The instructor of the file of the Royal Spanish Football Federation (RFEF) for the Deportivo-Fuenlabrada match has proposed the administrative decline of the Madrid team and a fine of 15,001 euros, a decision that will be submitted to the Competition Committee.

Ricardo Esteban Díaz Sánchez, who was able to conclude the file once the Competition Committee rejected two requests from Fuenlabrada to be challenged, understands that his proposal complies with the "principle of proportionality", adapting to the seriousness of the offending acts ".

The club in question and the rest of the interested parties have a period of ten working days to formulate the accusations they deem appropriate.

In the 45 pages of the file to which EFE has had access, it maintains that Fuenlabrada's performance "deviated" from what should have been a "respectful and loyal performance with the rules, with competition, with fair play , with the rest of the contestants, the referees, the players and the head of the competition ".

"Far from it, it was an unsupportive performance, which looked exclusively for the interest of the club, to the detriment of the rest of the players in the competition, and which is even more reprehensible as it was the last match of the championship and not having repaired in the possible affectation to the health of the participants in the competition ", justifies.

Travel with positives

The instructor explains that Fuenlabrada was aware of four positives for COVID-19 on Sunday, July 19, the day before he traveled to Galicia to face the game with Deportivo and on that date there is no record that the Federation or the Superior Sports Council ( CSD) received information in this regard.

"The fact of not communicating this information to the CSD and the RFEF could have remained a mere anecdote if it were not because, in the end, where there were four cases they turned into twenty-eight, the celebration of the match had to be suspended being the last day and there was a distortion (so far never seen in the history of Spanish football) of the competition, "he says.

He understands that "indeed, the club (Fuenlabrada) and the LNFP deliberately hide all the information they knew, perhaps in the hope that the cases would not transcend."

"Later", adds the instructor in his story, "when they have no other choice, given that the situation had gotten out of control, is when on the afternoon of Monday, July 20, they decide to inform the General Directorate of Sports and this , in turn, of the Secretary General of the RFEF ".

That, he points out in his file, encourages an emergency meeting to be held within the framework of the Monitoring Commission for the RFEF-LNFP Coordination Agreement, with the presence of the CSD to discuss the matter.

Information hiding

He considers "somewhat striking the information sent by the Secretary General of the RFEF that states that he receives calls from the CSD to call a meeting without determining the matter and that he receives emails from the LNFP in which the draft of the minutes of the meeting (which had not been held) without this institution being previously informed of anything ".

In this sense, he believes that "the concealment of information" by Fuenlabrada and LaLiga led to the making "of a decision that affects the entire competition."

"If at the time that they know the existence of four positive cases, the Commission had been referred, the matter could have been dealt with with more time and, who knows, another decision would have been taken," he reasons.

It also specifies that "deliberately, the club and the LNFP" withheld information, "even knowing that it is the Competition Committee that, in the last instance, has the competence to suspend the matches."

It concludes on this side that if the positives had been communicated from the beginning "it is possible that the decisions would have been of a different nature, third clubs would not have been harmed in their interests by a matter for which they are not responsible but victims and, in definitively, the good sporting order and the end of the competition would not have been altered ".

The instructor also maintains in his presentation that LaLiga abandoned " the rest of the clubs participating in the competition to their fate" and showed "an excessive interest, acquiring an interested and overprotective role in defense of Fuenlabrada".

"Between July 20 and August 14 there have been countless situations in relation to the Second Division competition," says the judge, who "does not understand how certain things can be allowed to clubs that with their conduct have seriously harmed the competition ", alluding to the fact that the match had finally been played on August 7.

Clubs injured

He considers that the losers have been Deportivo, who could not "compete on equal terms" and Numancia, who also fell on the last day.

It affects that the clubs that were fighting with them for permanence (Ponferradina, Albacete or Lugo) played their matches "in better conditions" than Deportivo, as they did not have the "sports pressure" that could have occurred if they all played at the same time.

He also believes that a "serious and irreparable damage" was generated to Zaragoza, Almería, Girona and Elche, who qualified for promotion and have had to wait "several weeks" to contest it.

On the other hand, it understands that "one of the most serious facts and that, again, show the degree of concealment by the leaders (of the club) and the LNFP of the real situation, is what happens with the players themselves and the coaching staff "of Fuenlabrada.

The instructor warns of incongruities in the Fuenlabrada doctor's account, testimony that the Madrid club tried to invalidate during the procedure and concludes that "the players were not immediately informed of the positive cases or possible cases."

"What is even more serious, they were not informed that they were really positive cases, that information was hidden from them and they were forced to train on Sunday and take a plane to La Coruña on Monday morning," says the judge. which is supported by the testimony of Hugo Fraile's representative, Rodrigo Fernández Lovelle, ratified by the player.

He also claims that "there is no more revealing evidence of the club's malicious concealment of what was happening than the fact that the coach ( José Ramón Sandoval ), the team's top technical manager, was not aware of the existence of positive cases until Monday afternoon, when the situation is completely out of control. "

The instructor also criticizes the AFE union, which he says "has not shown the slightest interest in defense of its players, except for the submission of documentation" that was required.

Complaint from Fuenlabrada

The response of the accused club, through an official statement, was to inform that it has denounced before the Criminal Investigation Courts and the Superior Sports Council (CSD) the order of the RFEF Instructor requesting his administrative demotion, to the time he expressed his intention to dismantle a "murky criminal plan" against the club.

The entity chaired by Jonathan Praena responded in this way to the decision made by the instructor of the file of the Royal Spanish Federation, who proposed the relegation to Second Division B of the Madrid team by Deportivo-Fuenlabrada, which had to be postponed due to the cases of coronavirus that affected the Madrid club.

The Fuenlabrada declared understand that the appointment of Ricardo Esteban Díaz Sánchez as an instructor is "illegal" and "violated" Articles 405 and 406 of the Penal Code and explains the development of the 4.1 of the Regulations for the Operation of the Bodies of the RFEF.

"It obliges the appointment of Judges to be made by the President of the RFEF" by season. "Ricardo Esteban Díaz Sánchez was not appointed by season, but was appointed an Investigating Judge of the RFEF on the same day that the case against him is assigned. CF Fuenlabrada, "Fuenlabrada said in the aforementioned statement.

"There is no evidence that he has any experience and case 562 of the 2019/2020 season is - coincidentally - the first case of his null career in the sports law sector. It is therefore an illegal ad hoc appointment that has already been made to the knowledge of the criminal investigation courts and the CSD, "he added.

He also recalled that "an independent expert" has accredited in a probability "of 5 out of 5" that Ricardo Esteban Díaz Sánchez does not write the orders he signed, but that the actual author of them is the deputy secretary general of the RFEF, Miguel García Caba.

"Therefore, the authentic instructor is not an independent judge, but a member of the federative leadership of the highest confidence of Luis Rubiales and Andreu Camps," he added.

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