Following new evidence that has come to light, and in the context of the continuing scandal affecting the Swiss prosecution system, beIN Media Group Chairman Nasser al-Khelaifi has requested the recusal of the federal prosecutors in charge of his final technical and flawed Swiss case, while also filing a criminal complaint.
Over recent weeks, the impartiality, propriety and credibility of the Swiss Office of the Attorney General has been thrown into major question as it has been revealed that the lead prosecutor in Switzerland, Attorney General (AG) Michael Lauber, had been sanctioned by its supervisory authority for lying and various breaches of conduct in connection with the conduct of the various FIFA-related cases, prompting major new counteractions by Nasser al-Khelaifi.
Attorney-General Lauber had already been recused from al-Khelaifi’s file last June due to questions of partiality — a decision that was upheld by the Swiss Supreme Court this month.
However, the recent announcement by the seven-member supervisory authority of the Federal Prosecutor’s Office revealed new facts and has prompted al-Khelaifi to request the recusal of the other federal prosecutors in charge of his case.
In addition, al-Khelaifi has also filed a criminal complaint after confidential information pertaining to the file was
repeatedly leaked.
A criminal investigation for suspicion of breach of official secrecy has been opened against unknown and, for obvious conflict of interest issues, assigned to an extraordinary prosecutor outside of the Office of the
Attorney General.
It is currently pending.
In February 2020, after an exhaustive three-year investigation by Swiss authorities, all charges of bribery against al-Khelaifi – which were in connection with media rights for the 2026 and 2030 World Cups – were definitively and
conclusively dropped.
While a secondary technical charge remains outstanding, this charge was suddenly created by the Public Prosecutor in December (some three years after the original charge), when it became clear that the primary case was flawed.
Not only has al-Khelaifi not been afforded a full right of reply to this secondary charge, but the charge is manifestly artificial and lacks any basis in law or fact.
Commenting on the developments, lawyers representing al-Khelaifi said, “There appears to be a recurring theme regarding the Swiss prosecution’s cases, and our client’s case is no different.
“As we have said from day one, the prosecution’s recently-submitted secondary charge is manifestly artificial and lacks basis in law or fact.
“While hearing dates have recently been earmarked, our client’s position has not changed in any way – this secondary case is completely unfounded, just like the primary case which was dropped.
“Further, and in the context of the findings against the Swiss Attorney General of lying and breach of conduct, we have requested the recusal of the prosecutors and also filed a criminal complaint in relation to the leaks – making it uncertain whether the case will proceed at all.”
beIN Media Group Chairman Nasser al-Khelaifi.