FAI rule Waterford appeal against Finn Harps defeat 'out of order' as Harps lumped with five-figure legal bill
Shane McEleney had been cleared to the play in the decisive game by the FAI and this decision has been reaffirmed by the Disciplinary Control Unit. Credit: Clare McCahill (ETPhotos)
The FAI have dismissed an appeal from Waterford against the outcome of last month’s Premier Division defeat to Finn Harps as ‘out of order.’
Harps’ 1-0 win at Finn Park saw the Donegal side secure Premier Division football while Waterford missed out on a top three finish and European football next year.
The ruling brings an official end to the 2020 season and confirms Sligo Rovers' place in Europe, the relegation of Shelbourne and Longford Town's promotion.
Defender Shane McEleney had been cleared to play the game ahead of kick-off in spite of a one-game suspension hanging over him for accumulated yellow cards.
The suspension would ordinarily have kicked in on Monday, the day of the game, but as the ties had originally been scheduled for the previous day the suspension was applied from Tuesday.
Waterford, whose defeat would see them finish fifth behind Sligo Rovers, saw their official complaint against the result denied and they opted to take further action.
Extratime.com understands that Haps, who never faced any accusation of wrongdoing, were made party to the action and had no option but to hire a barrister at a cost in excess of €10,000.
It’s not entirely clear on what grounds Harps were obliged to be party to an internal dispute between Waterford and the FAI Disciplinary Control Unit.
“The Appeals Committee of the Football Association of Ireland has ruled an appeal by Waterford FC against the Disciplinary Control Unit of the FAI and Finn Harps out of order as per the FAI Rulebook,” read a short statement.
“All parties to the appeal have been notified of this decision.”
Waterford retain the option to take the case to arbitration should they choose not to accept the latest decision.
This was the course taken by Cabinteely last month, when the reversal of a decision to award a walkover for their away draw to Wexford saw them miss out on a play-off spot.
The south-east club were ultimately vindicated by the decision of an independent arbitrator chosen by the FAI at a hearing in Dublin.
