Jump to content

 

 

SFA Charges: Preliminary Tribunal Hearing Outcome


Recommended Posts

5 minutes ago, buster. said:

If I've learnt one thing from the past 6 years, it's that predictions, speculation and guessing on legal matters and what may happen serves as much of a purpose as t1ts on fish.

 

:D

The SFA statement is not clear. It has not specified the reasons for Rangers challenging the jurisdiction. 

The fact that it has, apparently, conceded Rangers' argument is interesting. 

I'd love to see the paperwork.

 

Link to post
Share on other sites

12 minutes ago, Uilleam said:

The SFA statement is not clear. It has not specified the reasons for Rangers challenging the jurisdiction. 

The fact that it has, apparently, conceded Rangers' argument is interesting. 

I'd love to see the paperwork.

 

We don't know how the JPD Tribunal was made up.

I think I mentioned this at the time of the charges being brought and posted a link regards to SFA Articles wrt it.

I'll look back at the thread in question.

 

Edit.

Thinking about it, it was more We don't know how the JPD Tribunal was going to be made up.

 

Unless the SFA used the same for the Prelimminary Hearing as they had planned for the Principal.

-------------

See what I mean about serving for little :D

Edited by buster.
Link to post
Share on other sites

@Uilleam

 

SFA JUDICIAL PANEL PROTOCOL 2017/2018

 

https://www.scottishfa.co.uk/media/1823/judicial-panel-protocol-2017-18.pdf

 

 

------------

 

Seems to provide various options including

 

8.4 Power to appoint clerk, experts etc.

8.4.1 In exceptional cases, in addition to the Tribunal Secretary, a Tribunal may, subject to the prior consent of the Secretary in respect of cost, appoint an additional clerk (and such other agents, employees or other persons as it thinks fit) to assist it in conducting proceedings.

 

8.4.2 In exceptional cases and subject to the prior consent of the Secretary in respect of cost, the Tribunal may obtain assistance from an expert to provide his opinion on any matter(s) arising from proceedings.

 

8.6.5 A Tribunal consisting of a single legally qualified person, who is a solicitor or advocate or member of the judiciary (Sheriff Court or Court of Session) of not less than 10 years’ standing (including cumulatively in a combination of the said functions), may be appointed by the Judicial Panel Secretary for the consideration and Determination of representations made under Paragraph 14.10 opposing the suspension of a Determination pending appeal.

Link to post
Share on other sites

The Glasgow club's legal team has successfully argued that the issues surrounding the licence for the 2011-12 season would need to be dealt with by the Swiss-based court under the terms of the five-way agreement, which allowed Rangers to continue playing in 2012..............

 

https://planetradio.co.uk/clyde/sport/football-news/sfa-will-have-to-go-to-court-of-arbitration-for-sport-over-rangers-uefa-licence/

 

 

@Uilleam

 

 

Edited by buster.
Link to post
Share on other sites

8.2 Power of Tribunal to rule on its own powers and to deal with objections in respect of jurisdiction and powers

8.2.1 The Tribunal may rule on

8.2.1.1 Whether the Tribunal is properly constituted;

8.2.1.2 Whether the Tribunal has jurisdiction to Determine the Case(s) referred to it;

8.2.1.3 The precise nature of the Case(s) referred to it;

8.2.1.4 The extent of its powers.

 

 

Link to post
Share on other sites

Just now, buster. said:

The Glasgow club's legal team has successfully argued that the issues surrounding the licence for the 2011-12 season would need to be dealt with by the Swiss-based court under the terms of the five-way agreement, which allowed Rangers to continue playing in 2012..............

 

https://planetradio.co.uk/clyde/sport/football-news/sfa-will-have-to-go-to-court-of-arbitration-for-sport-over-rangers-uefa-licence/

 

 

The SFA may have contracted out of the ability to bring a case against Rangers. 

So sharp, they all cut themselves. 

Link to post
Share on other sites

The Scottish Football Association will have to go to the Court of Arbitration for Sport to pursue a case against Rangers for an alleged breach of rules over a UEFA licence.

The Ibrox legal team successfully argued that the issue would need to be dealt with by the Swiss-based court under the terms of the five-way agreement, which allowed Rangers to continue playing after the club was consigned to liquidation in 2012.

The SFA board will now have to review the findings and decide whether to take the case to the Lausanne court.

Rangers were hit with two charges in May relating to complying with UEFA rules, observing the principles of sportsmanship and “behaving towards the Scottish FA and other members with the utmost good faith”.

But the club refused to accept the notice of complaint and successfully argued at a preliminary hearing last month that the issue constituted a dispute under the terms of the five-way agreement between the SFA, oldco and newco Rangers and the two merged leagues.

Under the agreement, any disputes relating to historical matters need to go to CAS........

An SFA statement read: “This preliminary issue raised by Rangers FC challenged the jurisdiction of the Scottish FA’s Judicial Panel Disciplinary Tribunal to hear the case, and contended that the notice of complaint must be determined by the Court of Arbitration for Sport.

“Having received submissions on 26 June the Judicial Panel Disciplinary Tribunal have issued a decision upholding the preliminary issue raised by the club.

“The Judicial Panel Disciplinary Tribunal proposes to continue consideration of the complaint until parties consider next steps and terms of reference for any remit to CAS.”

The SFA board and compliance officer will now need to weigh up the costs involved and whether the case sets a precedent before deciding whether to proceed.

The issue centred on when oldco Rangers accepted liability for a £2.8million bill from Her Majesty’s Revenue and Customs – the so-called ‘wee tax case’.

The SFA opened an investigation into the controversy following evidence from former directors during a court case in which former Rangers owner Craig Whyte was cleared of several criminal charges.

In a letter to member clubs in September last year, the SFA wrote: “On the face of it, there seem to be contradictions between those statements and written representations made at the time.

“In 2011, Oldco indicated there was an ongoing dispute with HMRC, but the evidence in the Craig Whyte trial suggests that Oldco knew by early 2011 that it had no defence to HMRC’s claim.”

It is understood the charges relate to the “monitoring period” after Rangers were granted a UEFA licence on March 31, 2011, and hinge on when the debt became overdue.

Rangers declared in May that they would “fiercely resist” the charges and accused the SFA of being “intent on harming the game”.

And they have now called on the governing body to move on as it contemplates whether to proceed with what could be an expensive litigation process.

A club statement read: “Rangers has always been clear about the futility of this action and hopes the Scottish FA will now put the matter to bed and agree to move on and concentrate on the development of Scottish football in the interests of all members of the SFA.”

 

 

 

http://sport.bt.com/football/sfa-must-go-to-cas-to-pursue-case-against-rangers-over-uefa-licence-issue-S11364284611735

Edited by buster.
Link to post
Share on other sites

Join the conversation

You can post now and register later. If you have an account, sign in now to post with your account.

Guest
Reply to this topic...

×   Pasted as rich text.   Paste as plain text instead

  Only 75 emoji are allowed.

×   Your link has been automatically embedded.   Display as a link instead

×   Your previous content has been restored.   Clear editor

×   You cannot paste images directly. Upload or insert images from URL.

  • Recently Browsing   0 members

    • No registered users viewing this page.


×
×
  • Create New...

Important Information

We have placed cookies on your device to help make this website better. You can adjust your cookie settings, otherwise we'll assume you're okay to continue.