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When the fulltime whistle sounded at Allianz Stadium last Tuesday night, Mark Bresciano would have been the only Socceroo not to be elated.
A 1-0 win over Costa Rica was an ideal result to see out 2013. But for the 62 minutes he was on the pitch, Bresciano was able to escape reality – and what a grim one it seems to be at present.
That whistle brought everything crashing back down.
The midfielder returned to Qatar to face the music, as he deals with a four-month ban and significant fine from FIFA for allegedly breaking his Al Nasr contract by joining current club Al-Gharafa.
Bresciano’s agent, Iemsagam Abdallah, revealed on Monday that legal action is a real possibility, with Al-Gharafa adamant there was a buyout clause in the 33-year-old’s Al Nasr deal.
If Bresciano accepts defeat and cops the suspension, he could be able to return for Australia’s international friendly in March.
If his appeal is unsuccessful, the ban will begin from whenever the final court decision is delivered, which could mean it rubs him out of contention for the Brazil World Cup.
There is a small chance Bresciano could get his way and be available to return to competitive action, but precedents suggest he will have a difficult time pleading his case.
In June 2004, Philippe Mexes joined Roma from French side Auxerre. Later that year, he was suspended for illegalities surrounding his transfer.
Although the ban was temporarily lifted while Roma made an appeal, the defender had no luck in reducing his sentence and was forced to face six weeks on the sidelines from February 2005.
In February 2008, Essam El Hadary made a controversial move from Egyptian club Al Ahly to Swiss outfit FC Sion.
El Hadary’s camp consulted the Court of Arbitation of Sport to dispute the four month ban and US$1.25 million transfer fee due to Al Ahly, resulting in the suspension being lifted until the court made their final decision.
As in the case of Mexes, El Hadary had no luck and was eventually ordered to serve four months off the pitch at the beginning of the 2009-10 season.
Chelsea’s signing of promising youngster Gael Kakuta from Lens in 2007 carried just as much controversy, with the French club accusing the Blues of illegally poaching Kakuta from their ranks.
At the time, Lens chairman Gervais Martel had a scathing review for Chelsea’s transfer policy. He told the Guardian: “They stole the boy off us when he was 16… Unfortunately, 95 times out of 100, it’s the English clubs who come and help themselves.”
Of course, Chelsea fought the transfer ban they received as well as the four-month suspension and the approximate $1.2 million fine handed to Kakuta.
Chelsea eventually conceded the blame – something Bresciano’s representatives don’t look likely to do – and had all sanctions lifted, after paying some compensation due to the fact Kakuta was adjudged not to have signed a valid contract with Lens.
Unfortunately, Kakuta’s let off provides little hope for Bresciano.
He had a professional contract with Al Nasr – reportedly with a release clause which may be a saving grace of sorts – but is unlikely to find a strong enough caveat akin to that which saw the Frenchman escape punishment.
As any player would, Bresciano is itching to return to action as soon as possible and it is important his judgement is not clouded by a fear of being ostracised from the national team.
His predicament would surely have been a topic discussed with Ange Postecoglou during last week’s camp and the Socceroos boss would have done well to convince Bresciano his World Cup hopes will be greater served if he opts to cop the ban on his chin and focus on maintaining fitness until March.
There is plenty at stake for Al-Gharafa, Bresciano and his representatives as one of Australia’s greatest servants makes a potentially career-changing decision, otherwise the journey of a genius could turn into the road less travelled.
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