The truth and nothing but the truth – Luxol’s version

Friday, February 18, 2011, 12:12

The following is a press release issue by Luxol Basketball club to rebut allegations that have been circulated over the past days and weeks. It is being published in it’s entirety below:

Times of Malta, Thursday, 17th February 2011:

No solution in sight for basketball impasse… Four clubs now call for EGM

“The men’s competitions have been on hold for two weeks as the MBA called off all matches when Depiro, Loyola and Siġġiewi strongly objected to a decision by the Appeals Board to significantly reduce the bans of two Luxol players”

Dear All,

The above is an extract from the Times of Malta sports section of the 17th February 2011. Our version of the whole saga is as follows.

As it is well known, every affiliated club has the privilege to exercise its rights within the Rules and Regulations of any Association, the MBA is no exception. Luxol like any other affiliated club had the sacrosanct right to lodge an Appeal against the Disciplinary Commissioner’s sentences, particularly in the case of its player Marco Mercieca.

The FIRST Appeal’s Board reasoned and judged that Mercieca did not use any violence in his actions and consequently his sentence was reduced from five games to a one match ban and Robert Azzopardi’s reduced to two matches.

According to the MBA statute Article 73 states that;

(1) The board shall confirm, modify, reduce or annul any decision taken by the Disciplinary Commissioner or the Protests Board.

Therefore Marco Mercieca was eligible to play in our 61 – 59 win against Siggiewi.

Siggiewi lodged a protest that (1) Marco was ineligible to play the aforementioned game (2) That Luxol Player Antoine Costa did not return the whole Siggiewi kit and (3) That a suspended Luxol official was present in the VIP stand.

Our views on these allegations are the following;

(1)    The Appeals board decided otherwise prior to the game being played.

(2)    Antoine Costa is owed money from his ex club Siggiewi.

(3)    According to the Disciplinary Code 3.0 SUSPENSION Paragraph 3.1. states the following;

“In the case of an appeal, the suspension if confirmed by the Disciplinary Board will commence from the date of the appeal sitting” (The official was still waiting for his appeal to be heard)

Following the consideration of the matter by the MBA, it transpired that the original Appeals Board was not approved at the beginning of the season by the Council and that it did not have the necessary quorum, therefore they contended that Appeals Board decision was null. The Presidents’ Council subsequently agreed that the MBA President would seek the legal advice of three lawyers to see how the MBA should proceed, which he did, and the result was that he was told that Luxol’s appeal should be re-heard as the Appeals Board was wrongly constituted and therefore null.

In the meantime the MBA’s Executive council issued a list of board members to be approved to sit on various boards and committees of the MBA. The list, as was sent by Colin Schembri MBA Vice President and Siggiewi Committee Member, who is also the PRO of the MBA included the following persons;

Borg Costanzi Michael – Briguglio Anthony – Camilleri Gino -Cassar Joe (MOC) – Cassar Joe (KMS)- Depasquale Franco -Ebejer Robert – Galea Alex – Galea Envic – Muscat Bertie – Muscat Benny- Refalo Joe – Tufigno Robert – Gatt Edward – Bianchi Louis – Buttigieg Joe – Mifsud Joe – Mizzi Alexandra.

These persons were all approved by the Executive Council in the presence of club officials including David Agius, Adrian Mifsud and Ray Cuschieri.

Luxol had no option but to accept the MBA’s decision and proceed to a 2nd Appeal’s Board now composed of Lawyers Tufigno, Mifsud and Borg Costanzi to re-hear the appeal. The properly constituted appeals board this time reduced Marco Mercieca’s ban even further than that of the 1st Appeals Board, where it found player Mercieca once again not guilty of using any VIOLENCE and delivered a sentence without any match ban.

Our opponents did not accept the 2nd Appeals Board decision either and they took the decision to put the pressure on the MBA to postpone all the Men’s Competitions.

In our humble opinion, if all Clubs had to reason and act in the same manner as the three clubs (Siggiewi, Depiro and Loyola) have been doing lately, where every time a decision is taken by the Association’s Boards and Committees it is contested and not accepted, then we can proclaim that total anarchy in the Association would be the order of the day.

Hearsay also has it that Siggiewi wanted this “break” as it would suit them fine to prolong the league as a number of their key players are all nursing injuries and the “break” will allow them to come back healthier and stronger once the competitions resume.

To Luxol, no matter what is decided, nothing will change our records of the game. It is already archived as follows;

Luxol Game number 988 played on the 29th January 2011, Competition: 1st Division League, Luxol vs Siggiewi, Score: 61 – 59, Venue: Ta’ Qali. Referees: E. Mangani, A. Carbonaro and C. Terribile.

To conclude we must ask an honest question;

“If we had lost to Siggiewi that day, what would have happened to the league or the EGM?”

We leave it to the sporting public and most importantly the all affiliated members of the MBA to draw their own opinion.

Yours faithfully

John Tabone


1 Comment

  1. JOE MIZZI says:

    what is d truth now that the protest gave siggiwi a replay??? r luxol aware of tthis nd what is next step maybe we c div one games again


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