Whatever Happened to the Nimmo Smith Report?

I am privileged to have the chance to post a “guest” article on TSFM. As we get used to the lights being turned out, even temporarily, on RTC, we have a new forum for analysing the various issues which concern supporters of Scottish football.

It is undoubtedly the case that most of these issues involve the Rangers FC, either directly or indirectly, together with their interaction with the governing bodies of Scottish football.

One of the matters mentioned on “The List” page here is the Nimmo Smith report. I try to answer the question about what happened to it below, and note the relevance its apparent disappearance has for the soon to convene SPL Independent Commission.

I would encourage anyone who wants to do so to contribute posts for publication to TSFM.

RTC created from nothing a vibrant community looking at serious and complex issues of finance, law and corporate governance with a huge range of expertise, and not a little humour. TSFM can build on that legacy for the good of football in Scotland, and hopefully to the betterment of our media.

Whatever Happened to the Nimmo Smith Report?

On 21st February 2012 the SFA announced that it had appointed retired judge Lord Nimmo Smith to chair an independent inquiry into Rangers FC. His panel comprised Professor Niall Lothian, Past President of the Institute of Chartered Accountants of Scotland; Bob Downes, former Director of BT and now Deputy Chairman of the Scottish Environmental Protection Agency, and Stewart Regan, CEO of the SFA.

The Inquiry was commissioned to investigate the potential breach of a number of SFA Articles of Association and to present its findings to the SFA Board within two weeks. Article 62.2 (q) of the SFA Articles of Association allows the SFA Board to appoint “a commission … to attend to and/or determine any matter(s) referred to it by the Board.”

Stewart Regan was quoted saying: “I am delighted Lord Nimmo Smith has agreed to Chair the Independent Inquiry. I am certain the experience contained within the panel will enable us to achieve more clarity on the situation regarding Rangers FC. There will be no further comment on the investigation until it is complete and its findings presented to the Board.”

One wonders about the use of the word “independent”, bearing in mind that one of the members was the CEO of the commissioning body, and on the Board which would consider it once prepared.

On 2nd March Mr Regan had more to say, although the investigation was not yet complete.

“We are now in the final stages of our independent inquiry into the situation concerning Rangers FC. The report by The Right Honourable Lord Nimmo Smith is expected to be completed next week and will go to a Special Board Meeting for consideration. It would be inappropriate to make any further comment at this stage in relation to the details gleaned from the inquiry, the potential contents of the report or any possible sanctions.

On 8th March the Special Board Meeting took place to consider the Nimmo Smith Report. Mr Regan commented:-

“I can confirm that the Scottish FA convened a Special Board Meeting at Hampden Park today to discuss the findings of the Independent Inquiry into Rangers FC, prepared by the Chair, The Right Honourable Lord William Nimmo Smith. 

“Principally, it is the belief of the Board, taking into account the prima facie evidence presented today, that Mr Craig Whyte is not considered to be a Fit and Proper person to hold a position within Association Football.

“The report submitted by Lord Nimmo Smith, having been considered fully by the Board, highlights a number of other potential rule breaches by the club and its owner. The report will now be used as evidence and forwarded to a Judicial Panel for consideration and determination as per the protocol.

As such, the report’s contents will not be published at this time. Nevertheless, I can confirm that the club is facing a charge of bringing the game into disrepute.”

On 24th April Mr Regan, following the verdict of the Judicial Panel, said the following:-

“It was entirely right that the original inquiry into Rangers FC and Craig Whyte was conducted independently and chaired by the Right Honourable Lord Nimmo Smith. These findings were presented to the Judicial Panel Tribunal, who returned their verdict last night.”

That all seems clear. Lord Nimmo Smith, with the help of distinguished people like Mr Regan, carried out a quick but thorough investigation, and the results were put to the Judicial Panel for consideration.

However Gary Allan QC, who chaired the Panel, made the following comment on page 59 of the Panel’s written decision.

“It is remarkable that throughout the Judicial Panel Disciplinary Tribunal Process there has been repeated, and regrettably wholly misconceived reference to the Report of Lord Nimmo Smith. For the avoidance of any doubt, the Judicial Panel hearing this disciplinary matter was at no time presented with the report, as evidence or otherwise, nor was it presented with any of its findings. No member of the Tribunal has had sight of it. The report was not mentioned by any party at any time in the course of the proceedings. The determinations which were reached, therefore, were reached entirely independently of any view at which any other person, however senior or eminent, may have arrived in fulfilment of his remit prior to the disciplinary hearing.”

How can the Chair of the Panel deny having seen a document which, according to one of the people who sat on the independent committee, was presented to them?

The answer is two-fold.

Firstly, at pages 2 to 3 of the Judicial Panel decision, the procedural nuts and bolts of the case are discussed:-

“The Tribunal … directed that … it would proceed to hear the evidence and submissions and proceed to Determinations in relation to the complaints against both Rangers FC and Mr Whyte.

