The Appeals Committee of the Ghana Football Association (GFA) has set aside the conviction and sentence handed to Kumasi Asante Kotoko in the case involving Optimum Media Prime (OMP) which is the parent company of Metropolitan Television (Metro TV) based in Accra.

Kotoko appealed against a ruling by the Disciplinary Committee, which fined the club GH¢3,000 and GH¢5,000 on the grounds that its supporters caused damage to the cables of Metro TV and also assaulted Berekum Chelsea’s Accra Representative, Oduro Sarfo, following the Glo Premier League match between Kotoko and Berekum Chelsea in Kumasi on December 14, 2011.

Kotoko’s legal team thus prayed the Appeals Committee to set aside the fines imposed on the club or alternatively reduce the fines significantly. A ruling by the Appeals Committee, released this week did exactly that.

“On count two, we disagree with the conviction of the appellants as lacking support from the evidence on record. It is important to note that nowhere in the record of appeal was there evidence of any damaged cables purported to be that used by OMP on the date of the match.  Indeed, the prosecution did not tender any damaged cables in evidence” said the ruling.

“It is our view that merely relying on the fact that the said damage was reported to an official of the appellants on the day of the match is not enough. Certainly, it fails to satisfy or meet the level of burden of proof expected of the prosecution in matters of this nature. It is trite law that such proof must be beyond reasonable doubt. Accordingly, we set aside the conviction and sentence on count” the ruling added.

On count one, which related to the supporters’ attack and heckling of the match officials during recess and after the said league encounter, the Appeals Committee, held that the Disciplinary Committee’s judgment was “amply supported by the evidence on record”. They therefore upheld their decision.

On count three, which was the alleged assault on Berekum Chelsea’s Accra Representative, Oduro Sarfo, the Appeals Committee held that though the initial conviction was amply supported by the evidence on record the GH¢5,000 fine imposed on Kotoko was excessive considering the “gravity of the offence”. They consequently reduced it to GH¢2,000.

Reacting to the latest ruling, Public and Supporters Relations Manager, Listowell Yesu Bukarson  expressed gratitude to the club’s legal team. “We were not convinced when the Disciplinary Committee’s judgment came. We thank our expert legal team because the Appeal Committee’s ruling again vindicates our initial position” he said 

The following is the full report of the appeals committee rulling:

 GHANA FOOTBALL ASSOCIATION

 

SUBMISSION OF THE DECISION OF THE APPEALS COMMITTEE OF THE GHANA FOOTBALL ASSOCIATION IN THE MATTER OF AN APPEAL BY ASANTE KOTOKO S.C AGAINST THE DECISION OF THE DISCIPLINARY COMMITTEE IN THE CASE OF MISCONDUCT.

We submit herewith the decision of the Appeals Committee on the above mentioned case for your study and necessary action. 

Sporting regards.

 

Signed:

EMMANUEL GYIMAH

(AG. GENERAL SECRETARY)

 

THE C.E.O

ASANTE KOTOKO S.C LTD.

KUMASI.

 

THE C.E.O

BEREKUMCHELSEAF.C

BEREKUM

 

cc: GENERAL SECRETARY

PRESIDENT

CHAIRMAN, PLB

ACCOUNTS

 

IN THE APPEALS COMMITTEE

GHANAFOOTBALL ASSOCIATION

WEDNESDAY, 25^TH JULY, 2012

ASANTEKOTOKO S.C – APPELANTS

BEREKUM CHELSEA – RESPONDENTS

CORUM

1. MR. EMMANUEL E. ANNAN – VICE-CHAIRMAN
2. MR. BAFFOUR AKOTO – MEMBER
3. C/SUPT. (RTD.) D.R.K ASARE – MEMBER
4. MR. CLAUDE OPPON – MEMBER
5. MR. GEORGE AMISSAH JNR. – MEMBER
6. EMMANUEL GYIMAH – SECRETARY

REPRESENTATION

The parties presented their submission on the appropriate forms from the Ghana Football Association.

DECISION

1. On the 3^rd day of July, 2012 the Disciplinary Committee delivered a decision in a case of misconduct preferred against the appellants by the GFA through their Prosecutor in connection with the GLO Premier match played between the parties herein at the Baba Yara Sports Stadium, Kumasi on the 14^th December, 2011.
2. The charges were as follows:

Count One: Miscount of supports contrary to Article 35(4) of the Rules and Regulations of the Ghana Football Association.

The particulars of the offence in respect of Count 1 was that on Sunday 14^th December, 2011 when Kotoko played Chelsea at the Baba Yara Sports Stadium, supporters of Kotoko attacked and heckled the match officials during half-time and after the match.

Count Two: Misconduct of supporters contrary to Article 35(4) of the Rules and Regulations of the Ghana Football Association.

The particulars of offence in respect of Count 2 was that on Sunday 14^th December, 2011 when Kotoko played Chelsea at the Baba Yara Sports Stadium, supporters of Kotoko damaged OMP broadcast equipment which was used to telecast the match live on Super Sport.

Count Three: Miscount of supporters contrary to Articles 35(4) of the Rules and Regulations of the Ghana Football Association.

The particulars of offence in respect of Count 3 was that on Sunday 14^th December, 2011 when Kotoko playedChelsea at the Baba Yara Sports Stadium, supporters of Kotoko attacked Mr. Oduro Sarfo (Accra Rep. of Chelsea FC) after the match.

3. After a careful evaluation of the evidence before it, the Disciplinary Committee found counts 1 and 3 as having been proved. However, on count 2 the Disciplinary Committee found as having been proved the damage to the cables of OMP only but rejected as unproven the offence of having caused damaged to the broadcast equipment.
4. In the result, the Disciplinary Committee fined the appellants in the sums of GHC 3,000.00, GHC 3,000.00 and GHC 5,000.00 in respect of counts 1, 2 and 3 respectively. It is against this decision that the appellants have appealed before us against their conviction and sentence.
5. We have carefully examined the evidence before us and the submissions of the appellants and hold as follows:

Count One

We find the conviction on count one as amply supported by the evidence on record and also the fine imposed as fair and just having regard to the gravity of the offence.

Accordingly, we uphold the Disciplinary Committee’s decision and sentence on count one.

Count Two

On count two, we disagree with the conviction of the appellants as lacking support from the evidence on record. It is important to note that no where in the record of appeal was there evidence of any damaged cables purported to be that used by OMP on the date of the match.

Indeed the prosecution did not tender any damaged in evidence.

It is our view that merely relying on the fact that the said damage was reported to an official of the appellants on the day of the match is not enough. Certainly, it fails to satisfy or meet the level of burden of proof expected of the prosecution in matters of this nature. It is trite law that such proof must be beyond reasonable doubt.

Accordingly, we set the conviction and the sentence on count two.

Count 3

The conviction on count three, in our view, is amply supported by the evidence on record and we hereby uphold same.

However, we find the fine of GHC 5,000.00 imposes as excessive having regard to the gravity of the offence.

Accordingly, we hereby reduce the fine to GHC 2,000.00.

Signed

EMMANUEL E. ANNAN

(VICE-CHAIRMAN)

   

By: Jerome Otchere