Spain: Jesús de Miguel dies – what could Jesús Owono face in court

Following the death of Jesús de Miguel after a collision with goalkeeper Jesús Owono during the Tenerife vs Andorra match, a law professor has outlined the possible sporting and criminal sanctions the Equatorial Guinean could face.

Last Monday, the match between Tenerife and Andorra at the Estadio Heliodoro Rodríguez López, part of the 12th round of Spain's Segunda División, ended in tragedy. The incident followed a heavy challenge by goalkeeper Jesús Owono, who collided violently with striker Jesús de Miguel. The latter suffered a cardiorespiratory arrest and was resuscitated in the ambulance.

Although he was transferred to Nuestra Señora de Candelaria Hospital, the Spaniard's neurological condition deteriorated during the night of Tuesday 3 November, and he died at around 9 am (Paris time).

What could Owono face?

To gain a better understanding of the consequences facing the goalkeeper, Brazilian media outlet Trivela spoke to lawyer Renan Gandolfi, a professor of criminal law. According to Gandolfi, opening an investigation is standard procedure in cases involving a violent death, but it does not mean that an offence has been established. Owono could theoretically face criminal proceedings, but this is not automatic, as the facts must first be referred to a judge, who will determine whether there is sufficient evidence of a criminal offence.

The first stage of the judicial investigation will be to establish precisely what happened, with input from the forensic doctor, through "expert assessments and the collection of video footage, clinical reports and testimonies from the referee, players and medical staff". The autopsy results will determine the medical causal link between the violent collision with the Equatorial Guinean goalkeeper and the Spanish striker's cardiorespiratory arrest.

"Football is a contact sport, and athletes accept the risks inherent in competition. However, this does not justify all forms of behaviour, nor does it rule out liability when the permitted level of risk is exceeded," the lawyer explained.

Are sanctions on the way?

On the sporting front, Owono is expected to face disciplinary proceedings from the Royal Spanish Football Federation (RFEF) for dangerous play or violent conduct. Article 102 provides for a suspension of between one and 12 matches for players involved in violent conduct towards an opponent, with the disciplinary body determining the final sanction. He is likely to receive the maximum suspension.

If the investigating judge finds sufficient evidence of a criminal offence and the public prosecutor brings charges of involuntary manslaughter, the Andorra goalkeeper could be tried under Article 142 of the Spanish Criminal Code. A conviction for less serious negligent homicide carries a fine equivalent to three to 18 months, while a conviction for grossly negligent homicide carries a prison sentence of between one and four years.

Joshua SOSSOU

Editorfr, en, ar

As a sports fan, and particularly a football fan, I've been putting my writing talent to good use for a number of years now to promote African talent and the continent's football in general. On Foot Africa, enjoy reading each of my lines.

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