Объснение Джорджа Йеролимпоса по поводу судебных решений
17 октября к нам поступило письмо от бывшего генерального секретаря Всемирной и Европейской Федерации каратэ Джорджа Йеролимпоса. в нем он рассказывает о своих мотивах подачи в суд на Всемирную Федерацию и о том, что на этом не заканчивается его противостояние, а в ближайшее время будет еще одно решение Европейского суда, его могут восстановить в должности Генерального Секретаря и он даже может стать делегатом Конгресса в Бремене.
Приводим полный вариант письма на языке оригинала
Dear friends and colleagues,
I am sure that by now everyone knows that the CAS with an Award issued on 6 October 2014 accepted my first appeal against the WKF and cancelled the illegal suspension that was imposed upon me by the WKF in the first disciplinary case.
In spite of the above, it is striking and telling that Mr. Espinos with an email he sent to all EC members and to some national federations last week, tried to "advertise" the CAS Award as some kind of personal victory over me! This is certainly not the truth, but is certainly useful so that all of you can understand what Mr. Espinos' true motives are for the WKF actions against me during the last 14 months.
As a matter of fact, contrary to Mr. Espinos' email, the CAS Award of 6 October 2014:
1. DOES NOT acknowledge any kind of unacceptable behaviour of mine;
2. DOES NOT ratify my revocation from WKF Secretary General; and,
3. DOES NOT "conclude" that I was trying to provoke a coup within the WKF.
The truth is that I won the appeal not because of some "legal technical reason" as Mr. Espinos writes, but because what I did (sending the emails of August 2013 requesting the financial details of the campaign and explanations as to the management of the campaign) was not a disciplinary violation, was not contrary to the WKF rules and could not be sanctioned with any punishment at all as the CAS Panel could identify no disciplinary offence on my part.
More importantly, this means that I have already served a sanction of 6 months for no reason. Mr. Espinos clearly abused his powers in an attempt to eliminate me as he perceived me to be political rival. There is no way to undo what has been done and to remedy the suspension that was unduly served but I find great satisfaction in the fact that the truth has been uncovered and justice restored.
In particular, I note some direct quotes from the CAS Award, which in fact was made publicly accessible today in the CAS website
(http://www.tas-cas.org/d2wfiles/document/7817/5048/0/Award_3516.pdf), so that you can make your own conclusions on the true content of the Award:
The CAS Panel accepted that my requests and complaints from the WKF President with the emails of August 2013 were justified
88. The Panel is not disposed to accept that Mr Yerolimpos letter of 1 August and the complaints it made, were devoid of any conceivable foundation. It would have been folly for Mr Yerolimpos to make allegations about absence of information that could be swiftly rebutted [...]
88. [...] it is not without interest that Mr Espinos chose not to seek to rebut them but rather to act against their author [...] Mr Dinsdale confirmed to us that he, although he the Treasurer, had never been shown the primary contractual material relating to Enfoque until the EB meeting of 25 August 2013 [...] Mr Dinsdale also accepted that he had been unable to respond to Mr Yerolimpos post-Jakarta questions
91. Ιn the Panel's judgment, Mr Espinos simply liked to have things his own way and keep his cards close to his chest
The CAS Panel accepted that Mr Espinos' true motives were his personal interests and calculations
89. In summary it is the Panel's impression that Mr Espinos too readily identified the interests of the Federation with his own. Moreover he had a praetorian guard of key supporters ...
101. The Panel has little doubt that as from 1st August 2013 Mr Espinos was indeed determined to rid himself of a potential rival [...]
124. [...] suffice to say, that while on its face the Appeal Tribunal have ploughed a middle course between expulsion and reprimand, in fact the 6 months was carefully calibrated to prevent Mr Yerolimpos from attending a Congress where he might further have ventilated his objections to the way the WKF was run
The CAS Panel accepted that no disciplinary violation was committed from my part
108. [...] The Panel accepts that the rules of the sport should not be narrowly construed to refer only to the rules of karate itself, but can be taken to refer to any of the rules listed in no less than 12 Categories in the WKF Rules, Regulations and Conditions. However Counsel for the WKF was unable to locate any rule within that list which could relate to the conduct with which Mr Yerolimpos was charged, not could the Panel in its own researches
126. In the light of the fact that the Panel does not identify a relevant offence embracing the conduct with which Mr Yerolimpos was charged, the WKF Appeal Tribunal decision of 6 February 2014 (6 months suspension) must be set aside.
Apart from that, please be informed that a second appeal of mine is pending before CAS against a separate suspension imposed upon me by the WKF. A positive CAS decision in that second appeal is expected soon, which would allow me to participate in the WKF EC elections of 4 November in Bremen.
I remain at your disposal and I will be happy to provide you with any additional information on this matter.
George Yerolimpos