San Martín es finalista y juega este domingo en el Antonio Romero

final

Resolución del Consejo Federal acerca del partido disputado entre  Ferrocarril Oeste de Gral. Pico Vs. San Martín (Suspendido) tras la cual resulta finalista San Martín.

EXPEDIENTE Nº 2134/13 – TORNEO ARGENTINO “B” 2012/13

Partido del 16/06/13 – Ferro Carril Oeste (Gral. Pico) Vs. San Martín (Formosa).-

Buenos Aires, 18 de junio de 2013.

AUTOS y VISTOS:

1°) El informe efectuado por el árbitro del partido , mediante el cual nos hace saber. “…A los 45 minutos de juego. Luego de que el arquero visitante cae al piso acusando un impacto de rollo de papel cosa que no observo es cuando el jugador Nº 7 Sr. Hermida Emanuel del Club (Ferrocarril Oeste) DNI: 33.132.708 se acerca al arquero queriéndolo incorporar, en la cual observo que dicho jugador Nº 7 aplica un golpe al jugador adversario Nº 2 que intenta que deje a su arquero y observo que el jugador Nº 2 cae al piso, es cuando también se aproxima el (capitán) del equipo visitante Nº 3 Sr. Franco R. Agustín DNI: 32.754.144 y le aplica un golpe de atrás en la nuca al jugador Nº 7 antes mencionado una vez que pasas un tiempo de 17 minutos que estuvo detenido el encuentro para que atiendan al jugador Nº 2 quien tenia sangre en su rostro, y que los ánimos 2 se calmaran, procedo a las expulsiones del jugador Nº 7 local y jugadores Nº 3 (capitán) de la visita y continuo con los 3 minutos que había marcado para el descuento una vez finalizado el primer tiempo ambos equipos se dirigen a zona de vestuarios y es ahí donde se produce un enfrentamiento “gravísimo” entre los equipos sin poder divisar quien comenzó la agresión debido a que nos encontra a unos 50 metros. De lo sucedido estando en el centro del campo de juego, con custodia policial y escudos que nos impedían la visión y no dejando que nos arrimemos a dicha zona de conflicto, por seguridad nuestra. Una vez dentro de nuestro vestuario al cual demoramos 10` minutos en hacerlo se hace presente el coordinador del operativo policial Sr Rene Bossio, quien nos dice lo siguiente para ustedes cuatro la seguridad esta garantizada y luego de deliberada y viendo que estaba en riesgo la integridad física de ambos equipos y del espectáculo, doy por finalizado el encuentro. Aclaro que los expulsados y amonestados atrás son los que tenia al finalizar el primer tiempo y que cuando digo enfrentamiento “gravísimo” es que observo patadas, trompadas, botellas de agua que volaban era una batalla campal…” (sic).-

2°) El Tribunal dio traslado del informe arbitral a los clubes Ferro Carril Oeste de Gral. Pico de La Pampa y San Martín de Formosa. En sus respectivas defensas los clubes manifestaron:

3°) Tiene dicho el Tribunal que los informes confeccionados por los árbitros constituyen semiplena prueba de lo que en ellos se consigna y que solamente puede desacreditarse dicho valor con el aporte de prueba directa en contrario.-

Con relación al informe del Club Ferrocarril Oeste de Gral. Pico (La Pampa), su nota de fs. 8/9bis no cumple con el requisito formal de estar suscripta por el presidente y secretario de la institución (art. 8 del R. T. P), por lo cual no puede ser tenido en cuenta.

El Club Sportivo Gral. San Martín (de Formosa), por su lado, pondera en su descargo –luego de un relato pormenorizado de los hechos – que sufrieron de la parcialidad local todo tipo de actos violentos, verbales y físicos; a punto tal, que debieron alojarse en la ciudad de Santa Rosa, distante a 150 km.

Menciona, además, que arrojaron elementos de pirotecnia en el ingreso al campo de juego y que, durante el encuentro, tiraron “objetos contundentes”, que lesionaron al arquero visitante. De allí en más, señala, que se generaron sucesiva y mutuamente agresiones entre los jugadores de ambos equipos, expulsiones del DT local y jugadores, tal como lo informa el árbitro del partido. Inclusive indica que, finalizado el entretiempo, éste suspende el cotejo ya que el encargado de la seguridad no le garantiza su desarrollo.

Los clubes participantes no sólo que no aportaron prueba directa, sino que no han podido desvirtuar lo denunciado por el árbitro.

Además, se encuentra agregado al legajo el informe del veedor que coincidentemente con lo denunciado por el juez, señala que existió una agresión recíproca entre los integrantes de los dos equipos, los que no pudieron ser identificados por la distancia en las que permanecían las autoridades arbitrales.

El art. 106 del R.T.P. establece que corresponde la pérdida de partido, cuando el árbitro lo suspenda por alguno de los siguientes motivos:

g) Cuando se produzca desorden o agresión en la cancha o promovido por jugador o integrante del personal técnico de uno o de los dos equipos.

En los casos en que un partido no pudiera iniciarse o tuviera que ser suspendido por el árbitro por infracciones que reprimen los arts. 80 y 81 de este Reglamento, el Tribunal como pena accesoria podrá declarar perdido 3 el partido al equipo del club responsable o a los dos equipos si concurriera culpa de ambos.

Los incidentes denunciados y producidos durante el partido, y luego en el entretiempo, dentro del campo de juego son  responsabilidad de ambos planteles de jugadores y cuerpos técnicos.-

La violencia que generaron los jugadores entre sí, fue la causa por la cual el partido no pudo continuar pues la policía no dio seguridad a tanta violencia.-

Esta manera de dirimir las diferencias entre los jugadores, debe ser castigada con la misma sanción que se aplica a la violencia que promueven los simpatizantes.

Los jugadores, además, son los que en este caso trasmitieron violencia desde dentro del campo de juego.-

Sin perjuicio que no ha podido individualizar el árbitro a los jugadores que participaron en los hechos no cabe duda que son parte de los planteles y que se puede penalizar al equipo aunque no pueda sancionarse individualmente a cada uno de los agresores, y ello sí puede aparecer injusto más no arbitrario.

Es por ello que el partido debe darse por concluido y perdido a ambos equipos por existir responsabilidad concurrente de los jugadores de cada uno de los clubes (arts. 32, 33, 106 n y último apartado.).-

Por ello el Tribunal

RESUELVE:

1°) DAR POR CONCLUIDO Y PERDIDO EL PARTIDO A LOS CLUBES FERRO CARRIL OESTE DE GRAL. PICO Y SAN MARTÍN (FORMOSA).

2°) REGISTRAR EL SIGUIENTE RESULTADO: FERRO CARRIL OESTE DE GRAL. PICO 1- SAN MARTÍN (FORMOSA) 0 – SAN MARTÍN

(FORMOSA) 1- FERRO CARRIL OESTE DE GRAL. PICO 0. (ART. 152 DEL R.T.P.).-

3°) PUBLÍQUESE, NOTIFÍQUESE y ARCHIVESE.-

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