News that former chief justice Tun Md Raus Sharif will head the Football Association of Malaysia’s (FAM) independent committee to probe the “doctored documents” controversy surrounding seven “heritage” players is a step in the right direction, say two prominent lawyers well-versed in sports law.
Datuk Seri Dr Jahaberdeen Mohamed Yunoos and Nik Erman Nik Roseli described the move as appropriate and commendable, but cautioned that the credibility of the investigation would depend on its independence, scope, and transparency.
“Raus, being a former Chief Justice, brings decades of judicial experience. He exudes impartiality as he has no known links to sports bodies,” said Jahaberdeen.
“He is trained to examine facts and reach objective decisions. His appointment shows that FAM is serious about getting to the bottom of this matter.”
On Sept 26, Fifa sanctioned FAM and seven players – Gabriel Felipe Arrocha, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Jon Irazabal, and Hector Hevel – over allegations of “doctored documentation”. Fifa fined FAM 350,000 Swiss francs and handed the seven players 12-month bans after finding that documents submitted to confirm their eligibility contained false information. The world football body is expected to decide on FAM’s appeal by Oct 30.
On Oct 17, FAM announced the suspension of secretary-general Datuk Noor Azman Ghazali with immediate effect and the formation of the committee.
Nik Erman said FAM was within its rights to form an internal investigative committee.
“The practice of FAM self-appointing an investigative body is acceptable,” he said, noting that Fifa’s Executive Committee had once appointed an internal Reform Committee in response to corruption scandals.
“Article 19 of the Fifa Statutes states that each member association shall manage its affairs independently and without undue influence from third parties. If the government were to initiate and form this committee, it could run foul of Article 19.”
Nik Erman cautioned that independence must be more than symbolic.
“The choice of Raus is good, but the composition of the committee matters and must include diverse, independent experts and even those willing to question the chairman,” he said.
Yesterday, FAM announced that Raus would lead the independent committee and that he would select its members. However, details of his terms of reference remain undisclosed.
Both lawyers said the terms of reference of the investigation committee would determine how far the committee could go.
“We don’t yet know what the terms of reference are. That will reveal whether the committee has the power to call witnesses, examine documents, and make binding recommendations,” said Nik Erman.
Jahaberdeen stressed that the association must manage public expectations.
“Since FAM made the investigation public, people will expect the findings to be made public as well,” he said. “If the results are kept secret, it could lead to perceptions of a cover-up.
“To truly restore confidence, the process must be independent, the findings transparent, and the results acted upon.”
Nik Erman cited the precedent of the McLaren Report on Russian doping, which was published in full by the World Anti-Doping Agency (Wada).
“Transparency will determine whether the public trusts the process,” he said.
As the committee prepares to begin its work, several questions remain unanswered – particularly about its scope, duration, and what FAM intends to do with the findings.
