Jake Muscat saga continues – player remains at Neptunes for now

The Jake Muscat saga appears to be continuing with a stalemate as a disciplinary board set up by the Aquatic Association of Malta decided that the player ultimately remains contractually tied to Neptunes. The tribunal’s conclusions are strikingly similar to the Dean Bugeja case which The Maltese Herald had covered extensively and exclusively.

Additionally, the news portal is informed that Muscat is not being allowed to train with the senior team and is not being advised of the training sessions.

Hereunder is a detailed analysis of the saga involving player and club.

The first board decision:

In a hearing held on May 27, the Ad-Hoc Tribunal Board of the Aquatic Sports Association (ASA) ruled that it was not competent to decide on the ongoing dispute between Neptunes WPSC and player Jake Muscat Melito, citing a procedural technicality.

The decision came after both parties — the club and the player — filed urgent requests with the ASA for a ruling on a disagreement that had escalated in recent weeks. An Ad-Hoc Tribunal, chaired by Dr. Robert Dingli and including members Bernard Vassallo and Franz Tabone, was convened at the National Pool Complex in Ta’ Qroqq.

In its ruling, the tribunal referenced Rule 35(h) of the ASA Statute, which stipulates that an Ad-Hoc Tribunal can only be constituted upon a joint request by a player and either a buying or selling club. Since this condition was not fulfilled, the tribunal deemed itself not legally empowered to rule on the matter.

The tribunal did, however, encourage both parties to continue seeking a resolution out of court and recommended that the ASA establish a more permanent and competent body to handle similar disputes in the future.

The second hearing before an ASA board

A hearing was held on the 14th June 2025 where the following persons/representatives were present:

1. Chairperson Dr. Herman Mula.
2. Board Member Mr. Kevin Azzopardi.
3. ASA General Secretary Mr. George Farruġia.
4. Mr. Matthew Bonello, President of Neptunes Waterpolo & Swimming Club.
5. Mr. Beppe Sammut, Committee Member of Neptunes Waterpolo & Swimming Club.
6. Dr. Jesmond Manicaro, Legal Representative of Neptunes Waterpolo & Swimming Club.
7. Mr. Jake Muscat Melito, Player of Neptunes Waterpolo & Swimming Club.
8. Dr. Carlos Bugeja, Legal Representative of Jake Muscat Melito.
9. Mr. Peter Bonavia San Giljan ASC President.
10. Mr. Carlo Mifsud, General Secretary, San Ġiljan ASC.

Neptunes ASC arguments

Neptunes Waterpolo & Swimming Club laid out a case for disciplinary action against player Jake Muscat Melito, citing a history of behavioral issues and off-field incidents, during testimony before the ASA’s Ad-Hoc Tribunal.

Club President Matthew Bonello led the charge, presenting a list of disciplinary issues, photos of injuries allegedly sustained in off-field altercations, and email exchanges. Bonello acknowledged Muscat Melito’s long-standing talent and contributions to the team — including support to play in Montenegro and Sicily — but insisted the player’s attitude had become untenable. He recounted incidents ranging from nightclub brawls to disrespect toward coaches, though he admitted no formal disciplinary hearings had been held.

Bonello also confirmed that despite incidents in 2022, the club had renewed Muscat Melito’s contract, and that the player was often a victim in these altercations. However, he emphasized that attending such venues was in breach of club expectations.

Teammates Matthew and Mark Castillo recounted training ground incidents, with tensions flaring between Jake and the Castillo brothers. Matthew denied threatening Jake but admitted to heated exchanges. Mark said the coach had stopped a session due to Jake’s conduct, but denied hearing any death threats.

Barracuda rooftop owner Carlo Stivala testified that the player appeared to have instigated a fight during an event at his venue, although he did not identify Jake by name.

Coach Aleksandar Ćirić stated in his email that Jake’s behavior was no longer acceptable and was disruptive to the team. While he did not directly call for disciplinary action, he backed the club’s need to act.

Despite some contradictions and a lack of formal warnings, Neptunes’ testimony painted a picture of a deteriorating relationship between club and player — one they now consider irreparable.

Plaintiff Argues Neptunes Acted Unjustly, Blocked Move to San Ġiljan

The plaintiffs representing Jake Muscat Melito argued that much of the evidence presented by Neptunes was irrelevant, insisting that this is not a disciplinary case and therefore the player did not testify.

