CABMMA changes result of Dober vs. Silva to NC

UFC Fight Night 62 in Rio de Janeiro was terrific, with nine of twelve fights end inside the distance. It was marred however by what many called the worst ref call in UFC history. Drew Dober was working his way out of an arm-in guillotine from top Half Guard, when referee Eduardo Herdy inexplicably stopped the fight, saying the thought Dober was out, and awarded the victory to Leandro Silva.

Earlier in the night, Herdy suffered the opposite problem, missing as a fighter in a choke tapped again and again and again and again.

In an initial statement, the regulating body in Brazil, Comissão Atlética Brasileira de MMA (CABMMA) said they could not declare the decision a No Contest.

There is no action CABMMA can take at this time, and the result will be maintained, said chief operating officer Cristiano Sampaio, citing their adherence to the Unified Rules as interpreted by the Nevada State Athletic Commission. Campaio said a result could only be changed if there was a math error, or collusion, of if the referee did not understand the rules. 

However, New Jersey State Athletic Control Board counsel Nick Lembo, NJSACB commissioner Larry Hazzard, and California State Athletic Commission Executive Director Andy Foster all indicated that in their state there was in fact more that could be done than nothing.

Now word comes that Sampaio has reversed the decision, and the bout has been declared a No Contest.

The Brazilian MMA Athletic Commission (CABMMA) has done a relevant research and analysis of precedents involving government and independent regulatory bodies to decide on how to proceed in Leandro Silva-Andrew Dober ?s case. There was no international jurisprudence found and record of overturned result based on an incorrect judgment call of the referee, when specifically not related to misinterpretation of the rule.

After receiving a detailed technical report from Mr. Eduardo Herdy, referee in charge of the bout mentioned in the case, which in the end clearly states that his stoppage was to preserve the fighter ?s integrity, being that his highest responsibility when it comes to the duty of a referee, he has admitted his professional mistake and is willingly in favor to forgo his authority in the bout.

Due to the factors involved and after receiving Mr. Andrew Dober ?s formal appeal, CABMMA has defined a fourth provision regarding the change of decision after contest or exhibition, which follows below.”The Executive Committee may, on an exceptional basis, revert a decision to “no contest” if it determines that a good faith judgment call of a referee was mistaken and therefore considered a self-evident error. Such decision may be taken provided (i) an appeal is filed with the commission within 72 hours of the relevant bout, (ii) the appeal is accompanied by a video (or link thereto) of the bout showing the challenged judgment call, (iii) upon request by the Executive Committee, the relevant referee presents a written justification of his judgment call and (iv) after analysis of the relevant video and justification , the Executive Committee determines that the judgment call was in good faith but considered a self-evident error.”

In addition, based on the success of the New Jersey State Athletic Commission and its resource to help prevent similar cases by the usage of instant reply, CABMMA will study the possibilities of using this same resource in future events where promoters have the infrastructure to provide so. New protocols are, as of this moment, being analyzed with the purpose of identifying such palpable errors during the events. It is important to state that Mr. Larry Hazzard, Sr. (Commissioner) has shown CABMMA a new perspective of conducting events in Brazil, creating a safer and fairer environment for MMA.

Regarding Mr. Eduardo Herdy, CABMMA is thankful for his professionalism in recognizing this error, helping the entity evolve in its regulatory affairs in Brazil by seeking the development of higher standards and demonstrating his commitment as an official referee of the sport.

Consequently, after reviewing the case, the Executive Committee presided by Mr. Rafael Favetti (Chairman & CEO) and Mr. Cristiano Sampaio (COO), has decided to overturn the result of Leandro Silva vs. Andrew Dober bout and is officially determining it as a NO CONTEST.

CABMMA has changed their rules to allow such overrides going forward.

The Executive Committee may, on an exceptional basis, revert a decision to no contest if it determines that a good faith judgment call of a referee was mistaken and therefore considered a self-evident error. Such decision may be taken provided (i) an appeal is filed with the commission within 72 hours of the relevant bout, (ii) the appeal is accompanied by a video (or link thereto) of the bout showing the challenged judgment call, (iii) upon request by the Executive Committee, the relevant referee presents a written justification of his judgment call and (iv) after analysis of the relevant video and justification, the Executive Committee determines that the judgment call was in good faith but considered a self-evident error.

Text courtesy of Combat Sports Law.

The UFC already gave Dober his win money. The only other thing they can do is hold a rematch, regardless of the final decision.

Lastly, it is crucial that a fight referee be able to tell that that a fighter is tapping, which Herdy missed, and it is crucial that a fight referee be able to tell when a fighter is conscious and not tapping, which Herdy missed. Being a fight ref is the most thankless role in the field. Human beings make mistakes and always will. but whatever process CABMMA has for the training and certification of refs, Eduardo Herdy should go through it again.