The Tribunal … noted that … it would proceed on the basis that there was an absolute denial on (Mr Whyte’s) part of each element of the alleged breach of the rules in all its particulars.

The Tribunal directed that accordingly, and notwithstanding the fact that in its written responses Rangers FC in substantial measure admitted the factual averments and a number of the alleged breaches of the rules, … the Tribunal would require to establish a clear factual basis for its Determination of both any alleged breaches and, if applicable, any sanction against either or both Rangers FC or Mr Whyte. … The commission and the circumstances of the alleged breaches would therefore require to be established by the leading of evidence before the Tribunal …

A discussion in relation to the procedure to be adopted took place. It was agreed that the Compliance Officer Mr Lunny would lead evidence ex parte by submission and reference to documentary material but would lead no witnesses, and would invite the Tribunal to accept the evidence in that form as provided in the Judicial Panel Protocol. Mr McLaughlin for Rangers FC, standing its position on the complaints contained in the written response previously submitted had neither issues with that proposal nor any other objection to the procedure which would be adopted. An opportunity would then be afforded to Rangers FC to lead evidence and make submissions as Mr McLaughlin on its behalf saw fit. Mr McLaughlin intimated that he would be likely to lead evidence from four witnesses previously intimated to the Compliance Officer and the Tribunal in terms of the Judicial Panel Protocol.”

At the hearing the positions of Rangers FC and of Mr Whyte were totally at odds. Mr Whyte did not appear nor lodge any substantive reply. He denied everything. On the other hand, Rangers FC “in substantial measure admitted the factual averments and a number of the alleged breaches of the rules”. As the Panel determined, they needed to be satisfied of the right verdict based on the evidence, but as the “prosecution case” was generally admitted, there was less rigour about this than if, for example, Mr Whyte had attended and denied the charges.

If Mr Whyte had appeared to deny the allegations, or if Rangers FC had disputed them, then evidence would have had to come from witnesses, who could have been cross-examined. In that event it would not have been sufficient to present the Nimmo Smith report, because, for all his experience, expertise and eminence, he is not guaranteed to be infallible.

One important principle in judicial and quasi-judicial procedure is the “Best Evidence rule”. If possible, original documents should be produced, rather than copies. Items of physical evidence should be brought to the court, rather than photographs of it. Witnesses should give evidence rather than having witness statements provided to the hearing.

This, I think, provides part of the explanation for the apparently mysterious absence of the Nimmo Smith Report.

The facts of the case had been admitted by the only party who attended the hearing, namely Rangers FC. Therefore Mr Lunny led “evidence ex parte by submission and reference to documentary material”. The Panel made 108 separate “findings in fact” derived from the evidence he put forward and that of Rangers FC.

Where Lord Nimmo Smith’s committee had, for example, analysed documents and offered a conclusion upon their import, the documents would be evidence but His Lordship’s conclusion would not. Similarly where a witness had been interviewed by the Nimmo Smith commission, or provided a statement, the former judge’s views on that would not be evidence, but the witness statement would be.

Mr Lunny, the Compliance Officer, was acting as prosecutor. Effectively Lord Nimmo Smith played the role of a senior detective co-ordinating an investigation, but not actually obtaining any evidence himself. In a criminal trial, where the officer in charge of the investigation has taken no part in the accumulation of the evidence, then their relevance as a witness is very small at best. It is up to the judge or the jury to decide what the totality of evidence means as far as guilt or innocence is concerned.

Therefore whilst I am sure that Lord Nimmo Smith’s report was on Mr Lunny’s table as he went through his presentation, ticking off the relevant parts as he led the primary evidence, the Report itself was not “relevant” evidence for the Panel. It is likely that, in discussion prior to the hearing, Mr Lunny and the solicitor for Rangers FC agreed whether the Nimmo Smith report would be used or not.

Mr Regan said prior to the Panel sitting The report will now be used as evidence and forwarded to a Judicial Panel for consideration and determination as per the protocol. The presentation of the case of course was independent of him, and whilst the Report would have formed the basis for the charges laid against Rangers FC and Mr Whyte, it was not evidence itself, as agreed between the parties.

The second aspect which accords with this explanation is the precise phrase used by Mr Regan. He said, after the decision, These findings were presented to the Judicial Panel Tribunal.”

He did not say that the report was presented, rather that the findings were. As the findings would form the basis for the “charges” admitted by Rangers FC, then to that extent the Nimmo Smith report played a part in the proceedings.

This issue has relevance now for the forthcoming SPL proceedings involving player payments and registrations which might have broken the rules. To great clamour and consternation from Ibrox direction, Harper MacLeod, the widely respected and highly rated form of solicitors, have carried out an investigation for the SPL into Rangers FC.

Mr Green has made clear that, as far as possible, the case will be fought, and no past titles will be stripped if he can do anything about it. Expect calls for the Harper MacLeod report to be produced.

