Hamrun Spartans and the Malta Football Association scored a major victory in their history as they have won their appeal at the Court of Arbitration for Sport (CAS) launched against a FIFA decision over the case which involved Dutch player Sylvano Comvalius.
Comvalius had been brought to play in Malta by the Spartans for season 2008/2009, but since he left the island after also having a spell at Birkirkara, three Dutch clubs had sought compensation for the player’s services.
In November 2009, the KNVB had requested the MFA to invite Hamrun S. to pay training compensations as follows: €30,000 to Amsterdam FC, €120,000 to FC Omniworld/Almere City FC and €8,333.33 to Club Quick Boys.
Had Hamrun lost the appeal, they would have had to fork out around €230,000, which, in all probability, would have meant the end for the Spartans.
Addressing a news conference yesterday morning, Dr Chris Bonnett, MFA legal adviser, said that the association’s new administration always left its door open, not only to the Spartans, but to every club in Malta and Gozo.
He went on to say how they studied the FIFA decision and came to the conclusion that there was something wrong. “We immediately felt we had a basis to appeal and we contacted Volker Hesse, a professional lawyer, whose role in this case was simply excellent. We must thank him for his contribution which led to the Spartans winning their appeal,” he said.
Dr Bonett commended CAS for taking the brave decision to overturn the FIFA ruling, something which Dr. Bonnett described as “very rare’. “But after all, it confirmed that Hamrun were right in launching their appeal,” he added.
Dr Bonnett said the MFA always felt the Spartans were right, especially after taking a look at the documents available which showed that there was deceit on the part of a person in the Netherlands and also some shortcomings from the part of the Netherlands Football Association (KNVB).
He added that CAS was told that the KNVB had introduced the concept of a player being an amateur and a professional, not just an amateur or a professional. He added that they used to allow players to register as professionals with amateur clubs, but these were not registered with the association.
He went on to thank the player himself, Sylvano Comvalius. “He was never involved in the issue, but his role in Spartans’ win, was substantial. What we can say about him is that he is a very honest person and was quite responsible when he produced his version on the incident which led to this case,” said Dr Bonnett.
Victor Cassar, of Hamrun S., thanked the MFA, especially, the president, Norman Darmanin Demajo, the CEO, Bjorn Vassallo, treasurer Antoine Portelli and Dr Chris Bonnett, for their immense support. He also thanked Paul Borg, Joe Borg and the club president, Daniel Sullivan, for their continuous support.
Mr Cassar, who followed the case from start to finish, said that there had been deceipt from a certain Jeffrey Cuestra. It was claimed that this person had advised Hamrun S. about the compensation they had to pay to Dutch club Almere City FC for the player’s services, but it was clear from the documents presented to FIFA and CAS, that there had never been any communication between him and Hamrun S.
Cassar also claimed that Hamrun had not even been informed that Comvalius had undergone a cruciate operation and that he had played only a few matches because of an infection.
He added: “But the biggest deception was that of the KNVB. They hid the employment contracts of players with amateur clubs – in a few words there were no registrations of such players with the association. The KNVB was also criticised in the Appeals Award for such an attitude.”
He went on to say that this negative experience had brought about a bad image on the local club. “We suffered a lot. We could not strengthen the team as we wished. Moreover, we lost several sponsorships. It was a black spot over the club which – with the support of the MFA – we are doing our best to overturn into a positive future for Hamrun S.,” he added.
Dr Bonnett confirmed that the case was now closed. “There is no right of appeal to this decision. It is now the three clubs who will have to pay the legal expenses for the case amounting to around €30,000,” he said.
Hamrun Spartans president Daniel Sullivan yesterday revealed that the club will be having five Bulgarian players among their ranks the coming season.
These will be a goalkeeper, a central defender, a flank defender, a central midfielder and a striker.
He said that this was the fruit of fresh contacts with that country which have seen the Spartans naming former Malta-based coach Atanas Marinov as Technical Director (all sectors).
Moreover, the senior squad under the charge of the re-confirmed coach Stefan Sultana, will be leaving Malta for Bulgaria next Monday.
There, they will be attending a 10-day training camp during which they are expected to play at least two friendly matches.
He went on to say that the club’s aim this season is that of claiming a Top Six berth. “We have a mix of youth, good foreigners and some new local faces – among them Massimo Grima and Terence Scerri. Together with our mainstay Roderick Fenech, we are hoping that this will be the start of a fresh new era for the Spartans,” he said.
He added that the club will not be very active in the transfer window, but still hoped to add two more local players to their squad.