Killie’s Johnston ignores consent rights of victims

114

We have lots to do today so I’m not going to waste much of your time on the nonsense spouted by Kilmarnock chairman, Michael Johnston, yesterday, but it is important to respond to his claims.

After confirming Kenny Shiels will remain Kilmarnock manager next season Johnston said:

“As a solicitor, the difference between a CVA and a sale of the assets by the administrators to a new corporate entity doesn’t really have much of a difference for the creditors.”

The difference is consent.  Creditors consent to a CVA, they do not consent to the establishment of a new corporate entity.  Mr Johnston can speak as a Rangers fan or Kilmarnock chairman all day long without fear of contradiction, but if he speaks as a solicitor, he really should respect the weight the law gives to consent.

In law, acting with or without consent can be the difference between jail or freedom.

Johnston goes on to say:

“It is the same amount of money that’s going to be available to the creditors at the end of the day by and large.”

Yes, the same amount of money that has been declined by creditors.  Offering them this cash when they have already refused it, and pretending they should have no concerns is crass stupidity.

He adds:

“But there are legal differences and what people have to bear in mind is that a football club has always been viewed by the football authorities as being something separate from who owns the football club.”

In the history of Scottish football this has never, ever, ever happened.  Third Lanark, Airdrieonians, Gretna, all failed to reach agreement with creditors, all went out of business.   When Mr Johnston said “always” he should have said “never”.

And Mr Johnston, please remember, acting with a financial or other type of victim’s consent is good.  Acting without a victim’s consent is very bad.  Trying to equate these two scenarios is disgusting.

You can buy a hard copy of the new issue of CQN Magazine via Magcloud here.

The graphic below is just for a flick through, to read the magazine go here to it’s dedicated site.

Click Here for Comments >
Share.

About Author

114 Comments
  1. Pages:
  2. 1
  3. 2
  4. 3

  1. A first first and i read the article before posting.

     

     

    No punches pulled there Paul and more to come today by the sounds of it?

  2. send him the figures his club has lost..

     

     

    they missed out on top 6 this year because of cheating…

     

     

    clown..I hope his team go next…

  3. that is why i hate the fact that this club make money from our fans they are as bad as that other lot

  4. Johnston seems to be following the Doncaster route of ‘smoke and mirrors.’

     

    Unfortunately his attempts to ingratiate himself with the brethern is very transparent.

     

     

    Off work sick, hate that but looking forward to the BBC prog later. Don’t think I’ve said that since Grange Hill days.

  5. up_over_goal on

    Paul67

     

     

    I wonder how financially troubled Kilmarnock’s bank would react to the precedent of an SPL club ditching debt via a Newco?

     

     

    It must be depressing being a Kilmarnock fan, knowing that even your Chairman’s loyalties lie elsewhere.

  6. First Doncaster, now Johnston.

     

     

    Is crass stupidity a prerequisite to becoming a solicitor?

  7. merseycelt lmfao as the big house door slams shut on

    At your forensic best, again, Paul.

     

     

    The issue of consent is paramount in legal, health, education and business fields but, obviously, is of trivial import within Scottish football circles.

     

     

    The circus continues!

     

     

    HH

  8. macjay1 for Neil Lennon on

    Awe_Naw_No_Annoni_Oan_Anaw_Noo on 23 May, 2012 at 09:25 said:

     

    macjay1

     

     

    Silly me.

     

    My mistake.:-)

  9. The guys a joke , why is he and others allowed to spout untruths without being pulled up. The reporter (?) doing the interview could at least question his stance , but no he’s allowed to do his – we must save r****** routine without contradiction .

     

    I wish we could get out of here and let them all rot in their cheating wee league.

     

    Hail Hail

  10. up_over_goal on 23 May, 2012 at 09:43 said:

     

     

    Took the words out of my mouth. So much BBC stuff is bought in from 3rd party production companies now, that any bias will start to be eroded. It’s also worth remembering that the BBC is chasing viewing figures just like every other station, so it’s no longer the bastion of sober-minded reporting it once was, and is quite having with ‘explosive’ content.

     

     

    If this documentary isn’t over-hyped, I expect there will be lots of explosive content around the underwear of the past Rangers hierarchy.

  11. TheGreenManalishi(WithTheTwoProngedCrown) on

    Rieperman on 23 May, 2012 at 09:51 said:

     

     

    First Doncaster, now Johnston.

     

     

    Is crass stupidity a prerequisite to becoming a solicitor?

     

    ———————————————————

     

    Yes !!!

  12. With people like Ballantyne and Johnston in the game it’s no wonder they got away with cheating and corruption in the Scottish game. Does he cherish their two visits per year so much that he is willing to forget the money they have cheated him out of?