However, it is in exactly the same position as the Nimmo Smith report was, except this time the accused is not accepting guilt. In that case, the relevant documents and witnesses will need to attend for scrutiny and examination.

On the basis that the First Tier Tax Tribunal, which looked at different but related issues, took many days to conclude, it is highly likely that the SPL case will not have a quick conclusion.

As a final aside, I must compliment Mr Green. All of the media speculation about punishment in the event that the independent commission find guilt on the part of Rangers repeats the mantra from Ibrox that the most severe penalty, namely stripping of titles, is the aim of the SPL.

I suspect that the SPL might believe that too now, on the basis that something which the club and the fans oppose so vigorously must be a draconian penalty.

But, of all of the various penalties listed, stripping titles would not cost the Rangers FC a single penny. The issue has already seen the supporters unite behind their team. Even if the commission finds the case proven, and as a result Rangers lose some of their historic titles, this will be seen by the Ibrox faithful as yet more treachery by the football authorities. Bearing in mind that the SPL rules allow various penalties, including the power to expel the club, impose unlimited fines and place a registration embargo on the club, altering the history books is the best thing for Rangers as a business, rather than a penalty which affects them just now.

Posted by Paul McConville – www.scotslawthoughts.wordpress.com

1,330 thoughts on “Whatever Happened to the Nimmo Smith Report?


  1. Senior,

    Totally agree. A simple database of:-

    1. Broken rules
    2. Broken promises
    3. Inaccurate reporting (could be too big to collate)

    would be a fantastic resource for reference. A great checker against which to hold the MSM to account.


  2. threeamigos says:
    August 11, 2012 at 12:34

    Campsie Joe @21.19
    I agree. Absolutely no substance. He probably thinks gravitas is smoked salmon.
    —————————————————————————————————————————-
    I see what you did there….but gravadlax is cured in salt and sugar – not smoked.

    Ashley: Does anybody have a handle on the collapse of Icelandic bank Kaupthing? It appears Ashley had the same relationship with Kaupthing as (-S)DM had with Masterton and Co.


  3. Schneeb says: August 11, 2012 at 14:12 –

    A consortium of northern English investors running a club, claiming “business as usual”.
    They’ll be the Phoenix Knights then 😆


  4. Something is not right with the registrations at Sevco.

    HIF sporting director Jesper Jansson said: “We saw an opportunity in that Rangers have gone bankrupt, so are therefore able to sign Alejandro on a short-term contract.

    Surely all players are TUPEd over to Sevco. So how can the bankruptcy of Rangers have any effect on current players?

    How can Edu and Bocanegra walk away this week? Surely they are under contract and registered with Sevco?

    Something stinks here………..


  5. Further confusion on the Sevco registered players

    Ally McCoist continued: “We certainly need players coming in. Apart from the boys on the bench we don’t have a lot in reserve. We have lost 24 or 25 players.”

    This was 21 the other day – so the 3 players are the USA players – one of whm played today. The 25th is reproted to be Goiran who also played today….

    Something is not right!


  6. Further confusion on the Sevco registered players

    Ally McCoist continued: “We certainly need players coming in. Apart from the boys on the bench we don’t have a lot in reserve. We have lost 24 or 25 players.”

    This was 21 the other day – so the 3 players are the USA players – one of whm played today. The 25th is reproted to be Goran who also played today….

    Something is not right!


  7. My enjoyment of Fat Sally’s discomfort at Peterhead today when Sevco were getting beat 2- 1, was matched only by my bafflement at seeing Ian Durrant alongside him on the bench.
    The days of him sitting alongside Walter in the stand seem over and it appears he is expected to adopt a more proactive role as coach in today’s austere times.
    A look at his Wikipedia entry, which granted may need updating, states that in addition to his coaching duties, he is also responsible for scouting future European and SPL opponents. On that basis he may be the only individual to have suffered a drop in wages in the last few months given his less onerous duties. ( Aye – that’ll be right )
    Interesting to note he must be the only Rangers manager with a 100% record – he was in charge for one game when RFC lost to Dunfermline in a Scottish Cup match.
    Seriously how can one man keep such a high-profile well-rewarded job for 7 years, make absolutely no public comment on anything and still give the impression that should Ibrokes be hit by a well-deserved nuclear bomb, he would still emerge from the ashes to put out the cones at Murray Park.
    Never has so much been received by one man for so little.


  8. McCoist’s sarky remark as a prelude to tonight’s your call:- “I knew Durrant and I would finish up in Peterhead one day”
    Be careful what you wish for !


  9. Cosgrove doing a delicious rebuttal of some dimwit on Radio Scotland. Fact is the attendance at Pittodrie today was more than the average of the last two Rangers matches at Pittodrie but facts don’t seem to matter to Sevco fans.


  10. Smartie1947 – question for you? At Brechin we saw Durrant along with McDowell and Jim Stewart – how many coaches does a Third Division club need? They have a goalkeeping coach for 2 goalies. Add in doctors, massagers and kitmen and the no of backroom staff is beyond their division status.

