Lawyer frankly states Malaysia is unlikely to win the lawsuit without new evidence

Sports lawyer Nik Erman Nik Roseli assesses that Malaysia hardly has any opportunity to succeed in the lawsuit if it fails to produce new proof in the appeal to the Court of Arbitration for Sport (CAS).

The Football Association of Malaysia (FAM) faces a pivotal decision as it considers appealing to the Court of Arbitration for Sport (CAS) following FIFA’s official rejection of the complaint regarding the “forgery of documents” involving naturalized players.

Previously, FIFA’s Appeals Committee upheld the sanction imposed by the Disciplinary Committee in September, which includes fining FAM 350,000 Swiss francs (approximately 11.5 billion VND) and suspending seven naturalized players—Gabriel Palmero, Facundo Garces, Rodrigo Holgado, Imanol Machuca, Joao Figueiredo, Jon Irazabal, and Hector Hevel—from all football activities for 12 months.

According to regulations, FAM has 10 days to request the detailed verdict and another 21 days to file an appeal to CAS. However, sports lawyer Nik Erman Nik Roseli warns this route is costly and risky.

Mr. Nik Erman explains: “The key issue lies in the original birth certificates of the players’ grandparents. If FAM denies the authenticity of the documents FIFA considers ‘forged,’ they must provide new evidence to prove otherwise. FAM can appeal to reduce the penalty, but they need to clarify their goal: to clear their name or just to lessen the punishment.”

The lawyer also cautions that taking the case to CAS could consume a lot of money with an uncertain outcome. “If FAM’s aim is only to reduce the sanction, it might not be worth risking the huge time and financial costs,” he added.

Nik Erman also pointed out that even after the suspension ends, these players do not yet qualify to represent Malaysia under FIFA rules, unless they have lived in Malaysia continuously for at least five years.

“FAM receives significant funding from the government, meaning taxpayers’ money. Therefore, they must carefully consider public opinion before engaging in this legal battle,” he emphasized.

Currently, FAM has not made a final decision, but clearly, whichever path they choose, they are involved in a legal “gamble” that is difficult to win.

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