On October 21, the Spanish Football Federation released its official disciplinary sanctions. Facundo Bernal, who headbutted Yamal during the match against Barcelona, has been suspended for 4 matches for assault.
Spanish Football Federation Disciplinary Sanctions
Facundo Bernal (Real Betis): Suspended for 4 matches for assault, with an additional fine in accordance with Article 52 of the Disciplinary Code.
Pellegrini (Real Betis): Cautioned for making comments, gestures, or objections to the referee, assistant referees, and the fourth official.
Official Manuel Fajardo Mateo (Real Betis): Suspended for 2 matches for conduct contrary to sporting order, with an additional fine in accordance with Article 52 of the Disciplinary Code.
The referee's report for the LaLiga Matchday 9 fixture between Real Betis and Barcelona on October 17, 2024, recorded the following:
"Real Betis: In the 54th minute, player (No. 6) Facundo Bernal was sent off for the following reason: during a confrontation, the player grabbed an opponent's neck and headbutted the opponent's face twice consecutively while the game was not in play. The opponent did not require medical assistance and was able to continue the match."
After reviewing the appeal filed by Real Betis, the Disciplinary Committee concludes:
First, the club argues that the referee's report contains a clear objective error, as it failed to accurately record the preceding altercation and the involvement of the opposing player. Therefore, the assault described in the report cannot be confirmed. The club requests the red card be revoked. As a supplementary argument, the club contends that the conduct should be classified under Article 130.2 of the Disciplinary Code, and the mitigating circumstance of "sufficient provocation" as stipulated in Article 10.b) should be applied.
Second, this Disciplinary Committee has consistently held that to establish a clear objective error in the referee's report, unequivocal evidence must be provided, sufficient to eliminate reasonable doubt, proving that the facts recorded did not occur or that the record was clearly arbitrary.
This position is based on the following:
(1) Article 155, paragraph 1 of the Royal Spanish Football Federation Regulations states: "The referee is the sole and unappealable technical sporting authority officiating the match." The same article requires the referee to write the match report "truthfully, concisely, clearly, objectively, and completely" (Article 156.b). Regarding the evidentiary value of the referee's report, Article 27 of the Disciplinary Code stipulates that the report "constitutes the written evidence necessary for the determination of violations of sporting rules and regulations" (paragraph 1) and that "in determining violations of sporting discipline, the referee's decisions on facts related to the match are final and presumed to be true, unless there is a clear objective error" (paragraph 3). Therefore, the referee's report enjoys a rebuttable presumption of veracity; this presumption can be overturned only if a clear objective error is proven.
(2) The jurisprudence of the Royal Spanish Football Federation's disciplinary bodies and the Administrative Court of Sport (TAD) supports this view, consistently requiring that evidence conclusively prove a clear error by the referee. Ruling No. 302/2017 issued by the Administrative Court of Sport on September 29, 2017, states: "A 'clear objective error' must be clear, evident, and unaffected by any opinion, evaluation, interpretation, or legal classification."
(3) In summary, to challenge the veracity of decisions recorded in the referee's report, the appellant must provide appropriate and sufficient evidence proving a "clear objective error." Video evidence can serve as valid evidence to overturn the content of the referee's report. Only by proving a clear objective error can the presumption of veracity be overturned.
Third, after reviewing Real Betis's appeal and supporting materials, this Committee finds the appeal should not be upheld.
The video evidence submitted by the club shows that the sanctioned player did indeed carry out the actions described in the referee's report.
The action of grabbing the opponent's neck and headbutting their face twice consecutively while the game was stopped constitutes an act of aggression as defined in Article 103.1 of the Disciplinary Code, not merely an act of violence under Article 130.2. The fact that the opponent was not injured does not affect the classification of the act. Therefore, a 4-match suspension is imposed, which is the minimum penalty stipulated in Article 103.1. Given that the minimum penalty prescribed by law is applied, this Committee deems it unnecessary to further evaluate the mitigating circumstance of "sufficient provocation" claimed by the club, as such an evaluation would not affect the penalty imposed.
Based on the aforementioned reasons, this Disciplinary Committee resolves as follows:
To reject the appeal filed by Real Betis and to impose a 4-match suspension on player Facundo Bernal in accordance with Article 103.1 of the Disciplinary Code of the Royal Spanish Football Federation; other consequences shall be executed according to law.
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