    How can anyone keep on this amount if backroom staff?

    Also – on this “training kit” – this is nonsense – they had SFL badges on the 5 star change kits form last year. No way was this a mistake or a last minute change…….all premediated to prove they are still THE Rangers…..

    Someone from the creditors should be going nuts……..


  11. Anyway – am in Philidelphia off to see Celtic play the real “most successful team in the world:”.

    5 stars pale into insignificance when Real can show their credentials……….


  12. Jabba trying to stop a conversation about the disgraced Rangers


  13. Cosgrove giving SFM and BRTH a name check. Good to hear that he remains on message with most of the contributors on here.


  14. Our Cossy needs to become a permanent fixture on The New Your Call – He just gets it!


  15. Cosgrove quoting the brilliant BRTH to newcomer timid Traynor on @bbcsportsound.
    Pearls before Swine comes to mind. HaHa


  16. Why were newco allowed to wear shirts with five stars on them today?


  17. Smell the glove @18:11

    Maybe they can’t afford new ones? Rumour is they haven’t paid for old ones so supplier not giving them sevco ones??


  18. Smell the glove says:

    August 11, 2012 at 18:11

    Why were newco allowed to wear shirts with five stars on them today?
    ————————————————————————————————————–

    Think you will find they were Rangers FC (ia) strips.Not sure the rules but again using an example from Youth and Amateur teams, League rules state you must inform the Association of your playing kit, home and away.
    Pheonix FC should be taken to task on before they design their new Rainbow Kit in honour of all their diverse support and variety of speakers,owners, figure heads etc
    The new kit will be
    Red .. as, in the
    White/ Whyte etc
    Brown… der bomber who still has the pensioners £120 i presume
    Green….Chas
    Yellow…for the performances of Lee Elbows in his first 3 games for Sevco,
    Black….The man to tame any good players in SFL 3
    Blue ….Oldco
    Tangerine …for
    The strip will be hooped and on sale in Sports Soccer, Soccer World at a knockdown price…maybe that well known kit maker Dunlop will get the gig

    New colours will be added as backers become known then more money will be fleeeced from stupid people.


  19. Smell the glove says:
    August 11, 2012 at 18:11
    3 0 i Rate This
    Why were newco allowed to wear shirts with five stars on them today?

    Is it down to their Scottish Football League Division 3 position?

    Maybe it’s a ratings systems and next game they will get filled in wi’ a blue inkie reflecting the teams previous weeks performance!

    Or could it be The Filfth Element?


  20. Oh dear pride comes before a fall…
    On another forum the Sevco editor boasted about his bet “Rangers (sevco to us) to win EVERY game and score 100+ goals this season. Sadly this particular betting slip has already been assigned to the bin. Oh well surely one game they will win 10-0 as RM poll suggested.
    Sevco fans maybe, just maybe, it this type of arrogance that has turned most of Scottish football against you.


  21. Missing persons report::

    John Brown

    Dave King

    Rugby man

    sir Cardigan

    SDM

    Craigie

    I know Sir cardigan is lying low due RTC blasts from the past.

    Did Dave find what he was rummaging Ibrox for?

    Questions questions


  22. lanc,
    A lot of people gone very quiet recently. You’re right.
    Kites are being flown though, fascinating.
    I’m sticking with following the money.
    One thing I know is that sally is in real trouble if h.e doesn’t start winning games convincingly. And fast. His reaction today? “Relief.”
    Now, there are better football heads here than me but it ain’t looking too convincing so far?


  23. I posted a Phoenix Moment earlier and there seem to have been a few others today such as the oldco kit – I wonder if it would be worth keeping a list of these as they occur?


  24. Celtic v Real Madrid on ITV4 for UK/Ireland viewers


  25. Great atmosphere ın the Pittodrie bar thıs afternoon when Peterhead went 2 – 1 up.

    A few people were chattıng about Sevco FC stayıng ın an expensıve Glasgow cıty center hotel last nıght.

    Wonderıng why they have money to burn?


  26. john clarke says:
    August 11, 2012 at 13:20
    7 0 i
    Rate This

    jammy dodger says:
    August 11, 2012 at 11:33
    ‘…….Can anyone tell me, honestly, that the courts would have allowed such an administration to proceed if the company had been a car dealership, a ball bearing manufacturer, a chain of hotels, or anything other than RFC? The answer to that question reveals to me all I need to know about the society I live in…’
    —-
    I share your sense of outrage and frustration, JD, as do most of us.

    However, the fault lies, I think, with the looseness and vagueness of the Law.

    Almost everything is down to ‘opinion’. And, all other things being equal, the ‘reasonableness’ of their opinion is a matter of opinion! (my edits)

    =========================================================================

    JC….I really do not know where to start, but whatever your chosen vocation in life is/was, I am sure that you have missed it!

