der Berliner 3,267 Posted June 5, 2012 Share Posted June 5, 2012 Amidst all the bad publicity we suffered from our impartial press, one FFer had a look at other court cases against the SFA who, well see for yourself: The Club has had a lot of negative press for bringing the successful judicial review application. The attitude of some of the press seems to be that this action was beyond the pale, has created an unprecedented threat to our game, and that Rangers must suffer the consequences. I wondered if this was true, and thought Iâ??d have a look for other instances where the SFA have been taken to Court by a club or someone else under their authority. Iâ??ve listed 4 such cases below. I donâ??t know if this is an exhaustive list, but these are all the cases Iâ??ve found so far. (I've not gone into very much detail about the facts of the cases as these aren't important in this context.) The first two cases no doubt predate the FIFA prohibition on bringing cases before the ordinary courts and so are of little relevance. The latter two are perhaps more relevant however. 1. Renton Football Club v Scottish Football Association 1891 18R 670 I donâ??t have access to these reports at the moment, so havenâ??t been able to check out the details of this one 2. St Johnstone Football Club Limited v Scottish Football Association Limited 1965 SLT 171 St Johnstone brought an action against the SFA seeking declarator that a censure and fine which had been imposed upon the club was ultra vires and of no force and effect. St Johnstone were successful in their judicial review application. 3. Dundee United Football Co Ltd v Scottish Football Association 1998 SLT 1244 Dundee United petitioned for judicial review of a decision of the appeals committee of the Scottish Football Association. United had terminated a playerâ??s contract. The player appealed to the SFL. The SFL found in favour of the player, without giving reasons for that decision. United then appealed to the SFA seeking a remit to the SFL with an order that reasons for the SFL decision be given. The SFA appeals committee dismissed the appeal. United then sought judicial review against both the SFL and the SFA. Dundee United were successful in their judicial review application 4. Kevin Fotheringham for judicial review of SFA Discipline appeals tribunal [2008] CSOH 170 Following a game between East Fife and Stranraer, Fotheringham was said to have made a racist remark to Gregory Tade. He was charged with â??unacceptable conduct,â? and found guilty at the disciplinary hearing. He was suspended for 8 matches. He appealed but the Appeals Tribunal refused the Appeal. Fotheringham then sought judicial review of the decision before the Court of Session, alleging bias. The Court heard the case but he was unsuccessful. (As an aside, The same QC acted for the SFA in this case as did in ours.) Some initial questions: Did FIFA push for harsh punishments against Dundee United and Kevin Fotheringham under threat of expulsion of the national team etc? Was there a campaign of press outrage at United and Fotheringhamâ??s temerity in taking their cases before the Court and thus risking other teamsâ?? involvement in European competition etc? And, were United and Fortheringham ultimately served with additional disciplinary proceedings for taking the matter before the Court? Next stop, Scotland's very own national manager Craig Levein while being at Hearts ... The saga then moved to the courtroom as the manager successfully applied last week to the Court of Session for an interim interdict allowing him to continue coaching from the sidelines. In his judgment Lord Macfadyen said the SFA's rules did not make it clear that they had the power to increase fines and he declared: "I accept the prohibition would gravely affect Mr Levein's ability to carry out his duties as manager in the way he would wish." Levein, throughout it all, has kept his own counsel but it appears that, aside from his original dismay at the referee, he was further infuriated by the appearance of Kilmarnock's manager Jim Jefferies in the official's room at halftime even though he was banned from the dug-out. Through all its history the SFA has handed down punishments to the great and good of the game including such luminaries as Jock Stein, Willie Waddell, Billy McNeill, Jock Wallace, Alex Ferguson, Jim McLean and Graeme Souness and, while those managers did not necessarily agree with what had been decreed, none at any time challenged the decisions the way Levein has. 0 Quote Link to post Share on other sites More sharing options...
andy steel 0 Posted June 5, 2012 Share Posted June 5, 2012 Good stuff. Well dug up that FFer. Doubtless an Orwell Prize awaits. As an aside to this, I was wondering this morning, as I munched my roll and slice, whether Hearts were charged with bringing the game into disrepute when one of their fans assaulted Neil Lennon. I feel sure they must have been; what was the punishment, one wonders, and was it equal to those facing us? Given Hearts are neither banned from the SC, suspended nor expelled, one must assume any punishment they received was less. Physical violence is more acceptable than not paying tax to the SFA. An odd situation. 0 Quote Link to post Share on other sites More sharing options...
