The Malta FA Protests Board ordered that the BOV National League I fixture between Pembroke Athleta SC and Qrendi FC be replayed in its entirety following protests by both clubs after the September 27 clash which had ended in a 4-2 win for Qrendi.
Qrendi had filed a protest demanding a 3-0 win due to an alleged breach by Pembroke Athleta of Article 9(iii)(b)(iii)(a) of the Competition Regulations which stipulates that where one non-homegrown player is on the field of play, a club must feature at least one homegrown on the field who is under nineteen (19) years of age before the first day of January prior to the commencement of the season. They argued that Pembroke effected substitutions, as a result of which they ceased to adhere to the mandatory requirements.
Pembroke raised a preliminary objection regarding the admissibility of the protest, contending that under Article 64(4)(c) of the Statute, a protest must be filed within two (2) working days from the date on which the relative match was played if the next match in the same competition of the teams involved in the relative match is scheduled to be played five days or more after the relative match. They questioned whether the statutory reference to a “working day” ought to be interpreted as expiring upon the conclusion of the official business/office hours of the Association on the relative day. They referred to the parallel protest lodged by themselves in relation to the same Match, contending that Qrendi were likewise in breach of the identical regulatory provision. They further submitted in their defence that the applicable regulations under Article 9 were newly introduced for the current football season, thereby creating a period of adjustment during which the clubs were still familiarising themselves with the precise procedure of the rule, and argued that the infraction was the result of a genuine administrative oversight rather than an intentional circumvention of the rules.
The Board established that both clubs were in breach of the same applicable eligibility regulations during the same match. Consequently, the Board finds itself legally unable to apply the sanction of declaring the match won by either party, as awarding a victory to a club that was itself in breach of the regulations would run counter to the fundamental legal and equitable principles governing competition integrity. Conversely, declaring the match null without allocating points to either club is likewise not provided for under the governing regulations. Given these exceptional circumstances and after taking into account the explicit request expressed by both clubs during the hearing in favour of a replay, the Board felt that “the most appropriate, fair, and legally sound resolution within the scope of the Board’s statutory powers under Article 64 of the Statute is to order that the match be replayed.”
The match will now be played on November 10 at the Sirens Stadium, kick-off at 20:00.
