The club did not see its claims for Competition addressed, but in the ruling of this first committee there is an argument that can be used on Appeal
The two games that have fallen to Nabil Fekir due to his expulsion against Athletic, when he responded to the kick that knocked him down from Óscar de Marcos and, above all, to the provocation of Iker Muniain when he was already on the ground with a kick that brought down the Bilbao captain, neither the protagonist nor Real Betis have been particularly surprised. In fact, the World Champion himself responded to journalist Josep Pedrerol’s editorial in ‘Jugones’ (laSexta), who believed that the punishment could only be one match or two at most, with the emoticons on the scales (appealing to the Justice) and applause, showing, therefore, conformity with the Catalan informant. All in all, the Verdiblanco club, which has already submitted allegations to Mateu Lahoz’s minutes, will process an appeal before the Appeals Committee with the ultimate goal of leaving the sanction to a minimum and that the ‘8’ only miss the visit to Balaídos and not also the duel against Osasuna.
It will be an arduous task, since the different steps of the sports jurisdiction, both the two assigned to the RFEF and the TAD, sponsored by the Higher Sports Council (and, therefore, by the Government), only usually alter the decisions of the referees or the previous bodies in the event of a manifest error, never in aspects of interpretation, maintaining the presumption of veracity of the referees and their official documents. However, Betis has a thread to pull in the Competition argument to dismiss their claim. “Regarding the typification of the action of which Mr. Nabil Fekir was the author, this disciplinary body, which will not enter into an assessment of the circumstances surrounding actions in any case identical to those concluded in previous resolutions (the jurisprudence that swears and perjures always that does not set a precedent, but that other times is borrowed), considers that it constitutes an infraction of those included in article 123.2 of the Federal Disciplinary Code. This article sanctions violence in the game, when it occurs outside of this or being stopped. In the opinion of this Committee, it is evident from the images provided both the violence of the action (a kick), as well as the fact that the game was stopped at that moment. It cannot be understood, in definitively, that the action is caused by a set of the game or is a direct consequence of it, “says the letter.
But Fekir does not react like that out of the blue, but as a result of the kick with which De Marcos ‘punishes’ his juggling with the ball and as a result of Muniain’s inconsideration when he said something to him when he was on the ground and pulled his beard, these actions immediately after signaling the foul on the Frenchman. The game would be stopped a few tenths of a second earlier, but we must differentiate between a stopped game and aggression or aggression just after the referee’s whistle as a result of a provocation during the game. “Secondly, regarding the mitigating circumstances alleged by the club, it must be taken into account that it is the repeated practice of this disciplinary body, in the absence of aggravating circumstances, to impose the sanctions
that correspond to their minimum degree. That is why they cannot have any operation, therefore, the mitigating circumstances invoked by the club in its pleadings. And this, because in accordance with the third section of article 12 of the RFEF Disciplinary Code, in no case, the evaluation of the modifying circumstances foreseen in that article will enable the disciplinary body to reduce the minimum sanction typified for the different infractions foreseen in said Code”, ends Competition, which imposed a match, for example, to the ball in the face of Koundé to Jordi Alba, after the clear provocation of the Catalan side.
An offense that the statistics also support, as revealed by the specialized profile @LaLigaenDirecto: Fekir is, since he landed in 19/20, the player who has received the most fouls in the five major leagues (348). In these three seasons, on the other hand, the Frenchman has committed 216 fouls, being also the most expelled in the most important tournaments of the Old Continent (4, like Roberto Soriano in Bologna and Lenglet in Barcelona), while Betis is the Third team whose rivals receive fewer warnings this season (58), only surpassed by Alavés (49) and Osasuna (54). The Heliopolitans have committed 417 fouls in this League, being penalized with 71 yellow cards (one every 5.87) and five red ones (one every 83.4). On the contrary, they have received 412 fouls (almost the same) in 21/22, with their rivals penalized with 58 yellow ones (one every 7.10) and two red ones (one every 206).