Exclusive – Siggiewi’s protest sent to MBA two weeks ago

Thursday, February 17, 2011, 9:00

The below is the official protest in the form of a letter sent to the General Secretary of the MBA signed by the President of Siggiewi Basketball Club David Agius. It is beleived that this protest letter has sparked the current issue within the MBA.

The Secretary General
Malta Basketball Association
Ta Qali

30th January 2011

Dear Secretary,

We are protesting against the result vis a vis the MBA 1st Division Game Luxol vs Siggiewi played on Saturday 29th January 2011 because:

Luxol player Marco Mercieca should not have been allowed to play the above mentioned game because he was suspended for 4 games by the disciplinary board and consequently we are objecting to the appeals board decision of reducing the penalty from 4 games to 1 game because:

a)      The appeals board member was not approved by the Executive Council as required by the MBA statute ARTICLE 64: “The members who can sit on the Appeals Board shall be nominated by the President‟s Council and confirmed by the Executive Council.”
b)      The appeals board was ultra vires in its decision when it reduced the penalty to less than the minimum required by the MBA penalty table of the disciplinary code and
c)      the Composition of Appeals board was also not according to MBA statute:  ARTICLE 68 MALTA BASKE TBAL L ASSOCIATION – STATUTE: “The board shall be composed of three members, one of whom shall act as Chairman.” The appeals board was composed of only 1 person and d)      we, as a party interested in the matter because the above mentioned player (Marco Mercieca) was going to play against our team, were not notified of the decision as per ARTICLE 76 of the MBA Statute: “The Secretary General shall notify any decision taken by the board to the parties concerned.”

2. Joseph Falzon, Luxol official, who was suspended for one year by the Disciplinary Board, was present for our game at Ta Qali. The rules 3.3.E state that “suspension from MBA activities” mean that the person “shall not enter the premises where MBA competitions are being organised.” We sustain that even if he appealed this penalty, the rules say that the sentence is not suspended according to MBA rule article 77 no 8 “The filling of the appeal does not in any way whatsoever suspends the Disciplinary Commissioner’s and/or Protests Board sentence from being executed.”
Antoine Costa, Luxol player, played during the above mentioned game, when he has not as yet returned to our Club the playing kit belonging to our club which he used with our team as from last year. He also has in his possession other basketball staff belonging to our club even tough the association was informed through email written to you by Mr Peter Farrugia about this matter and also that our club has on numerous occasions asked him to do so.

We await your earliest decision re our appeal.

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1 Comment

  1. E. Farrugia says:

    It is getting pretty by the day.


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