Sports Dispute Solutions Ireland (SDSI) are to adjudicate on a controversy which has rocked the Men’s SuperLeague.
Basketball Ireland’s Men’s National Competitions Committee (MNCC) yesterday confirmed that they will appeal a decision made by an Independent National Appeals committee regarding the points deduction which they had imposed on Superleague pacesetters Garvey’s Tralee Warriors for incorrectly registering American, Andre Berry.
Sport Dispute Solutions Ireland was established by the Federation of Irish Sport in response to the increasing prevalence of sporting litigation and the recognition, as endorsed by the High Court, that the courts are not the appropriate forum for the resolution of such disputes.
SDSI is an independent specialised dispute resolution service for Irish Sport offering both a mediation and arbitration facility.
The MNCC had called for the deduction of “the 6 points (Tralee) won in the 2 wins they recorded in the 3 relevant games” along with a fine of €390.
The NAC (a body completely independent of Basketball Ireland and the MNCC) upheld the fines but overturned the deduction of points.
The MNCC issued a statement to clubs on Thursday afternoon, outlining their course of action.
“The Men’s National Competitions Committee (MNCC) is aware of versions of the above that are circulating. We wish to inform you directly of the key facts without going into all the details-
While investigating another matter the MNCC discovered that Tralee Warriors (TW) had played an unregistered player (Andre Berry) in three Super League games this season.
The MNCC held an investigation and invited TW to partake which they did.
The outcome of the investigation was that the MNCC did not accept the explanations given by TW and applied the relevant rules in the MNCC rulebook (5.3.5 in Appendix 5) i.e. a €130 fine per infringement and forfeit of the game. This totaled to a €390 fine and the deduction of the 6 points won in the 2 wins they recorded in the 3 relevant games.
TW appealed this decision to the NAC (National Appeals Committee).
The NAC upheld the fines but overturned the deduction of points.
“After due consideration the MNCC has decided that it must appeal this decision of the NAC to Sport Dispute Resolution (previously named Just Sport) as is provided for in the BI Bye laws. The MNCC believes it correctly applied our rulebook on behalf of all our clubs and the NAC has erred in its finding. This process has now begun as a matter of urgency.”
Tralee responded with the following statement. “Tralee Warriors confirm their disappointment that the MNCC (Men’s National Competitions Committee) has decided to appeal the decision of the Independent National Appeals Committee to the Sports Dispute Solutions Ireland. Tralee Warriors will continue to deal with the matter in appropriate manner and will not make any comment in relation to the process of the dispute itself at this time.”