LAWYER SIBILIO: THE NEED OF A REFORM OF THE CODE OF SPORT JUSTICE

After launching a debate on the Italian horse racing scene, ‘Grande Ippica Italiana’ wants to deal with another particularly topical issue: sports justice.
A few days ago the news broke that the Disciplinary Commission within the Masaf (Italian Trotting Association) had denied the ‘stay of execution’ to some trotting professionals, including Andrea Buzzitta, Enrico Bellei and Cosimo Cangelosi in relation to some open disciplinary proceedings. This is quite a new development compared to the trend of the previous months. We therefore wanted to hear the opinion of Giovanni Sibilio, lawyer and, among other things, defender of several professionals in the various proceedings underway.

Lawyer, what do you think of the latest measures taken by the Disciplinary Commission?
"The measures taken by the commissions must always be accepted and respected, therefore we take note of the failure to grant the suspension and confidently await the trial on the merits.
Beyond individual positions and individual measures, however, I believe the time has come to reflect on the current state of certain regulations and the need to urgently reform the rules of the code of procedure.
In my humble opinion, the general principle should be that of a certain penalty to be served at the outcome of the disciplinary proceedings.
As the procedural code is currently structured and written, in many cases it is possible to arrive at a final sentence when the sanction imposed has already almost been completely served.
Granting a stay of execution does not mean evading or avoiding the sanction.

What, then, could be the ‘modus operandi’?
"We have to make a choice: either we start the maximum procedure within 7/10 days from the imposition of the sanction or, as I believe is more fair and desirable also in terms of time, we grant the suspension and impose the penalty at the outcome of the procedure.
On this point, I believe that the expertise of the committee members could be used to make a substantial change to the code of procedure, which can no longer wait.
The current code, for example, does not provide for the possibility of alternative trials or incidental appeals.
I hope that, in a short time, changes will be made that can improve the quality of everyone's work."
 

In thanking Mr Sibilio for his contribution, and obviously leaving the door open for other interventions, it should however be pointed out, on the institutional side, that to tell the truth, the General Management for horse racing has already started a process of complete renewal of the entire sector of sports justice in the horse racing sector, also as a result of having created an office (the DIPP 2 office, ed.) specifically dedicated to litigation and sports justice.
Among the activities planned for 2025, the updating of disciplinary rules is already underway, as well as the updating of regulations, which is now at an advanced stage of development.