Former President of FFSL and FIFA Executive Committee Manilal Fernando lost his appeal to the Court of Arbitration for Sports (CAS) to have a life ban overturned on Monday, definitely ending his time in the sport.
The 65-year-old – a former member of the elite FIFA Executive Committee and close ally of Qatari Football administrator Mohamed bin Hammam – received the life ban from FIFA in October 2013 after he had appealed to them over an original eight year ban for multiple ethics violations, including bribery, conflicts of interest and accepting gifts.
“The Court of Arbitration for Sport [CAS] has dismissed the appeal filed by Vernon Manilal Fernando from Sri Lanka, former FIFA Executive Committee member,” read a statement released by CAS. “As a consequence, the decision rendered on October 9, 2013 by the FIFA Appeals Committee, which bans Manilal Fernando from taking part in any football-related activity for life, from March 11, 2013, is confirmed.”
The dispute is related to the election at the 2009 AFC Congress, for one of the AFC seats on the FIFA Executive Committee. In September 2012, during an inquiry conducted by the Investigatory Chamber of the FIFA Ethics Committee concerning allegations of corruption against Mohamed Bin Hammam, not related to the 2009 AFC election, Mr Manilal Fernando was suspected of having violated the FIFA Code of Ethics (FCE). Subsequently, disciplinary proceedings were opened against him.
“In September 2012, during an inquiry conducted by the Investigatory Chamber of the FIFA Ethics Committee concerning allegations of corruption against Mohamed Bin Hammam, not related to the 2009 AFC [Asian Football Confederation] election, Mr Manilal Fernando was suspected of having violated the FIFA Code of Ethics [FCE]. Subsequently, disciplinary proceedings were opened against him,” the statement continued. “On 30 April 2013, the Adjudicatory Chamber of the FIFA Ethics Committee found Mr Manilal Fernando guilty of having infringed art. 13 [General rules of conduct], art. 19 [Conflict of interests], art. 20 [Offering and accepting gifts and other benefits], and art. 21 [Bribery and corruption] of the FCE.”
“Vernon Manilal Fernando did not object to the bribery charges but considered that the (FIFA ethics code) should only apply to bribes to third parties and not to other FIFA officials which cannot be accepted,” the CAS said.
FIFA ethics judge Joachim Eckert had suspended Fernando for eight years but that sanction was challenged by then-FIFA ethics prosecutor Michael Garcia, who sought a life ban.
The CAS Panel has determined that Mr Manilal Fernando has failed to discharge the evidential burden which lies upon him to undermine the violations of the FCE and accordingly has found him guilty of such violations.
With this decision, FIFA considers that CAS has shown clear and strong support for FIFA’s fight against unethical behaviours in football, which was reinforced with the recent reform process that the organisation underwent and the introduction of a new independent Ethics Committee.