Juancornetto 1 Posted June 5, 2012 Share Posted June 5, 2012 If Neil Lennon and his clubs consistent intimidation and questioning of referee's leading directly to a referee strike two seasons ago wasn't bringing the game into disrepute then I really fail to see how anything we've done can be seen as worse. We had to get foreign referee's in to keep the league going ffs. Why was there never an investigation into why they went on strike? More should have and probably still should be made of this, it's been swept under the carpet so well that there's no lumps left to see. 0 Quote Link to post Share on other sites More sharing options...
biggordy 0 Posted June 5, 2012 Share Posted June 5, 2012 How do you interpret this?? The referee does nothing while big Dunc ends up in prison!!! 0 Quote Link to post Share on other sites More sharing options...
Gazza_8 233 Posted June 5, 2012 Share Posted June 5, 2012 What's the point in the SFA making decisions? More often than not they get overturned. 0 Quote Link to post Share on other sites More sharing options...
Zappa 0 Posted June 5, 2012 Share Posted June 5, 2012 If Neil Lennon and his clubs consistent intimidation and questioning of referee's leading directly to a referee strike two seasons ago wasn't bringing the game into disrepute then I really fail to see how anything we've done can be seen as worse. We had to get foreign referee's in to keep the league going ffs. Celtic brought Scottish football into disrepute out in Italy last year at the game against Udinese with their massive "FUCK UEFA" banner, illegal pyrotechnics and fighting with stewards. Their only punishment was UEFA fining them 20 grand, a sum that would have been appropriate for the illegal pyrotechnics alone considering what other clubs have been fined for such rule breaches in European competitions. Did the SFA punish them for bringing the game into disrepute with their "FUCK UEFA" banner? Nope. Why not? Did they get off with it because Celtic FC claimed it was "jist juan guy"? 0 Quote Link to post Share on other sites More sharing options...
Guest superrcooper7 Posted June 5, 2012 Share Posted June 5, 2012 Great point zappa, but they have been getting away with it for years. Can't remember who posted it, but also agree re the point about more or less causing the referee strike becuase of their constant complaining. 0 Quote Link to post Share on other sites More sharing options...
mitchellenman 0 Posted June 5, 2012 Share Posted June 5, 2012 Excellent points by Juancornetto and Zappa. How on earth did they get away with the referee strike, because lets face it, it was the actions of one club only that resulted in having to get foreign officials in. Just imagine the punishments handed down if it was us that caused a referee strike! 0 Quote Link to post Share on other sites More sharing options...
Guest cail Posted June 5, 2012 Share Posted June 5, 2012 If Neil Lennon and his clubs consistent intimidation and questioning of referee's leading directly to a referee strike two seasons ago wasn't bringing the game into disrepute then I really fail to see how anything we've done can be seen as worse. We had to get foreign referee's in to keep the league going ffs. Why was there never an investigation into why they went on strike? More should have and probably still should be made of this, it's been swept under the carpet so well that there's no lumps left to see. All the while in a pre season masquerade among their support hyping up and creating a "siege mentality" in their approach to ALL things to do with decisions that would go against them. They got away with that nonsense then and they are still getting away with it to this very day and not one journalist has the balls to speak about this. "Just go after Rangers as they are an easy mark and besides Mr. Lieswell wants it that way" Corrupt to the core. 0 Quote Link to post Share on other sites More sharing options...
Guest Dutchy Posted June 5, 2012 Share Posted June 5, 2012 It's not only causing the action of the strike, but didn't septic go to court as well, to reduce lemon's ban. Or rather get a ruling on whether they were to be consquetive, or concurrent. Was that not where the previously unknown Paul McBride became a national figure. I thought they went to court, but obvioulsy they didn't. Did they just threaten to go? With Regan and his mates in place at the SFA, it didn't need to be a very tough threat. 0 Quote Link to post Share on other sites More sharing options...
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