Fyssas red card rescinded in landmark ruling

HEARTS last night won their appeal against the dismissal of Takis Fyssas during their controversial Premierleague defeat against Celtic at Tynecastle on New Year's Day.

A Scottish Football Association review panel decided referee Iain Brines was wrong to show Fyssas a straight red card for a foul on Celtic striker Shaun Maloney when Hearts were leading 2-1 in a match they eventually lost 3-2 in stoppage time.

The automatic one-match suspension the Greek international was due to serve against Dunfermline at East End Park on Saturday has been rescinded and the five penalty points removed from his disciplinary record.

Hearts midfielder Paul Hartley, however, was not looked upon so favourably. Unsurprisingly, it was decided Hartley must answer a charge of serious misconduct for his off the ball kick at Celtic left-back Ross Wallace in the closing moments of the explosive clash ten days ago. The Scotland player will now be called upon to appear before the next meeting of the SFA disciplinary committee at Hampden on 31 January where he can anticipate receiving a suspension of at least three matches.

With captain Steven Pressley and leading scorer Rudi Skacel both due to serve suspensions later this month, however, Hearts were both relieved and satisfied that their claim for wrongful dismissal on behalf of Fyssas was successful. A club spokesperson said: "We are pleased with the outcome of the appeal and feel the player has been fully vindicated. Takis is now looking forward to the game at Dunfermline."

Hearts are the first SPL club to benefit from a change in Scottish football's disciplinary regulations. Fyssas was sent off for a challenge on Maloney which referee Brines deemed to be a foul which denied Celtic an obvious goal scoring opportunity.

Prior to this season, there was no right of appeal against such a dismissal with the SFA's disciplinary procedures only allowing for claims of wrongful dismissal to be lodged in the case of serious foul play, violent conduct or spitting at an opponent.

The rules were amended, however, after the controversial dismissal of Dundee United defender Mark Wilson during his team's 1-0 defeat by Dundee at Dens Park last season. Wilson was sent off for deliberate handball but despite video evidence clearly showing he had in fact headed the ball, no appeal was permissible and his automatic one-match suspension stood.

The subsequent change in regulations, which came into force at the start of this season, means clubs can now also make a claim for wrongful dismissal in respect of the offence of "denying the opposing team or an opponent a goal or obvious goal scoring opportunity".

The onus is on the club making the claim for wrongful dismissal to demonstrate that a refereeing error had occurred and that their appeal is not based simply on a matter of opinion. It was Hearts' belief that footage of the incident proved that Fyssas made no contact with Maloney.

It is understood that the three-man review panel, composed of a former player, former manager and former grade one referee appointed by the SFA disciplinary committee, did not entirely agree with Hearts' interpretation of the TV pictures. They felt there was minimal contact between Fyssas and Maloney but, crucially, that the Celtic striker had knocked the ball far enough in front of him before he fell to indicate he was not in fact denied an obvious goal scoring opportunity.

The review panel also considered a submission from Brines, who maintained after watching the incident again on television that he had been correct to show Fyssas a red card for what he considered a reckless challenge.

Happily for the 32-year-old former Benfica player, however, the review panel disagreed with Brines and ruled in his favour.

The new appeal procedure had already been successfully used by one club. Last month, Airdrie United lodged a claim for wrongful dismissal on behalf of their midfielder Martin Hardie, who was sent off by referee Andrew Hunter for denying Stranraer player David Hamilton an obvious goal scoring opportunity in the First Division match between the teams at Stair Park on 10 December.

In that case, however, it is understood that referee Hunter later agreed he had made an error after reviewing video evidence. On this occasion, Hearts have succeeded without any support from the match official.

It also emerged yesterday that Tony Mowbray had appealed against his six-match touchline ban. The Hibs manager is free to return to the dugout against Aberdeen, Dunfermline and Hearts before his case is discussed on 31 January.

Mowbray was handed an automatic two-match suspension, which he has now served, after being sent to the stand by referee Charlie Richmond in the 2-1 win over Motherwell last month.

However, the former Celtic defender was then told his punishment would be doubled because of a verbal encounter with fourth official Alan Boyd as he went up the tunnel. Mowbray branded the second part of the ban "absurd" and "harsh" but indicated he would not appeal, only for the SFA to admit they had made a mistake and indicate their penalty should, in fact, have been a total of six matches - an additional four for the clash with Boyd.

Mowbray said yesterday: "I have written to the SFA to pass on my views on what happened and apparently that has been interpreted as an appeal."

Taken from the Scotsman