On Grounds for Judicial Review


EasyJamboAugust 8, 2017 at 23:22 http://kerrydalestreet.co.uk/single/?p=30492924&t=9124931  A bit more info. http://etims.net/?p=11803  perhaps …

Comment on On Grounds for Judicial Review by Auldheid.

easyJamboAugust 8, 2017 at 23:22

http://kerrydalestreet.co.uk/single/?p=30492924&t=9124931  A bit more info.

http://etims.net/?p=11803  perhaps explains the above in terms of process.
(Res12 update)

Auldheid Also Commented

On Grounds for Judicial Review
Up the hoops
Going to court is the ultimate threat and if you have strong enough evidence to present at court then you have enough leverage to obtain an in  house enquiry that does not have a predetermined outcome.
It’s no longer about the law or QC advice it’s about doing the right thing to restore integrity to the game in Scotland.

On Grounds for Judicial Review
August 27, 2017 at 00:22  
I sat down today to acknowledge the reply, from Mr Doncaster, to my letter to Mr MacLennan.
Preparatory to doing so, I was reading a copy of the  ‘summary’  that Mr  Moynihan QC had provided and attached to the advice he had provided to the SPFL, a copy of which Mr Doncaster had enclosed.
On his ‘summary’ page ( on which he identifies the ‘several possible complaints’ ) the QC says this (at his para 7)” The final option would be to consider the whole affair (non-disclosure of the payments and non-payment of any tax due) as conduct that that brought the game in to disrepute.That cannot be pursued by the SPL or SPFL.The Rules of the SPL and SPFL do not contain such a disciplinary offence and,therefore, there can be no charge brought by the SPL or SPFL on that basis.” (my underlining)
The SFA set up a Judicial Panel that charged Craig Whyte with bringing the game into disrepute for non payment of PAYE and VAT but not (strangely enough) the wee tax case liability after 6th May 2011 when he took over Rangers.
Rangers were also charged with failings in respect of Craig Whyte and non payment of money owed to Dunfermline and Dundee Utd and becoming insolvent, again from  6th May 2011, but not before then which, had the wee tax case been included had to refer to Rangers bringing the game into disrepute  going back to 30 August 2000 when the issued De Boer with the first ebt side letter.
The relevant SPL Rule that they could be charged with and in place in April 2011 was Article 3
Relationship between Clubs and the League
A3.1 In all matters and transactions relating to the League and Company each Club shall behave towards each other Club and the Company with the utmost good faith.
If this was in place prior to April 2010 back to 2000 then it would appear to be an apt SPL rule to charge Rangers with breaching for all of that period or, if introduced later, for the period from when it started,
As regards the SFA articles the relevant Article from whenever it first appeared would be
Article 5. Obligations and Duties of Members
 5.1 All members shall:-
 (a) observe the principles of loyalty, integrity and sportsmanship in accordance with the rules of
fair play
The Judicial Panel Notes of 30 April 2012 (about a 6 weeks after Harper McLeod started asking about ebts with side letters ) 
at  https://scotslawthoughts.files.wordpress.com/2012/05/93212354-sfa-rangers-note-of-reasons.pdf
show that Rangers as a club were charged with breaching Article 5.1b) but not 5.1 a) and again from 6th May 2011 only.
5.1.b) says 
 All members shall:-
(b) be subject to and shall comply with:-
(i) these Articles;
(ii) the Judicial Panel Protocol;
(iii) the Challenge Cup Competition Rules;
(iv) the Registration Procedures;
(v) International Match Calendar;
(vi) Club Licensing Procedures; and
(vii) any statutes, regulations, directives, codes, decisions promulgated by the Board, the
Professional Game Board, the Non-Professional Game Board, the Judicial Panel, a
Committee or sub-committee, FIFA, UEFA or the Court of Arbitration for Sport;
This begs the question why a charge of not observing Registration Procedures was made by the SPL and not the SFA.
The reason given was to allow the SFA to be the court of appeal of any LNS Decision but why not The Court of Arbitration on Sport especially, as the SFA provided the key witness that influence LNS?
Finally check back on my comment on cash payments in brown envelopes instead of ebts and AJ’s comments
More questions than answers I’m afraid.