They highlighted contradictions in the testimonies of teammates Matthew and Mark Castillo, noting the alleged incidents occurred after Neptunes had already decided to sanction the player — raising suspicions about their timing.

Central to their case was the letter sent by Neptunes instructing Muscat Melito to find another club, which they argue effectively terminated the contract. Following this, an offer was made by San Ġiljan, but the plaintiffs claimed Neptunes blocked the transfer, seemingly opposing any move to that specific club.

They also stressed that Jake’s disciplinary record was clean and that he was never given a fair hearing by the club. The plaintiffs described the club’s behavior as possessive and inconsistent with principles of sports justice.

Finally, the plaintiffs argued that once a club instructs a player to leave, they forfeit the right to claim a transfer fee, as the player has essentially been discarded.

Neptunes Warn Against Dangerous Precedent if Contract is Nullified

Neptunes Waterpolo & Swimming Club responded that this legal dispute is not something they take lightly or with any sense of satisfaction. While acknowledging Jake Muscat Melito’s talent, the club insisted that disciplinary issues cannot be overlooked.

The club argued that voiding the player’s contract, as requested by the plaintiffs, would set a dangerous precedent that could undermine the transfer system and contractual stability in Maltese aquatic sports.

Neptunes emphasized that their invitation for the player to seek another club was simply an attempt to reach an amicable solution, not a waiver of their rights to the player.

They also pointed out that the player’s complaint to the ASA was preceded by a formal disciplinary warning, issued in relation to multiple behavioural issues, notably an incident on 12th April 2025, which Neptunes considered a serious breach of the employment contract.

Neptunes actions analyzed by the board

Neptunes WPSC formally excluded Jake Muscat Melito from all senior team activities and fined him €3,000 (equivalent to one month’s salary) due to serious and repeated breaches of conduct. These included frequenting bars, alcohol consumption, and involvement in brawls, which the club said violated both his contractual obligations and the Club’s Code of Ethics.

The letter, referencing several clauses from Muscat’s employment contract, emphasized the player’s duty to maintain professional behaviour and avoid actions that damage the club’s reputation. Clause 4.5 notably states that repeated misconduct such as nightlife-related issues may justify unilateral termination of the contract.

While the club recommended the player seek another team before the summer league, they maintained that this was not a termination but a disciplinary measure aimed at upholding standards.

The tribunal board concluded that the allegations of misconduct were substantiated, although it also clarified that it had no authority to rule on disciplinary violations under ASA regulations.

Final Tribunal Findings Summary:

The Ad-Hoc Tribunal Board rejected the player’s claims of unfair dismissal and breach of contract by Neptunes. Key conclusions included:

• No right to a hearing was violated under Clause 4.16, as it applies to single incidents, whereas the club acted on repeated misconduct, which under Clause 4.5 allows unilateral termination.

• The Board found sufficient and credible evidence of repeated misconduct by the player, validating Neptunes’ disciplinary actions and excluding claims of unjust treatment.

• On the claim of being sidelined, the Board referred to similar ASA rulings (Dean Buġeja v. Neptunes, Matthias Azzopardi v. Sirens) that determined temporary exclusion from matches does not invalidate a contract or amount to harassment.

• The invitation by the club for the player to find a new team did not amount to termination, but rather a natural step in situations where the club believes a parting of ways is in everyone’s best interest.

Conclusion: The Tribunal found no evidence of contract vitiation, no unfair dismissal, and no violation of the player’s rights under the existing employment terms.

Tribunal Decision Summary

Following extensive hearings, the Aquatic Sports Association’s Ad-Hoc Tribunal has ruled as follows:

1. Contract Still Valid
   The Tribunal confirmed that Jake Muscat remains contractually bound to Neptunes WSC. He is not released unconditionally, and any potential transfer would still require agreement on fees or compensation.

2. San Ġiljan ASC Not Involved
   The Tribunal clarified that San Ġiljan ASC currently has no valid contractual relationship with the player. The transfer conditions, if any, are solely between Neptunes and the player.

3. €3,000 Fine Nullified
   The fine imposed by Neptunes—equivalent to one month’s salary (€3,000)—was declared null and void, and Neptunes must reimburse the player.

4. Training & Benefits Reinstated
   Until a transfer agreement is reached, Neptunes must reintegrate Jake Muscat into the senior team, calling him for training and ensuring he receives all benefits like any other registered player.