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Aug 18 2008

FIFA’s Mutu Ruling Inappropriate

Fiorentina striker Adrian Mutu’s star was on display last Wednesday when his club impressed in their Champions League qualifier against Slavia Prague. Opening the scoring with a trademark free kick goal, Mutu and La Viola gave reason to think the club capable of improving on last year’s fourth place finish in Serie A.

After such a promising start to their season, it is unfortunate to see legal matters overshadowing the star’s play on the field.

In a judgment handed down by FIFA last Wednesday, Mutu has been ordered to pay Chelsea £13.68 million.  The decision stems from Chelsea’s claims of lost revenue resulting for Mutu’s failed drug test four years ago.  Testing positive for cocaine use, the Romanian was given a seven month ban from FIFA and had his contract with Chelsea terminated.  As further punishment, he has been made to pay this fee.  Mutu and his lawyers say they will appeal.

A seven month ban in which he earned no salary is already pretty severe.  Mutu is and was a well compensated player.  He lost into the millions of pounds based on his drug use.  It is not like he has not already been punished.  The £13.68 million judgment is capped onto that ban and contract termination.

The reasoning behind the judgment is also curious.  Chelsea claims a loss of earnings as a result of Mutu’s drug-related ban.  Although they may have had very good evidence showing an exact amount they lost as a result of Mutu’s absence, I am skeptical.  Furthermore, in having Mutu’s contract voided, they had the striker’s salary freed up and could have replaced the player.  It is not like they were given no recourse for reclaiming any losses.  If they continued to lose money as a result of the affair, the club bares some responsibility.

The Court of Arbitration for Sport must decide whether to hear this case before they rule on it.  If they uphold FIFA’s decision, it will be unfortunate.  Mutu is a rich man, but £13.68 million is a lot of money.  The decision seems based more on athlete envy and anger that a gifted player would do such a thing than any kind of legal or ethical principle.  If any kind of ethics should rule this day, it should be the fear that some drug user will now hestitate in coming forward to get help out of fear of being the next Adrian Mutu.

Links
Mutu to battle ‘unjust’ fine
Mutu to challenge ‘inhumane’ fine
Mutu: An Inhumane Punishment
Mutu to appeal FIFA damages decision
DRC reaches decision on Mutu
Mutu ordered to pay Chelsea £13.8m
Mutu ordered to repay Chelsea £13.6m after sacking
Mutu ordered to pat Chelsea £13.68m
Chelsea awarded Mutu sum
Mutu ordered to pay £13.68 million to Chelsea
Mutu ordered to pay Chelsea a record £13.68 million in compensation
Mutu ordered to pay 13 million pounds compensation to Chelsea
FIFA order Mutu to pay Chelsea 17 million euros

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