Players’ union PFA Scotland has called for the frivolous appeal punishment to be scrapped in the wake of the Graeme Shinnie case, saying many of its members have “lost faith” in the disciplinary system.
Aberdeen were “shocked” when their appeal against Shinnie’s red card against Ross County was thrown out and his ban extended from three to four games by a Scottish FA tribunal.
It can do so if it thinks an appeal has no prospect of success, is a delaying tactic, or is frivolous.
Aberdeen described the outcome as “not only insulting to the club but grossly unfair and entirely untrue” as they asked the SFA to “urgently review our appeal with a new panel”.
PFA Scotland has backed that request and says it is “deeply concerned about the discretionary power of the judicial panel” to extend suspensions.
Its statement added: “We feel the aim of this rule, and the appeal fee a club/player must pay, is to discourage players from actually appealing.
“This is of course very wrong and offends fairness and natural justice, nevertheless the Scottish FA may get its wish. Many of our members have lost faith in a system.
“Whatever the opinion of the incident, it is exactly that, a matter of opinion not a question of fact.
“We call for the Scottish FA to take urgent action to remove the option to add an extra game from its rules, respect a player’s right to appeal and review the process of dealing with appeals from those whose employment is affected.”
Referee Euan Anderson had been called to the pitch-side monitor by VAR officials to review Shinnie’s tackle on County defender Jack Baldwin on Friday and, after reviewing the evidence, sent off the 31-year-old.
“We eventually decided to appeal in the belief that it had merit and a chance of success after watching the footage numerous times, listening to the various professional pundits on the matter and discussing it with the player and the manager,” Aberdeen said.
“In setting out our appeal, we also reviewed similar tackles in the Scottish Premiership in the last six months where at least two players who have unintentionally caught an opponent in the follow through of a tackle and were red-carded after VAR reviews have had their ban overturned on appeal and their suspensions quashed.
“Each appeal is heard on its own merits, which means that no prior case/appeal decisions are considered.
“The legal system for hundreds of years has used and relied upon prior cases as evidence. We believe that the omission of these key prior appeal findings will continue to affect consistency of decision-making.”
The game in Dingwall was Shinnie’s first back from suspension, the midfielder having been sent off for the first time in his career for two yellow card offences in the win over St Johnstone earlier this month.
Former top referee Stuart Dougal told BBC Scotland’s The VARdict: “There is enough in that challenge, if the referee has not seen it, to merit getting the referee across to look at it again.
“If I was refereeing that game, that’s a red card all day long. For those who don’t think it is a red card all day long, they have to move with the times.”
