Fuenlabrada insists: “The appointment of the judge is illegal”

Minutes after the proposal of the investigating judge in the Fuenlabrada case was known, the Madrid club has issued a response statement. Esteban Díaz Sánchez has closed the file proposing to sanction Fuenlabrada for the commission of a disciplinary offense for conduct in good sports order of a very serious nature typified in article 68.1 of the Disciplinary Code with a fine of 15,001 euros and the sanction consisting of demotion .

However, Fuenlabrada defends itself and insists that the appointment of the instructor is “illegal”, adding that it is proven by an independent expert that “That Ricardo Esteban Díaz Sánchez does not write the orders that he signs, but 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 “.

The full statement from Fuenlabrada is as follows:

“Before the new Providence of the RFEF Instructor requesting the administrative demotion of CF Fuenlabrada, we must clarify:

– That the appointment of Ricardo Esteban Díaz Sánchez as Instructor is illegal and violates articles 405 and 406 of the Penal Code. Article 4.1 of the Regulation for the Functioning of the Disciplinary Bodies of the RFEF requires that the appointments of Judges 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 CF Fuenlabrada was assigned. 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 known to the criminal investigation courts and the CSD.

– 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 signs, 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.

– That the disciplinary procedure is plagued with procedural infractions: among others, taking statements without legal assistance; failure to meet deadlines; lack of arbitrary testing and manifest falsity ignoring the evidence provided.

– The actions that are being carried out by a management group of the RFEF instrumentalizing the disciplinary bodies of the RFEF with the aim of administratively descending to CF Fuenlabrada illegally, are also a crime of attempted alteration of the competition contemplated in 286.bis .4 of the Penal Code.

– The CF Fuenlabrada SAD has already denounced these and other facts before the Criminal Investigation Courts and the Superior Sports Council, and will go to the lengths to prove and dismantle this murky criminal plan of which there is already conclusive evidence.

Finally, we want to convey our complete peace of mind. The Competition Committee did not consider that there was any conduct even for the provisional loss of three points, so it is technically impossible for it to consider that it could reach the absolute madness of an administrative decline. We live in a rule of law in which public authorities that abuse their power in an illicit way are faced with specific types of the Penal Code.

It has been proven that this Club has acted at all times with transparency and under the minute-by-minute instructions of LaLiga, a body with the public function delegated to develop health protocols in professional football, which by the way are a thousand times more exhaustive than the protocols RFEF health facilities, which are non-existent.

Any absurd attempt at sanctions of such gravity is an atrocity of historic dimensions and will not go unpunished. Dozens of families and jobs depend on a Club that is doing hard work whose results on the grass speak for themselves. We are not going to accept that workers and their families are put at risk by the illicit interests of corrupt authorities, as we are not going to accept that the name of our city is stained and all our fans run over. “