    You should have ben the only politician/diplomat/statesman I would ever have voted for..you can certainly fillet the main points in any discussion.

    As per my own “profession”, I am continually giving “opinions”…and believe me these certainly are only opinions, aka “Audit Reports”, behind which (-S)DM tries to hide his nefarious deeds”

    PS OT and awaiting lots of flak, I think we have three alumni from your old “alma matter” involved in this post!


  27. For those wondering about Sevco staying in MalMaison, Charlie Green can explain “Its only in Scotland that Malmaison is looked upon as expensive; in French, it means bad house – I was a bit surprised at the bill, especially that Cote D’agneau that the boys ordered at dinner”


  28. Traynor’s long slug trailled path has finally slithered and perhaps careered to it’s natural conclusive state. A Newco Sevco struggling in the 4th tier, their geographical status in the realm of National consciousness relegated below the daily BBC broadcast weather reports of impending tempestuous conditions afflicting Rockall et all.
    Sonsorious then, Sleeping now, Nightmares Forever..That’s Sevco.


  29. I was at Kirkcaldy today to support Accies and it was good to see a few Celtic and Dundee United fans had made the effort to attend. Sadly a few morons in our support chose to abuse the Celtic fans briefly. Sorry about that, if any of you are reading this. Sadly our travelling support was about 350 down on opening day last season (thanks Les), had it been a normal travelling support the attendance would easily have been over 2,000.

    Top marks to the Raith announcer for announcing “Peterhead 2 The Rangers 2”. I’ll forgive him calling us Academicals.


  30. LuoAnLai says:
    August 11, 2012 at 16:09
    6 0 i
    Rate This

    Frankie,

    Take 2 parts global climate change to raise the water level, 1 part subsidence of the pitch at Ibrokes due to incompetent or unfunded groundskeepers and add 1 unseasonally wet winter.

    I think that’s all we need, but whatever you, me and Heracles (Hercules) can contribute will be most welcome.

    ==========================================================================

    Guys…my Higher Latin allows me to understand the erudite (that word again!) and the basics of Scots Law, or its lack of adherence, on this site.

    But, Greek mythology…oh me miserum. !..I see the “Consul” turning in his grave…again!


  31. Insomniac says:
    August 11, 2012 at 16:37
    10 0 i
    Rate This

    threeamigos says:
    August 11, 2012 at 12:34

    Campsie Joe @21.19
    I agree. Absolutely no substance. He probably thinks gravitas is smoked salmon.
    —————————————————————————————————————————-
    I see what you did there….but gravadlax is cured in salt and sugar – not smoked.

    Ashley: Does anybody have a handle on the collapse of Icelandic bank Kaupthing? It appears Ashley had the same relationship with Kaupthing as (-S)DM had with Masterton and Co.

    ========================================================================

    Insomniac…thank you for the post…I am now better informed re gravadlax (I blame M&S!)

    Re Icelandic banking, I believe one of the main players was the dome headed guy who acquired West Ham United FC…but there appears to be the same cloak of secrecy, or lack of will, in establishing just what happened here…shades of HBOS/Murray/Masterton.

    PS West Ham are my “adoptive” club and many locals share the angst of the non-RFC supporters in Scotland.


  32. Essex beancounter says:
    August 11, 2012 at 20:26

    Guys…my Higher Latin allows me to understand the erudite (that word again!) and the basics of Scots Law, or its lack of adherence, on this site.

    ==========================================================================

    “…erudite…”

    Is this the glue that holds us internet bampots together? (Pax Derek Jameson)

    Lots of modern day potential candidates for the name Sid McYobbo! 🙂

    / Red Lichtie


  33. Jim says:
    August 11, 2012 at 20:36
    0 0 i
    Rate This

    Essex beancounter says:
    August 11, 2012 at 20:26

    Guys…my Higher Latin allows me to understand the erudite (that word again!) and the basics of Scots Law, or its lack of adherence, on this site.

    ==========================================================================

    “…erudite…”

    Is this the glue that holds us internet bampots together? (Pax Derek Jameson)

    Lots of modern day potential candidates for the name Sid McYobbo!

    / Red Lichtie

    ==========================================================================

    Jim…thank you for your erudite (sic) post…I was under the impression that it was one of the “banned” words on the blog…but fortunately not.

    Derek Jameson’s comments I cannot vouch for but I first heard the word “erudite” emanate from the learned lips (see that is an alliteration!) of Dr Tom Carberry at Strathclyde University in 1970/71…and yes we all looked at each other saying…”ffs what is he on about…?”

    A good man was Tom…would love to hear his thoughts on this blog…and its extremely “ERUDITE” posters.


  34. A wee tug on your Jersey Shore.(via Philly)
    Celtic’s Dylan McGeough ran Jinky like Olympic rings aroon The Real Madrid the night.
    Sevco’s Dingbat McCoist ruined his last jakey Chance at stardom at Peterhead Today.
    Sally bats his red ringed eyelids only for investing Billionaires.


