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Harmon refuses to pay $50k fine after appeal against football ban ‘dismissed’

Saturday 31 August 2024 | Written by Rashneel Kumar | Published in Football, Sports

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Harmon refuses to pay $50k fine after  appeal against football ban ‘dismissed’
Former Cook Islands Football Association president Lee Harmon. 24083003

The worldwide ban on all football-related activities imposed on former Cook Islands Football Association president Lee Harmon will continue to apply past its date of expiry until the fine and costs of over $100,000 are paid in full.

This follows the Court of Arbitration of Sport (CAS) last week dismissing an appeal brought by Harmon against the Oceania Football Confederation (OFC) Appeal Committee decision, the regional football body said in a statement on Wednesday.

According to OFC, its Appeal Committee found Harmon had breached the OFC Code of Ethics on three occasions, namely breaches of Articles 13 (General rules of conduct), 15 (Loyalty), 20 (Offering and accepting gifts and other benefits), and 21 (bribery and corruption). 

The OFC judicial bodies (Disciplinary and Ethics Committee and Appeal Committee) have been responsible for investigating and deciding on breaches of the OFC Code of Ethics. The bodies composed of legally qualified independent members, the statement said.

In light of the above findings, on May 21, 2024, the OFC Appeal Committee issued a decision imposing a five-year ban on Harmon from taking part in any kind of football related activity at the national, regional, and international level (administrative, sports or any other) for the period of the ban commencing August 23, 2021.

He was also fined the sum of NZ$50,000 payable to the Oceania Football Confederation (OFC).

“Furthermore, Mr Harmon shall pay to OFC the costs and expenses of the OFC investigation and adjudicatory proceedings in the sum of NZ$40,910.16 as well as costs incurred for the appeal proceedings in the sum of NZ$17,000,” the statement said.

“The ban on Mr Harmon shall continue to apply past its date of expiry until the above fine and the costs are paid in full to OFC.”

The statement also said as a result of the above mentioned decision, FIFA have extended the ban imposed on Harmon to have effect worldwide across all football-related activities.

“This ban will remain in place for the period imposed by the OFC Appeal Committee and continue to apply until the fine and costs are paid in full.”

Harmon, former vice-president of OFC and a member of the powerful FIFA Council, has labelled the statement from the OFC as “purely politics”.

He claimed that the hearing at CAS did not take place “due to a technicality” and “decision by CAS is not final”.

“The hearing at CAS did not take place at all due to a technicality with the late filing of additional documents by my legal counsel,” said Harmon, who served as the CIFA president for over 20 years, first elected in 1997.

“I asked OFC for an extension in time but this was not allowed.

“Last time I took OFC to CAS I won. They even lost in the New Zealand High Court and also when I appealed to the OFC Appeal Committee. Surprisingly no media release from OFC on that occasion.

“It’s unbelievable, I’m sure if the hearing went ahead at CAS, I’m certain I will win and I won’t be surprised if they create another case against me like they have done in the past. The decision by CAS is not final as we can still appeal to the Swiss Courts.”

Harmon also said that he would not pay the fine of $50,000 until OFC pays him.

“OFC still owes me $110,000 of executive allowance which was equivalent to the original fine imposed on him. I will not pay the fine of $50,000 until they pay me. Rules are supposed to be applied both ways not one way,” he said.

“If one asks OFC, who did I bribe, I can confirm to you now, they will never be able to answer that question because I did not bribe anyone.

“Did you know there were eight (8) initial allegations against me and this went down to five and now only two and half allegations.

“I’m not sure why as the former president of CIFA and the Cook Islands being OFC’s smallest member, they have a real problem with me. It was done in a way that hopefully I don’t challenge it to keep me out of the game.

“All I can say is, this is purely politics and is all about keeping their jobs as senior staff at OFC.”

In response to Harmon’s statement, OFC said: “OFC respects the decision of the Court of Arbitration of Sport. OFC notes that since 2018, significant governance reform has taken place to ensure good governance principles are embedded throughout OFC. This includes establishing independent OFC Judicial Bodies separate from the OFC General Secretariat and composed of Independent legally qualified Members wholly responsible for determining decisions relating to breaches of the OFC Code of Ethics.”

In 2019, Harmon was banned by the international body Fifa for three months and fined about $30,000 for scalping tickets to 2018 Fifa World Cup games in Russia.

He was subsequently banned by the OFC for six years and fined $110,000 for different charges of bribery and corruption, accepting gifts and conflicts of interest. However, after an appeal, the sanctions were reduced to five years from August 23, 2021, $50,000 fine and $17,000 costs to OFC.