Scotland...Brace yourself

[D'Artagnan 173]

Imagine, just for a moment, the investigation into Rangers use of EBT's and the allegation of side payments, was not being undertaken by legal firm Harper MacLeod. Let us instead imagine that such investigation is being undertaken by a legal firm with a long standing favourable connection to Rangers.

 

Imagine further this legal firm saw fit to use the Rangers chief executive, and his personal testimony, to enhance the reputation of that company on their website.

 

I ask you to extend your imagination further to include a revelation that one of the partners undertaking the investigation had actually written the SFA articles and regulations, an alleged breach of which, was subject of that very investigation.

 

And then it was revealed that this said partner had stood up at a meeting in frustration and shouted at the other SPL members present that Rangers were innocent.

 

Furthermore that the list of sanctions or punishments being considered should Rangers be found guilty, were far less severe and less punitive than anything handed out to clubs before.

 

But now let your imagination run riot. With a revelation that the authorities undertaking this investigation had already declared Rangers not guilty without even charge or hearing.

 

And now the last bit of imagination. Can you imagine what the reaction would be to the foregoing ?

 

Let me help.

 

“Whitewash”. “Cover Up”. “Corrupt” “Conflict of Interests”.

 

And quite rightly too.

 

And yet, with a slight alteration to the characters, but not of course the facts, this is exactly the scenario faced by Rangers FC and their supporters.

 

It may come as a surprise to those outwith the Rangers support, that within our support there is a considerable desire and determination to see the truth come out. Rangers supporters, more than anyone else, want to know if one of our former owner's embarked on a course of action which showed utter disregard for the laws of the land, the laws of our game and the reputation of our club. The consequences which of course made our club virtually unsaleable, except to an individual whose stewardship brought it to its knees.

 

The problem is that the SPL hearing process is now so flawed its not only the Rangers support who have no confidence in it, but the club themselves who have refused to participate in the process. The smart money is on any result of Lord Nimmo's panel being challenged by Rangers via the courts of our land. I have little faith in this course of action furnishing us with the truth either however.

 

Once the Rangers legal team present the facts surrounding this whole investigation, I am of the firm opinion this will become a feeding frenzy for the press, but the spotlight will not be on our club but the many legal irregularities and questionable actions and conduct of the SFA and SPL throughout this process.

 

James Traynor's revelations this week have not helped matters either. His comments this week appear to suggest there were a whole host of payments to players in Scotland in “creative schemes” designed to avoid paying tax. All legal of course, but they appear not to have been declared to the Scottish Football Authorities as payments – the same charge levied against Rangers.

 

Rangers fans are seeking the truth, alas, it may be a long time coming. But we are also seeking justice. Equality before the law is a fundamental principle of both Scottish and European Law. If as Traynor alleges there are other instances of non-declared payments to players then the SFA and SPL are duty bound to investigate.

 

My fellow blogger Bill McMurdo recently described this scenario as being akin to the opening of Pandora's Box. Of course once Pandora opened the box there was no going back and despite her efforts to shut it, all manner of disease and pestilence had been released.

 

On closing it again the only thing Pandora managed to retain in the box was hope.

 

But Rangers fans will not hope the governing football authorities in Scotland administer justice with a full and thorough investigation into all undeclared payments to players.

 

We will demand it. And we will not stop demanding until we get it.

 

Scotland brace yourself.... a hurricane is coming.

Edited October 3, 2012 by D'Artagnan

[andy steel 0]

I hope so, for it will be needed to blow away the shadows and fog. But I fear that those with most to gain from keeping schtum will work out some sort of agreement which leaves us none the wiser until about 2077.

 

As usual, it is the fans who will suffer most.

[Zappa 0]

Just published this one for you D'Artagnan. Another great read!

 

http://www.gersnet.co.uk/index.php/latest-news/84-scotland-brace-yourself

[aweebluesoandso 290]

I'm looking forward to our day in the Court of Session.

[Juancornetto 1]

I'm not so sure that it will happen like that, if I've learned anything this past year or so it's that justice has no real place in modern society. Money and power corrupts; absolute power corrupts absolutely.

[forlanssister 3,050]

 

I ask you to extend your imagination further to include a revelation that one of the partners undertaking the investigation had actually written the SFA articles and regulations' date=' an alleged breach of which, was subject of that very investigation.

 

[/quote']

 

Was it not the Pink QC who rewrote the SFA articles and regulations while Rod McKenzie of Harper McLeod rewrote the SPL rules in order to prosecute (perhaps persecute would be more accurate) us?

[amms 0]

Nice piece, thanks.

[DUDE 0]

Tremendous read once again, cheers. Couldn't agree more, it is all a kangaroo court from start to finish and we all know it. I'm faithful Rangers support can and will do what we can about it and make an impact.

[Mountain Bear 0]

Interesting excerpt below from a 2004 interview with Rod Mckenzie of Harper MacLeod, taken from the Firm magazine. Gives a good insight into the guys modus operandi and how he might have approached the Rangers assignment. The piece was titled "Natural born killer"...

 

He says: “Typically, in a litigation, I will make a very early decision about strategy for the case. I think, ‘This is how I will get a result for my client in this case.’ That strategy can involve a number of different elements. It can involve issues of fact, where we may have very strong evidence of fact or good documentation. It could involve a legal point, where we isolate that point and set out to get a victory on that alone. It could also be that the other side is weak, either because it is not well represented or because it hasn’t got much money. It can sometimes be because the other party needs an early settlement as they need the cash quickly to move their business on. Occasionally you play out certain cases in the glare of publicity but you only use the media to win the right sorts of case.

“You pull all of those things together and then ask what it is that the client actually wants to achieve here. That must always be your primary driver. For most business people, they want to be able to go away and make money; they don’t want their resources to be diverted into a large litigation that will be drawn out over a long period of time.

“The critical thing about winning litigation is to have a strategy and to drive forward with that. That does not mean to drive forward blindly and if new things turn up in the case you ignore them just because they don’t fit with your predefined strategy. It is easy in the early days to get a bit woods and trees about litigation, as some solicitors think that they have to get this statement, that statement, this documentation from him, that documentation from them and so on. You have to stop and think, ‘What are we trying to achieve here?’”

 

I wonder who he sees the client being in our case?

Edited October 4, 2012 by Mountain Bear

[Mountain Bear 0]

You'll note, by the way, that in litigation, getting to the truth isn't a high priority it would appear.....