Swiss court removes federal prosecutor from Infantino case

Special Federal Prosecutor Stefan Keller Keystone / Urs Flueeler

Switzerland’s special prosecutor Stefan Keller, who was investigating FIFA President Gianni Infantino’s undocumented meetings with Switzerland’s former attorney general, has been withdrawn from the case.

The Federal Criminal Court has approved Infantino’s request for Keller’s recusal in a legally binding ruling published on Wednesday. It found that Keller’s comments in press releasesExternal link in 2020 and 2021 were sufficient grounds for the recusal.

“The Appeals Chamber of the Federal Criminal Court has found […] Stefan Keller has given grounds for recusal in the criminal proceedings against the President of FIFA Gianni Infantino by his media releases of December 10, 2020, February 10, March 8 and 11, 2021, as well as by a statement in a legal journal,” the court said in a statementExternal link.

Keller’s press releases were not “an objective communication of important interim steps in the pre-trial proceedings, but rather one-sided reporting”, it said.

The Federal Criminal Court did not rule on a request to annul the procedural steps taken so far.

Wednesday’s ruling ends a running legal battle between Infantino and Keller, who in July opened criminal proceedings over meetings Infantino and former top prosecutor Michael Lauber held while Lauber’s office was investigating alleged corruption in world football.

Infantino’s legal team has repeatedly denied any wrongdoing. It has also questioned Keller’s handling of the case and his impartiality.

In his investigation, Keller concluded that there were indications of criminal conduct in relation to undisclosed meetings between Lauber, Infantino and Valais public prosecutor Rinaldo Arnold in 2016 and 2017. This raises allegations of abuse of public office, breach of official secrecy, assisting offenders and incitement to these acts.

Lauber resigned last July after a federal court said he had breached his official duties and lied to investigators on the FIFA case. He denied lying or unlawful conduct.

FIFA said it welcoimed the decision of the Swiss Federal Criminal Court to remove Keller from his position as extraordinary federal rosecutor. The global football body also reiterated its willingness to cooperate with the authorities.