By Andrew Warshaw
January 20 – Former Asian football chief Mohamed Bin Hammam’s (pictured) attempt to clear his name after being banned for life for bribery by FIFA’s Ethics Committee reaches the Court of Arbitration for Sport (CAS) on Monday (January 23) in a related case against his own Confederation.
The CAS hearing is not against FIFA – a date for which has not yet been announced – but against the Confederation of Asian Football (AFC).
Bin Hammam, who will not attend in person in Lausanne, is seeking clarity from the AFC and CAS that, constitutionally, he should remain as AFC President until at least the next AFC Congress, provisionally set for May 30.
After Bin Hammam’s ban, Zhang Jilong of China was appointed as an interim replacement.
But a statement issued by his lawyers, while recognising that Zhang could deputise under the rules, said: “That does not mean that the existing President has been removed and Mr Jilong or indeed anyone else has replaced him.”
Bin Hammam is also trying to stop Zhang replacing him on the FIFA Executive Committee.
“Mr Bin Hammam does not believe that he has been removed from that FIFA position or that a replacement can be made, save in accordance with the respective constitutions of the AFC and FIFA,” the statement said.
“Mr Bin Hammam is taking these steps before CAS to clear his name.
“Proceedings before CAS are not public and Mr Bin Hammam therefore prefers not to make any comments about the conduct of the proceedings.
“As the hearing is wholly concerned with legal argument and there will be no live evidence from either side, Mr Bin Hammam is not proposing to attend in person.
“The issues are for the panel alone to decide.
“There will be a separate CAS hearing in spring this year in which Mr Bin Hammam is challenging FIFA’s actions in banning him from all football activities.”
Quite how Monday’s hearing differs from a similar appeal held in October is not entirely clear; on that occasion Bin Hammam failed in an attempt to get the CAS to block the appointment of Zhang (pictured left) as AFC President.
No evidence has been provided in terms of how Bin Hammam aims to win over the panel this time and insideworldfootball was denied permission to speak to his legal team for a simple clarification.
One obvious supposition is that Bin Hammam badly wants to have a verdict by next May, when the AFC would be legally bound to replace him as President.
FIFA’s Ethics Committee expelled Bin Hammam in July after finding him guilty of attempting to bribe Caribbean voters during his election challenge to the FIFA President, Sepp Blatter.
He withdrew his bid straight after the scandal emerged a few weeks before the election after a number of Caribbeans admitted they were offered $40,000 (£26,000/€30,000) in cash-filled envelopes after attending a pre-arranged bin Hammam lobbying meeting in Trinidad and Tobago.
The Qatari categorically denies any wrongdoing and his appeal will not necessarily end at the CAS.
If he loses, he can technically pursue his case outside the sporting arena at Switzerland’s Supreme Court.
Contact the writer of this story at zib.l1734805099labto1734805099ofdlr1734805099owedi1734805099sni@w1734805099ahsra1734805099w.wer1734805099dna1734805099
Related stories
December 2011: Court of Arbitration for Sport set date for Bin Hammam hearing
November 2011: AFC President Jilong puts controversy to bed saying it’s “business as usual”
November 2011: Bin Hammam formally launches battle to clear his name at CAS
October 2011: Bin Hammam loses battle to retain control of Asia
September 2011: Bin Hammam takes appeal to CAS in relentless quest for “justice”
