He Administrative Court of Sport (TAD), meeting urgently and extraordinary this Monday, has stopped the Government’s feet in its plan to suspend Luis Rubiales for his non-consensual kiss to Jennifer Hermoso in the next few hours. Against all odds, the TAD has not resolved the CSD complaint and instead has demanded that he provide more documentation before taking a decision.
The decision of the TAD, advanced by the portal Iusport and by Onda Cero, has broken the road map of a Government that He took for granted the opening of the file against Rubiales for a “very serious” offense, which would allow the CSD to proceed with the provisional suspension of the leader in the next 48 hours. In fact, Victor Francos He announced a press conference in which he planned to report on the next steps to be taken, but he had to give it without the resolution of the TAD, which was in session throughout the afternoon.
The TAD has met urgently
The CSD itself, in the complaint filed late on Monday, asked the TAD to meet this Monday urgently, instead of waiting for their regular Thursday meeting. The court granted the request to speed up the process, but not with the result that the government expected.
The absence of a resolution has, in the short term, a null practical effect, since Rubiales has been suspended from his positions in the RFEF and UEFA since Saturday and for 90 daysin this case by decision of the FIFA Disciplinary Committee, but it represents a setback for the Government, which was counting on activating the bureaucratic machinery today.
A “very serious” offense for “abuse of authority”
The CSD had denounced that Rubiales incurred in a “very serious” offense for “abuse of authority”, according to the Sports Law; and in another, also “very serious” for “notorious and public acts that violate sporting dignity or decorum, when they are particularly serious”, an offense included in Royal Decree 1591/1992 that regulates Sports Discipline. The first of them referred to the non-consensual kiss to Hermoso and the second for grabbing his genitals in the box, just when he finished the World Cup final.
The fact that the offense denounced is very serious and not serious is what would allow the Government, through the CSD Board of Directorsmake the decision that the suspension of Rubiales is automatic, if the TAD finally decides to open the file that, for the moment, denies him for lack of cdocumentation.
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It also occurs on a day in which the Government itself has publicly exhibited its disparity of opinions on the Rubiales case. Not about the substance, but because of the way of acting. With the ministers Yolanda Díaz and Irene Montero and the spokesperson for Sumar, Ernest Urtasún, criticizing the procedure of the CSD. Reproaches that have found the response of the president of the organization, Víctor Francos: “There is a difference between the law and the proclamation”.
The absence of a failure is a small victory for Rubiales, since it raises doubts about a file and a suspension that were taken for granted. However, today it became known that the Prosecutor’s Office of the National Court is opening proceedings against him for an alleged crime of sexual assault on Hermoso and his territorial barons have forsaken him, unanimously demanding his resignation and the dismissal of his right hand, Andreu Camps.