On Grounds for Judicial Review
A question I think Doncaster and McKenzie should be asked:
Had brown envelopes stuffed with cash been used instead for ten years and then discovered are they both saying nothing could have been done under the SPL/SAFA Rules?
Is the only difference between a brown envelope stuffed with cash and an unlawful ebt that:
with the cash, it is clear that the payment has deliberately been made secretly because the payer knows he is being dishonest paying by that means as does the player taking it and it would only be uncovered by outside intervention
 with the ebt, the payment was deliberately made secretly, was only discovered because of outside intervention, but because it was delivered in an ebt and not cash there was no question of dishonesty?
Except of course LNS was able to declare there was no question of dishonesty involved because that evidence of corporate dishonesty was not provided by Duff and Phelps, who had all the detail in March 2011 made in a Points of Claim document, but according to the meeting report with Doncaster and McKenzie, could not provide them because MIH had the paperwork, including presumably the HMRC letter of 20 May 2011 addressed to Rangers at Ibrox.
So what is the difference and under what rule would Rangers have been charged if payments had been made in a brown envelope over 10 years?

Recent Comments by Auldheid

It Is Better To Offer No Excuse Than A Bad One
The allegations on CQN that Bobby Madden has a gambling problem surely require his  removal from the the firing line until the allegators are proved wrong.
No snap decisions, just a leisurely swim until there is no question as to his motivations. 

It Is Better To Offer No Excuse Than A Bad One
Dons/Hibees/Jambos and any other club wanting a UEFA spot.
Flogging players who have put TRFC near top of league is an admission those players unaffordable.
The solution is to make a licence for TRFC conditional on a realistic sustainable business plan. SFA are not doing their licencing job. Never have in fact.
So what questions are your club Directors asking the SFA?
Why not get them to ask UEFA if they are happy with the way SFA process licence applications from Ibrox. Seems UEFA not happy.
Proper club licencing can level the playing field a bit but it also protects all clubs from charlatans selling jam tomorrow.

It Is Better To Offer No Excuse Than A Bad One
Allyjambo 21.41

Matthew Lindsay: Time for Dave King to depart Rangers – but who could take over at the Ibrox club?

Rangers need to be run by individuals whose integrity is beyond doubt.
Do such individuals steeped in blue exist?

As rare as a dodo nesting on an iceberg in Carlisle Bay, Barbados.
” No problem can be solved from the same level of consciousness that created it.” Albert Einstein 

