The reasoning of the Appeals Committee: Beyond doubt the injury of Juancar – Demolishes all the arguments of Olympiakos


Catapult“against what was supported by Olympic all this time regarding the aborted derby with Panathinaikos it’s the thinking her decision of the Appeals Committee.

Through the a total of 45 (!) pages sqth full reasoning, the reasons that led to the are clearly revealed unanimous decision of her people and 3-0 in the votes not to accept the appeal of the “red whites”…

What one easily notices, initially, is that the rationale demolishes all the arguments of Olympiacos and its lawyers!

It is characteristic, isn’t it, that the reasoning regularly takes into account even the opinions of “Health”for which there was so much “noise” from the “red and white” PAE…

At the same time, what he is essentially saying is that Huancar’s physical damage is undeniablebeyond any doubt and did not allow the Spanish back of the “clover” to play in the Faliros match.

While he additionally points out that the events were correctly evaluated by referee Maresca, since there were all the formal and essential conditions for the final stoppage of the match!

The … contested point of the rationale states:

“…It became clear from the clinical examination of the player in question by the match doctor, in the presence of the other two doctors of the competing teams, in at least three different moments and that were far from the first (examination) from the last (examination), more than one (1) hour, that the football player suffered physical damage to his health and specifically he suffered a loss of hearing from the (no.) ear and that he could not stand or get up showing instability. To this end, the referee, having received the initial opinion of the match doctor regarding the aforementioned physical damage, temporarily stopped the match.

The seriousness of said physical damage also emerged during the last examination of the player by the match doctor. In particular, the match doctor diagnosed only an improvement in the hearing loss, repeating his diagnosis that the injured footballer could not stand up, a final opinion, in which it is obvious and certain, based on the rules of medical science combined with the rules of common sense and the lessons of common experience, that this football player had suffered from the explosion of the firecracker thrown close to him, such physical damage, which made him unable to continue his duties and especially to participate as a competitor in the said match, as it is not possible for a football player in this condition (partial hearing loss and inability to stand) to be able to express the opinion that he can enter the field, run and compete.

The doctor of the fight, drawing up his official medical certificate, on the one hand, confirmed the initial physical damage as a result of the throwing of the bat that led to the temporary stoppage, on the other hand, he did not give an opinion on his ability in view of his clinical picture described above (partial loss hearing, inability to get up, unsteadiness), to continue his duties or not. However, this position of the doctor, according to the above, in no way prevents the arbitrator and correctly, in accordance with the major consideration that preceded him, to make use of the exclusive right and at the same time his obligation given to him by the provision of article 15§6 para. d’ P .K. E.P.O. and to decide in favor of the definitive stoppage of the football match in question, since all the formal and essential conditions for this (definitive stoppage) were met, apparently mainly assessing the medical data that had been recorded by the match doctor, in his written opinion and which concerned the physical damage suffered by the footballer and its seriousness, as clearly emerged from this part of the document in question and in fact at at least three moments in time.

The above facts regarding the state of health of the football player in question were correctly assessed by the referee, a judgment which was reflected in his decision to stop the match for good on the grounds, which was recorded on the match sheet, that the conditions for the continuation of.

It is noted, that PAE OLYMPIAKOS, lost the right to appeal with an objection according to article 23§§1c and 4a of the K.A.P. of E.P.O. the referee’s decision to stop the match, which had to be submitted within two (2) working days after the match.

The same evening, the physically injured football player was transported by ambulance to Hygeia Hospital, where he was diagnosed with residual hearing on the left in all frequencies (see from 22/10/23 and 23:00 Audiogram). And the next day, from the audiograms dated 10/23/23 of the Mother and Health Hospital, respectively, there is a loss of hearing on the left 20 to 30. And from the electronystagmus-gram dated 10/23/23, it was found, from hot water infusions – of cold that were done alternately, hypoesthesia of the left labyrinth (in warm infusions), findings compatible with hypoesthesia of the left labyrinth. And the information note – discharge (23-10-23) of the Hygeia Hospital, among other things, diagnoses acute auditory trauma (AP) of the ear, with accompanying labyrinthine syndrome.

From the above, it was proven that the aforementioned football player of the visiting team PAE PANATHINAIKOS, with jersey number (3), suffered the above bodily injury from the firecracker thrown near him, by the fans of PAE OLYMPIAKOS, as the only active cause. This physical injury, after its diagnosis by the doctor of the match, led the referee to temporarily stop the match and after repeated diagnoses by the aforementioned doctor at later times that confirmed the physical damage, the referee was right to stop the match definitively , observing the provisions of the K.A.P. and the relevant provisions of the P.K. E.P.O., as analyzed both in the major consideration that preceded it, as well as in the analysis (etiology) and reduction of the essential incidents to the corresponding provisions of the P.C. E.P.O. and K.A.P.

Pursuant to the above, the Appeal of PAE OLYMPIAKOS must be dismissed as unfounded, since the appeal, albeit with different reasons, which the present Appeals Committee replaces in accordance with Article 534 of the Civil Code, was brought to a correct disposition, applying the correct provisions and disciplinary penalties”.

Source: Sport Fm

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