executive Committee then ruled that HB should be expelled from the Cup competition, but HB appealed to the Legal Commission which ruled that the Executive Committee's ruling had to be annulled, because it didn't have the authority to make the ruling, but as the Legal Commission did not make a ruling about the original case, the Soccer Association sent the case back to the Competition Commission. That's why we are back at square one.
Phew, are you exhausted too? – And confused? Well, I don't blame you, because this is damn complicated.
And because of the legal war going on, the quarterfinal match in the Cup between EB/Streymur and either HB or VB/Sumba (depending on the faith HB will suffer), which was supposed to be played on Thursday May 25, 2006, will now be postponed until the case has been settled once and for all.
Update, June 01, 2006:
The Soccer Association wins round 3 of the legal match vs. HB Tórshavn:
HB is out of the Cup!
The Soccer Association's "Competition Commission" has ruled that HB's Páll Mohr Joensen was not eligible to play for HB in the first round match of the Cup competition against VB/Sumba because he, according to the Soccer Association, did not have a valid player certificate, and therefore HB's original 4-1 win has been annulled and HB expelled from the Cup competition, where VB/Sumba will take HB's place in the quarter final against EB/Streymur.
But HB has appealed the decision to the Soccer Association's Legal Commission.
HB claim, that if they have done anything wrong at all, then their only error has been a tiny administrative one and that they didn't have any motive to field an, in the eyes of the Soccer Association, illegal player and that the whole affair should at worst cost HB a fine and that expelling HB from the Cup is totally out of proportions in regards to a small administrative mishap.
Update, June 27, 2006:
HB lose their appeal – but don't give up yet
Last week, the Soccer Association's Legal Commission confirmed the ruling of the Competition Commission, that HB should be expelled from the Cup Competition for using a player who was not eligible to play in the cup.
But HB still haven't accepted the outcome and have now appealed the matter to the Sports Federation's Tribunal. But the Soccer Association doesn't recognize the Sports Federation's Tribunal in this matter and have therefore decided that the quarterfinal of the Cup competition between EB/Streymur and VB/Sumba (VB/Sumba take HB's place) shall be played on Wednesday, June 28. But however, the Sports Federation's Tribunal still wants to hear the case.
But this morning, HB has been in court to get an injunction against the match being played before the Sports Federation's Tribunal has made its ruling, because HB fear that if the match has first been played, before the Sports Federation's Tribunal has made its ruling, then that match will never been annulled, should HB win their appeal to the Sports Federations Tribunal.
The court will make its ruling on Wednesday morning, whether the match can be played or not.
Update, June 28, 2006:
HB not buried yet – Court rules in favor of HB
HB won the battle in court and an injunction has now been made against the Cup quarterfinal match that should have been played this evening between EB/Streymur and VB/Sumba.
Now, the match will not be played before the Sports Federation's Tribunal has made its ruling in the case whether HB shall be expelled from the Cup competition or not. A verdict is not expected before mid-July.
Update, July 24, 2006:
Sports Federation's Tribunal Rules:
Do it Once Again, Please!
On Saturday, 9 days ago, the Sports Federation's Tribunal ruled that the case, concerning if HB used an ineligible player or not, shall be sent back to the "Competition Commission" to be taken up for renewed consideration.
The reason given is that, according to the Sports Federation's Tribunal, in the hearing between HB Tórshavn and the Soccer Association, documents show that other clubs beside HB have also used players who were not eligible to play, but that the Soccer Association had not pursued these matters, and therefore HB had been singled out. That was deemed to be unfair, by the Sports Tribunal, as it breaks the equality-rule.
Therefore, the Sports Federation's Tribunal has ordered the case to start all over again in the Soccer Association's "Competition Commission" and this time, they also have to have the other cases, in which doubts have been raised about ineligible players, in mind, so that all clubs are treated equally.
Well, this is a bit complicated, and it's difficult to explain in my native language, so to do it in my somewhat limited English is darned difficult.
But however, this means that all dates for when the missing quarterfinal, the semifinals and final should be played, are off.
And nobody knows when the matches will be played. Maybe the final will be on Christmas Eve, who knows :-)
Update, August 05, 2006:
Competition Commission reaches same verdict again: HB out!
Last Tuesday, the Competition Commission made its 3rd ruling in the ongoing case regarding a HB- player who, according to the Soccer Association, was ineligible to play in the Cup competition and for the 3rd time, the ruling was against HB and HB have therefore been judged to lose the 1st round game against VB/Sumba – a game HB originally won 4-1.
In this 3rd hearing in the Competition Commission, the commission had been ordered by the Sport's Association's Tribunal to also take two other incidents, with other clubs who had unclarified legibility-problems, into consideration, so that all clubs were being treated equal, and the Competition Commission voted unanimously that these other clubs should not be punished, although some formalities were not 100% correct. – But these were deemed to be insignificant.
However, in the case against HB, the verdict was a split decision, as the chairman voted that HB should not be judged to lose the Cup game, but he was outnumbered by the other 2 members of the commission.
HB do not accept the ruling and have appealed to the Soccer Association's Legal Commission.
But now it will very difficult for HB to reverse the ruling, as the matter has already been in that Commission twice before also, and although the ruling there last time was also a 2-1 split decision against HB, those members are unlikely to change their mind this time around.
Update, August 26, 2006:
HB reinstated to the Cup
Yesterday, the Soccer Association's Legal Commission overturned the Competition Commission's verdict to expel HB from the Cup competition and have instead reinstated HB to the Cup Competition.
The Legal Commission's main reason for reinstating HB is that it finds that HB has not been treated equal with two other clubs, which also did not have all their papers 100% in order, and that the cases were similar enough to be treated equal. Instead, HB have been given a 15.000 DKK fine, as well as HB must play their remaining games away from home.
HB play EB/Streymur in the Quarterfinal
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