It Is Better To Offer No Excuse Than A Bad One
I got my electronic copy of Not The View delivered yesterday.
Browsing through I thought I recognised The Christmas Tale offering and was pleased to read it as I had forgotten it was a tale I told at Christmas in 2012 (on CQN I think).
I think it worth repeating as a reminder of why SFM exists – because we love football and we love Scottish football and we aren’t done yet.
See me?
See me?
Ah jist luv fitbaw.
Its funny cos I was never that interested until about age eleven when a good pal, who was destined never to see his 21st birthday after a car crash in Rome encouraged me to try it. John was there to become a priest but got fast tracked by the Big Man who knows a good guy when he sees wan.
John encouraged me to give it a go in Suffolk St.  We played “croassies in” with the metal pull down blinds that formed the gates to the interior of the Barras as goals. Plastic baws, Fridos then Wembleys, arrived about then and many a red hot poker made the game a bogey in a failed attempt at repairing a burst baw.
(I blame the whelk shells; they were aw ower the place from the Oyster Bar in the Gallowgate (where I was entrapped in the cellar two weekends in a row cleaning whelks and mussels) and the ravenous appetite of the Glasgow punter for shellfish.
I played fitbaw morning, noon and night and saw Glasgow Green pitches UPGRADED from black ash/clinker to red blaze. We thought we were Wullie Fernie playing on that stuff and there was a case for playing with 10 baws as teams were filled with tanner baw players (goalies were just last man standing) for whom the object of the game was to beat everybody else in the opposition before scoring or it wisnae a goal.
I remember wan night  at the Glasgow Green waiting to play for St Alphonsus v Our Lady of Fatima  when I saw Tony Green, who was a Mungo boy and went on to play for Newcastle and Scotland before injury ended his career too early, waiting, sannies under his arm, to get a game with any team who were a man short. I think the OLOF manager mugged wan of his boys as Tony appeared for them and turned a virtuoso performance against us to give OLOF a 3-2 victory.
I started work and went to London for a year to work in the old Post Office Savings Bank. In my first week Jock (a Jock) approached and asked if I played. He never mentioned the sport, he didnae hiv tae, we wur already communicating at the spiritual level only fitbaw lovers can reach (the kind of thing that electrifies CP on CL nights.)
I get directions fur a game oan the Saturday at Acton Town and turn up, new Puma boots, paid by my transfer grant, under my arm (nae sannies fur me) On entering the park ahm puzzled, there wiz GRASS everywhere, nae clinker or red blaze in sight.  “Must be roon the back of the dressing rooms “ I remember thinking.
Anyhoo I gets changed runs roon the back to see — MAIR grass as far as the eye can see. So I troop back tae the dressing rooms to get directions to the ash pitches. When I explain what ah wiz used to playin oan they aw jist looked at me like my village wiz searching fur their idiot.
Well I get sorted out and line up. The baw, I remember, wiz a size 5 orange wan, but no wan o they bricks wi laces. The first pass to me wiz high and ah chests the ball doon and whirls roon afore I get studded from the back as wiz the custom oan the narrow pitches of Glasgow Green. To ma amazement the nearest opponent to me is about 4 yards away. As I look into his eyes I smile and turn to Jock at the sidelines and shout.
“Yer gonnae need anither baw” as I meander off in pursuit of the only goal that counted for a tanner baw man. I think I managed 7 before netting and I’ll take that. It wiz oan unfamiliar grass after all.
 Postscript “Aye very guid Auldheid” yer thinking (if you have stayed with me so far.)
“Nice reminiscing and it is Christmas Eve, so thanks fur the memories. “
But there’s mer tae this tale fur
See me?
See me?
I jist luv fitbaw.
Its ma game, its  OOR game and when I see the mess those responsible for looking after its welfare have made of it ah want to do something.
I hope ahm not alone.
Dec 2012

It Is Better To Offer No Excuse Than A Bad One
That Dave King is allowed any influence in Scottiish football is a dereliction of the duty of the SFA to protect our game from criminality.

Dave King should be called to account by the other clubs via the SFA to provide evidence he can do what he has promised, which is bank roll TRFC.

At the very least the clubs should be preparing for another insolvency event at Ibrox and deciding the conditions they will set for TRFC to continue taking part in Scottish football on the same basis as every other club, who act with the utmost good faith to fellow members.

The clubs via the SFA have the powers under Club Licensing to do so, powers that the SFA Comp Off can only conclude the SFA have failed to utilise. Powers that UEFA must have recognised by now as a result of Res12 letter of May 2016 and UEFA Licence submission this year, are not being used fully by the SFA.  

It was self preservation that underpinned the 5 Way Agreement . The dangers of that agreement – destroying integrity, undermining trust, ignoring deceit – become more and more manifest and should alert other clubs to the necessity to exercise their collective responsibility to each other and so to our game that they govern via the SFA on our behalf, using Club Licensing powers.

When a particular course of action designed to preserve self is not working it is human nature to try another course.

Not renewing STs come April/May unless positive trust restoring actions are taken by our clubs collectively, is one way of changing minds about what is self preserving.

About the author