The investigating judge appointed to oversee the disciplinary proceedings against Juan Cala informed the Spanish Football Federation’s (RFEF) Competition Committee on Friday that he has moved to dismiss the case against the Cádiz Club de Fútbol defender. In an eight-page ruling, Juan Antonio Landaberea Unzueta concludes that the racist insult Cala allegedly directed at Valencia defender Mouctar Diakhaby “could not be proven”, and that “the presumption of innocence must apply if, after an unbiased appraisal of the evidence, it cannot be established with absolute certainty that the offence was committed. This certainty is absent in this case.” The documentary and testimonial evidence provided by Valencia Club de Fútbol has therefore been rejected.
According to Landaberea Unzueta’s ruling, “the alleged racist insult cannot be discerned in any of the numerous audiovisual files taken into consideration”, and the reports provided by Spain’s National Professional Football League (LNFP) “agree that there is no evidence of the alleged insult”. The investigating judge’s conclusions also make reference to a report compiled by the company Apherton Grupo Investigación, which reveals that based on “a behavioural analysis of the investigated player, he cannot be deemed to directly look at or address the Valencia player No. 12; no directionality towards the aforementioned player can be discerned”. In its assessment of the evidence submitted by Valencia Club de Fútbol, the investigating judge’s ruling concludes that there is “no direct or indirect proof of the alleged insult”. “All expert evidence given unanimously agrees” on the absence of proof, it adds.
In accordance with the RFEF’s Disciplinary Code, a period of 10 working days has been provided in which to respond to the ruling.
