Andrew Moloney Threatening Nevada Legal Action

The calendar has turned over to 2021, but the controversy surrounding the WBA World Junior Bantamweight title rematch in November between Joshua Franco and Andrew Maloney that ended it “no contest” is not going away anytime soon. And, now the Australian former champion is threatening to sue the Nevada Athletic Commission for not getting him a timely hearing on his appeal.

Boxingscene’s Jake Donovan wrote Tuesday afternoon about illegal wrangling that Moloney has undergone after the Nevada Commission refused to let Moloney appear before them in December to appeal the no-contest ruling of bout,

Nearly two months after controversial ending to his rematch with Joshua Franco, Andrew Moloney still awaits a date for NSAC to hear his appeal. His legal team is now prepared to take it to NV court in order to advance matters. My @boxingscene story:https://t.co/RkkaVOFMEa

— Jake Donovan (@JakeNDaBox) January 5, 2021

In their rematch, the fight was stopped after the second round when Franco could no longer see out of his right eye due to severe swelling. In the immediate aftermath, Moloney and his Corner celebrated, believing the fight was being stopped for a technical knockout win. And, that would mean the Australian would be recapturing the title he had lost a Franco over the Summer on a 12-round decision.

However, as it turns out referee Russell Mora gave Franco an early Christmas present by having ruled mysteriously earlier in the first round the Franco had suffered a clash of heads causing the swelling around the eye to begin.

As we wrote previously, Moloney, still 21-1, 14 KOs, contends that the swelling was from his numerous hard left jabs and left hooks to the eye. But, the ruling of accidental foul nullified Moloney possibly winning by stoppage and because the about had not yet gone four rounds by rules of the Nevada Athletic Commission and the WBA, the fight was to be deemed a no-contest.

Further adding to the confusion and the controversy, the Nevada commission along with alternate referee Robert Byrd continued to delay and look at replays of the first round of the fight for clarification that Franco had actually been injured by an accidental clash of heads. That lasted some 25 minutes before the official decision was announced.

The WBA quickly sided with Moloney and ordered a third fight between the two within 90 days.

However, Moloney is not satisfied, is still pressing to have the no-contest ruling overturned and him declared the winner by TKO.

Donovan and Boxing scene obtained this correspondence by Moloney’s attorney, Josh Dubin, demanding that the NSAC give him a fair hearing for appeal or they will be going to Nevada Court to sue them over violating their own procedures.

“I sincerely hope the Commission will reverse course and grant Mr. Moloney a hearing.
“In the event that you continue to deny Mr. Moloney the opportunity to be heard before the Commission, we will take appropriate legal action in the Nevada courts to enforce his rights,” the letter says in part.

The Commission should err on the side of caution and hear Mr. Moloney out,” the legal letter continues. “Instead of relying on a strained, narrow legal interpretation to justify denial of his rights before all of the evidence has been reviewed. I sincerely hope the Commission will reverse course and grant Mr. Moloney a hearing.” 

The NSAC met virtually on December 21st, more than a month after the bout and did not let the Moloney-Franco controversy be addressed.

Meanwhile, Top Rank Boxing promoter Bob Arum wants to have the third Franco-Moloney fight on an Australian show that could be coming in March or April.

It is believed the card would also potentially have new Undisputed Lightweight champion Teofimo Lopez fighting Australian contender George Kambosos. And Arum has also hinted that Australia’s most popular fighter, rising, unbeaten, Junior Middleweight Tim Tszyu, would also potentially be involved in the prominent card