If I unknowingly broke the law then its not the courts fault that I didn't know it, the onus is on me to know the law. They may go lenient on me because I didn't know what I was doing was illegal, but I still broke the law.
It is
not quite like that, it is widely known that 'ignorance of the law is no
excuse' and this is probably what you have based your comment on. However there
are 2 elements to an offence, the mens rea [guilty knowledge] and actus reas
[guilty action]. Both elements need to be present for someone to be guilty,
unless the offence is one of strict liability. No guilty knowledge in something
like theft or murder or assault would not fly as a defence because it would be
reasonable for everyone to know that is wrong even if they do not know the
actual statute they have broken. But in a situation where you commit an act and
with an honest and reasonable belief that that act was not illegal – you have a
defence.
I
would think that there would be case for this in NZF's case if they were able
to demonstrate that they were in that situation. Things that might support that
would be like an honest belief that they were correctly following a
certain FIFA regulation and not the one that OFC are quoting they breached.
Perhaps that other athletes in the same situation had been able to play without
sanction etc.
The
converse to this [and there are several examples that have been raised that
would be problematic if proven correct] if NZF had previously applied for an
exemption for an athlete who was in the exact same situation as Wynne, or some
other communication between NZF and FIFA that made it clear that the
expectation in such circumstances was for an exemption to be applied for.
This
is only one piece of this whole imbroglio, there are several avenues of
defence NZ could go down, and they should if they honestly believed they were
in the right throughout all of this. If they were just chancing their arm
and knowingly wroughting the system, then I have little sympathy for them
getting caught and punished. Without someone from NZF actually saying
they did that, I don't think we are ever going to really know are we?