  35. Ranchofranco says:
    August 11, 2012 at 20:09
    8 0 i Rate This

    Traynor’s long slug trailled path has finally slithered and perhaps careered to it’s natural conclusive state. A Newco Sevco struggling in the 4th tier, their geographical status in the realm of National consciousness relegated below the daily BBC broadcast weather reports of impending tempestuous conditions afflicting Rockall et all.
    Sonsorious then, Sleeping now, Nightmares Forever
    ===================================================================

    Rancofranco…there is a poet in you waiting to be released…but please don’t look at me…I only write prose…!

    Night night…nightmares do not hit the good guys!


  36. john clarke says:
    August 11, 2012 at 13:20

    However, the fault lies, I think, with the looseness and vagueness of the Law.

    Almost everything is down to ‘opinion’. And, all other things being equal, the ‘reasonableness’ of their opinion is a matter of opinion!
    =========
    I agree that the law, which in the end is just words, must be interpreted, and that is the job of the judges. I also accept that the whole ethos of company law in the UK is very forgiving towards “business” in its widest sense. Perhaps less so than the USA, but certainly more so than in many continental jurisdictions. Something to do with the difference between Common Law and Roman Law, which makes me think my Latin teacher was right to say that Latin was a much more exact language than English.

    But these interpretations by judges must surely be consistent. It cannot be right that any productive enterprise which enters administration is forced to balance its books from day one, regardless of the human cost, whereas a wholly parasitic organisation is allowed to carry on spending creditors’ money (for that’s what it is at that stage) effectively as if nothing has happened.

    This is, of course, down to the Administrators in the first instance, but they are ultimately officers of the court, and so ultimately, responsibility lies within our judicial system. So yes, the law of insolvency is as the judges interpret it to be, but still my question remains- why is this football club allowed such lenient treatment compared to ANY other organisation which has gone into administration? I have been involved in a fair number of insolvencies over the years (in England, admittedly) and I have never seen anything like this. Has anyone else? Is this standard practice in Scotland? And if not, why the special treatment?

    And a word to Essexbeancounter, yes, my Latin was literally hammered into me at St Mungo’s in the 60’s. We may all three be members of the “tardy host”, our names inscribed in dusty notebooks long since interred in a Glasgow landfill. Something for “Time Team” to scratch their heads over in 500 years time! Sorry, wildly OT.


  37. Just to remind folk a big game in Glasgow today. Thistle 3- Falkirk 1. Terrific game, both sides attacking all the time and good football. Thistle won by way of better finishing, a terrific save from our goalie and an amazing goal-line clearance. Crowd just under 3,5000 about 1,000 up on our average in recent seasons. Glorious sunshine and great hilarity all round at the announcer reading out scores describing Peterhead’s opponents as “Sevco or whatever they’re called”.


  38. Essex beancounter says:
    August 11, 2012 at 20:08
    ‘…..but whatever your chosen vocation in life is/was, I am sure that you have missed it!’

    I wanted to write posts for a blog 🙁 !!


  39. Oooops, 1 too many zeros, our crowd was only c. 3,500 unfortunately.


  40. I see that the MSM spin on the Sevco result was that they were held by Peterhead. Considering that Sevco equalised in the 90th minute it should actually state that they salavaged a barely deserved draw. Can’t they report anything acurately or impartially at all? Is this what we’ll have to put up with for the whole season?

    Why bother looking at anything in the MSM anymore.


  41. Essex beancounter says:
    August 11, 2012 at 20:34
    =========================================================================

    Actually, the M&S grav is quite good. Made in Annan and gets a four day cure.
    Mike Ashley was reported to be a major investor in Kaupthing, with some of his ‘associates’ getting mates rates on huge loans. Knacker looking into their laundry, I believe.


  42. Essex beancounter says:
    August 11, 2012 at 20:26

    Guys…my Higher Latin allows me to understand the erudite (that word again!) and the basics of Scots Law, or its lack of adherence, on this site.
    But, Greek mythology…oh me miserum. !..I see the “Consul” turning in his grave…again!
    ———————————–
    ———————————–

    Sorry for Greek bit but I can’t get the picture of the stables and and the dung out of my head!!
    …… and all of us sorting the Clyde and shouting:

    “It’s better to die upon your feet than to live upon your knees!”
    Emiliano Zapata, Dolores Ibarurri et al.


  43. Neil McCann before the RFC Tribute Act game, he was talking about EBT’s and trophies. He insisted that there was no advantage, the players couldn’t run or jump faster, they all trained hard and some other words of wisdom. Why didn’t someone just turn around to him and explain, the players he trained with WERE able to jump higher, run faster and score more goals then the players he SHOULD have been training with. They cost more for those very reasons. You spend more money, you get a higher quality of player. Very simple.


  44. Superb that there was no complaints of any sort from the match at Peterhead today,no french biggoting singing ,copyright [CG] locals happy ,town made money,local police no issues.

