CAS 2012/A/2699 Al-Birair v. Confédération Africaine de Football

CAS 2012/A/2699 Al-Birair v. Confédération Africaine de Football
The standard of proof to be applied in disciplinary cases is that of “comfortable satisfaction”. As a result, the Respondent must establish the facts underlying the alleged disciplinary violation, not on a balance of probability but to the “comfortable satisfaction” of the Panel.

Facts/Procedure

On 2 October 2011, Al Hilal Club (the Club) played a home match against a Tunisian team. The Match was the semi-final of the CAF Orange Champions League. The kick-off time was at 20:00. The first half ended at 20:48.

As the main referee made his way to the changing rooms at the end of the first half, at around 20:50 he was the victim of a physical assault (the Incident).

On the same day, the Incident was reported to the African Football Confederacy (CAF) Disciplinary Board, in which report Al-Birair, the President of the Club was named as the person assaulting the referee. On 10 October 2011, the CAF Disciplinary Board decided to provisionally suspend the President for a period of 30 days, until a decision was made.

On 14 November 2011, a final decision was made, suspending the President and banning him from performing any football related activities under the...

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