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Why does the Malaysia national team have to fight FIFA to the end despite the slim chance of winning?

A Malaysian lawyer admits that the likelihood of Malaysia’s football team winning is very slim, yet acknowledges they must not retreat in their fight against FIFA.

The decision of the Football Association of Malaysia (FAM) to appeal FIFA’s sanctions to the Court of Arbitration for Sport (CAS) is not only a legal step but also an organizational necessity. However, according to sports lawyer Etienne Rizk, escaping the penalties will be extremely challenging given what has been acknowledged.

Luật sư Malaysia khuyên FAM phải kiện FIFA đến cùng  771872
Malaysia must enter a prolonged legal battle with FIFA despite knowing the odds are against them.

Rizk – who has extensive experience handling cases at CAS – stated that the FIFA Appeal Committee’s decision clearly confirmed the sanctions against both FAM and the seven naturalized players involved, including a fine of 350,000 Swiss francs (approximately 1.8 million Ringgit) imposed on FAM.

“The FIFA Appeal Committee’s ruling has upheld the sanctions against both FAM and the players,”Rizk said. “FAM has appealed this decision to CAS, but I am uncertain whether the players have done the same.”

He explained that if only FAM files the appeal, CAS will review the entire case focusing on whether FAM committed any wrongdoing in the naturalization process of the players.

Rizk believes FAM is likely to reiterate and refine the legal arguments previously made at FIFA, while trying to prove that the accusations of organized misconduct within the management are unfounded – a strategy that could help reduce or remove the financial penalties.

Luật sư Malaysia khuyên FAM phải kiện FIFA đến cùng  771874
FAM and the seven players are independent parties in the dispute with FIFA.

Nonetheless, he emphasized that appealing is unavoidable for FAM regardless of the legal prospects: “From an organizational perspective, FAM has no choice but to challenge FIFA’s decisions.”.

Regarding FAM’s chances at CAS, Rizk cautiously noted it is difficult to predict the outcome without reviewing the full evidence. However, he pointed out that FIFA’s appeal decision is ‘well-argued,’ indicating the governing body has thoroughly justified its conclusions.

He highlighted several weaknesses in FAM’s position, including the limited involvement of players in the naturalization process, contradictory testimonies during hearings, and most critically, admissions from within FAM itself.

Luật sư Malaysia khuyên FAM phải kiện FIFA đến cùng  771863
Many experts worry that FAM could spend up to 8 million Ringgit on legal battles with FIFA.

“One of the core issues is the FAM Secretary General’s admission that some departments within FAM were involved in processing and altering birth certificate copies, including edited content,” Rizk stated.“Therefore, based on the facts of the case and FAM’s own admissions, from an outside observer’s perspective, it is very difficult for FAM to completely avoid sanctions.”.

Nevertheless, Rizk believes the appeal holds significant organizational value: “In my view, FAM needs to protect itself as an institution. This process is a responsible way to act and shows that if any wrongdoing occurred, FAM has responded seriously and maturely.”.

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