    Way to go


  45. The five stars are a bit embarrassing at the moment though, are they not? A bit like all those medals that prince Charles wears, or the epaulettes on a tinpot dictator. They smack more of desperation and a bit of flash to boost the ego than being connected to anything in reality


  46. A database / spreadsheet of issues

    After a nice afternoon listening to football, and awaiting the BBC Alba repeat, had a go at a google docs spreadsheet to try to record stuff worth monitoring.

    It was a bit of a faff with an ipad, but here’s a first attempt at an open document. Its open to editing by anyone who clicks on this link / copies in into a web address bar. No need to be registered with Googledocs to access it. Thanks to the poster for the tiny url site information. It should work on mac, pc, iphone or android, according to Google.

    http://tinyurl.com/95adxoc

    Its a bit basic and obviously open to malious editing, but its up for discussion,comment and improvement. Maybe a moderator could archive it now and again for posterity / accuracy.

    Here’s hoping the link works for everyone, it did for me but as the author it maybe would anyway.

    If it works, maybe someone should try populating it?


  47. Excellent post Paul, and congrats on popping the blog’s guest-post cherry! 🙂


  48. Could the next ground maybe play a song from that old 1980s group 5 Star as they stumble from the tunnel?


  49. One of the side-effects of moderation! No idea what happened there. Sorry.


  50. Captain Haddock says:
    August 11, 2012 at 22:23

    Thanks Captain Haddock, this suits the purpose and well done for the time you’ve taken.


  51. jammy dodger says:
    August 11, 2012 at 21:19
    ‘…why is this football club allowed such lenient treatment …./
    —-

    Lenient treatment by the Courts?
    Well,as I suggested, I don’t think they do.

    On the face of it ( and leaving aside the seriously fundamental question of whether they were improperly ‘conflicted’ at the outset) everything that D&P have done would appear to be within the law.

    They were duly ( eventually!) appointed with appropriate backdating; they got a clear statement of how they stood in relation to the Ticketus debt and other non-secured debts; they touted around for buyers of the business as a going concern; they set up the CVA , which was not acceptable to the creditors; they then sought liquidation, but had arranged exclusivity for a bid for all the assets , and sale of same, as a whole rather than in separate bits.

    We all held up our hands in amazement , because we smelled a rat. We suspected their motives. We sensed conspiracy.

    But no one could actually point to any breach of insolvency law. D&P have covered themselves. Everything was done, in their opinion, to fulfil their Administration duties. Their valuations too low? Not in their opinion. Their acceptance of CG too ready? In their opinion, no. He was, in their opinion, the only or best bet. Their granting of exclusivity to CG? Perfectly justified, given all the fannying about by all the other weaselly shysters!

    And it’s probably the case that D&P have not even acted in a way that their professional body would be able to censure! They might be viewed with distaste as sailing close to the wind.Maybe. But not in a way that would make them liable to charges of unprofessionalism or incompetence.

    So, nothing for the Courts to get involved in, no occasion to exercise either leniency or severity. ( Except the ‘conflict of interest’ matter’, in due course).

    If, on the other hand, you ask whether there has been lenient treatment by the Football authorities, then the answer has to be yes. As is acknowledged by anyone outside the bunkered world of Ibrox.

    As to the ‘Reasons why’?

    Some would put it down to ordinary self-interest. People don’t want to lose money and influence and social prestige. They will unhesitatingly cheat and lie and threaten and bluster to make sure they don’t, and will use whatever levers of influence they have..

    Others would suggest deeper, more fundamentaly uglier, reasons.

    In either case, there is a strong belief that the ‘leniency-demanders’ have some kind of tribal, stone-working/fruit growing levers by which they can and do bring influence on ,for example, certain politicians, certain print -media people, certain editorial policy-makers in BBC radio Scotland, and certain people in other areas of civic life.

    Like what their faithers and grandfaithers had.


  52. So, is Sally now targetting a place in the playoffs? 🙂

    / Red Lichtie


  53. Brian McNally
    ‏@McNallyMirror
    Sad to say that some lunatics are tweeting they hope Dylan McGeouch of #Celtic is paralysed.No prizes for identifying who they support.#sick


  54. Great start to TSFM. But…..

    I p@shed myself at some of the posts on here apres SDM’s soliloquy, smiled at the wisdom, candour, troll-bashing, patch-ups, and utterly enjoyed the NETWORKING OF FACTS.

    But there has been a sadness in me that, brilliant though the blog is, it will fail, ultimately. How can we beat the ‘establishment’? It aint gonna happen. (O me miserum.) Lol.

    I logged on here twice today. Saw all the ‘road signs’ put up by football fans to help the Nomads find Peterheid.

    Then read about some of the announcements at grounds around Scotland, where sevco were ridiculed, and, by all accounts, whole football stadiums fell about laughing.

