Birkirkara spared MFA sanctions

Hibernians complaint 
Following Birkirkara's 1-0 away win against Hibernians FC on 15 February, the home side made an official complaint to the MFA's disciplinary committee, alleging that Malta international defender Luke Dimech had been ineligible to play because his registration was invalid.

Dimech transfer 
Dimech had just joined Birkirkara after his contract with Irish club Shamrock Rovers FC had expired, but Hibernians claimed his transfer was invalid on the grounds of FIFA guidelines which dictate that a player can only move back to his previous association after a minimum one-year period.

FIFA rules 
The MFA duly contacted FIFA seeking clarification on the transfer, and after consultation with Gianpaolo Monteneri, head of players' status and legal services at FIFA, decided that Dimech's switch back to Malta was legitimate and that the complaint would not be upheld.

'Employment contract' 
"If a non-amateur is transferred from Malta to another association at the beginning of season 2002/03 and the player duly signs an employment contract with a foreign club for the minimum period of one year, he may only transfer back to Malta at the beginning of the season 2003/04," said Monteneri.

Exceptional circumstances 
"However, in a case where a player is made redundant by a club without just cause and he has obtained a formal decision from a competent body of a national association or from a national labour court, this act can serve as the justification for the premature termination of the employment relationship," he added.

No further sanctions 
Under such circumstances, Monteneri concluded that FIFA not only allows the transfer of the player to another club, but also decrees that the player concerned should not be sanctioned any further.