    How do you say, “I needn’t have worried”, in Latin?


  55. TW (@tartanwulver) on August 11, 2012 at 22:22
     9 0 Rate This
    The five stars are a bit embarrassing at the moment though, are they not? A bit like all those medals that prince Charles wears, or the epaulettes on a tinpot dictator. They smack more of desperation and a bit of flash to boost the ego than being connected to anything in reality——————————————————————Absolutely spot on! And as is there want tin pot dictators make up there own reasons for awards and medals just like the five stars on the training top today when an honest mistake was made in the colour of strip clash ..ahem!! One star per World Cup or the Big Cup perfectly valid any club awarding themselves stars outwith these achievements transparent desperado’s indeed!


  56. Accuracy is the twin brother of honesty; inaccuracy, of dishonesty.
    Nathaniel Hawthorne


  57. Sell Out Saturday
    From all accounts this was a success with reasonably high turnouts at grounds.

    Just about as succesful as the not so well advertised Sell Out Summer, when the football authorities did a number on sporting integrity, selling their souls for Sevco gold.

    Yep, i’m bitter and twisted, and reasonably proud of it too.


  58. Great to see RTC’s ripples continue, congrats on the new site.
    Kudos again to Mr S. Cosgrove for naming and “shaming” us Internet Bampots.
    Guys and Gals, we have witnessed/driven events beyond our expectations. As long as we continue to refuse to accept the Great Scottish Football Establishment Swindle, we, hand in hand with truth and justice, shall see ………………………..It’s our call fellow bampots……..they can dress up as 5 star/sham winners all they like, TRUTH WILL PREVAIL.

    KEEP THE FAITH!


  59.  bangordub on August 11, 2012 at 23:41
     0 0 Rate This
    Are there any decent fans left in that part of Govan?
    Brian, do you have a link to that?
    ———

    One sick guy:

    @stevenwatp2: Hope #mcgeough is destroyed paralaysed from waist down GIRFUY #celticfamily


  60. Earlier today I posted that I was taking my son to a game, which I thought may be the last that I ever attended.

    I’m still unsure, and I’m still torn as in what to do, and I’m sure I’m not alone here.

    How can I finance, and be part of a game and a football association that I have come to despise by their actions. How can I support a game that is quite simply, and unashamedly unjust.

    But then, how can I walk away from the game & the team that I love, and have spent over 40 years investing in, both emotionally and financially.

    They know that we all face this quandary, and they’ve gambled their basterd existence on the fact that none of us do walking away.

    I didn’t have a lot of time for any of them before all this, but bye Christ I hate them now, for forever tainting one of the things that I have held most dear.

    Whether I return to the game or not is still very much up in the air.
    Whether I continue to write at least one e-mail of objection every day, to whomever it may concern, is not.
    If I do go down, I’ll go down, screaming like a banshee.


  61. bestdressedchicken says:
    August 12, 2012 at 01:08
    0 0 Rate This
    Earlier today I posted that I was taking my son to a game, which I thought may be the last that I ever attended.

    I’m still unsure, and I’m still torn as in what to do, and I’m sure I’m not alone here.

    >>>>>>>>>>>>>

    You are certainly not alone; I was close to tearing my season ticket to shreds, pending any number of decisions, during the last few months. I think it is very important that football continues to be supported, with the hope that ultimately the “silent” majority view of supporters across Scotland wins out.

    Already, supporters have stopped Sevco in the SPL, and also in SFL Div !, backed up by Directors at SFL clubs. Keep going, and….

    Carry on Screaming ! 🙂


  62. Best line of the day:

    “Rangers will be spinning in their grave after that result.”

    Courtesy of KDS.


  63. CaptainHaddock,

    Googledoc looks good – I added a little data in just now, so check its visible to others.

    I also added a tab for ‘media falsehoods’ so we can record all the times that the media misreport the facts. Also added a field for the URL of the report so that we can reference what people are posting to a real event.

    If you want help managing this let me know – I believe there is ways to ‘moderate’ submissions before they take effect. You can also go back to previous versions should someone try and sabotage it.

    I have found spreadsheets I have posted in relation to articles on SaintinAsia are quickly ‘changed’ by the followfollow and RM brigade.


  64. Jim Traynor’s performance on the radio today was intriguing. It seems he is trying to be more balanced, it’s finally dawned on him that RFC are no more. He went through the stages of grieving and now his survival instincts have kicked in. Celtic sending Keevins to the naughty step seems to have caught Traynor’s attention!.


  65. Guys.

    Im of the opinion that a very deliberate attempt at pheonixism is at play, its so obvious. Now can any experts give opinion on why would this be happening, and given the individuals ansd organisations who seem to be involved, who is holding the aces, and who benefits while a deliberate and public scandal is played out.

    Or am i just a bit too drunk.


  66. Its either an obvious attempt to wind up creditors and hector, or a deliberate declaration that rangers will survive through sheer bloody mindedness to never surrender.

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