  13. Why does Johnston feel he needs to comment on the Rangers situation at every turn? Surely he should be more worried about his own clubs future when we boycott them next season if he votes for Newco.

  14. Just think … if there had been no huns in the league Kilmarnock might have finished in the top six …

     

     

    This is the quote that shows this man up for what he is: “You have to be careful if you’re trying to protect a club which is a very long-standing and historical institution.”

     

     

    If that’s the key objective then the game is dead. If instead our aim is a football competition that is run on a principle of the primacy of sporting integrity then things look very different.

     

     

    Heading out for most of the day. But looking forward to 8pm this evening. A lot of people are going to get I shock when they hear the scale of the cheating that has gone on – and how long it has gone on for.

  15. Snake Plissken

     

     

    I don’t :)) and I’ve taken pelters for years for that.

     

    Give me Tucker Jenkins and Trisha Yates anytime. Sherlock’s good though.

     

    However this one tonight will be recorded and kept for posterity.

  16. Well said, Paul.

     

     

    I know I’m old enough to know better, but when I read the remarks attrbuted to Johnston, Doncaster and others on this matter, I still find mysefl shocked.

     

     

    What are these guys on, and who do they think they’re talking to?

     

     

    And thank God for sites like this for being able to expose the utter bilge being spouted by these ‘respected business men’ …

     

     

    FF

  17. up_over_goal on

    Paul67

     

     

    You should have said, ‘Many red squirrels died to bring us this information.’

     

     

    weeminger

     

     

    Daly’s record speaks for itself. I’m looking forward to tonight.

  18. up_over_goal on 23 May, 2012 at 09:43 said:

     

     

    From the last thread.

     

     

    I genuinely hope you are right.

     

    It’s just that all through the troubles, so called “exposes” of Security forces collusion with British Paramilitary groups such as the UVF , or reports on “shoot to kill” policies, always fell well short of the mark.

  19. Sixteen roads to Golgotha on

    Johnston also claimed that the huns lost the league because of the 10 points they were deducted.

     

     

    He is a liar.

  20. 'crushed nuts?' 'Naw, Layringitis!' on

    1. Awe_Naw_No_Annoni_Oan_Anaw_Noo on 23 May, 2012 at 09:00 said:

     

     

     

    The Record has told how, before the sale, a private investigator’s report on Whyte’s business record was passed to the Ibrox board.

     

     

    The Record found out about this the same way as everyone else, the report is cited in the Panel Decision. What’s more interesting is who commissioned the private dick? Who paid the gumshoe and why?

     

     

    The whole DR piece reads like an arse-covering exercise, if, as he says, rainchairs was in the mess it was when he arrived, why did he stay? Why did he not report his concerns re: CW to the proper authorities?

     

     

    Did the seamus report show that CW was a banned director? If so, surely the board would have been legally obliged to pass this information to the relevant authorities?

     

     

    Was the Chronicle of Sam Spade leaked?

     

     

    Just can’t get enough!!

  21. We still have the problem that our thoughts and Paul’s excellent article contributions are not seen or heard by as many people as Johnson’s utterances.

     

     

    I am really hopeful that tonight’s documentary,at least, reaches out to those who do not share our views or our suspicions. por cierto.

  22. Dontbrattbakkinanger on

    The demise of the ole cash strapped scrofulous Billies of the Hill is like watchin’ an urchin pull the legs off an ole millipede,one at a time.

  23. CELTIC are among world football’s elite clubs as one of the 50 top valuable brands in the game. It’s a sign of Celtic’s continuing growth and global appeal that they have been rated so highly in the annual Brand Finance Football 50.

     

     

    For the first time, the Hoops are in the prestigious top 50 list, which is topped by Manchester United. Indeed, the majority of the clubs in the top 50 are from the top five football nations in terms of economic power – Spain, Italy, England, Germany and France – which only serves to further emphasise Celtic’s achievement

     

     

    According to the study, the Scottish Premier League champions have seen an impressive 30 per cent growth in their brand value over the past 12 months, which has catapulted the club into this list alongside world football’s top teams.

     

     

    And whether it’s Norwich or North America, Aberdeen or Australia, the green and white Hoops of Celtic are known and loved, enhanced in no small part by the supporters who wear the Hoops and support the team with pride and passion.

     

     

    Celtic Chief Executive Peter Lawwell said: “Although playing in a domestic league with very low media values, and in a country of just five million people, this shows the power of the Celtic brand globally.”

     

     

    We Dont Need No Stinkin Rangers!!

  24. Boom!! Bullseye Paul, well said. As a solicitor he shouldn’t be making public announcements like that anyway. Looks like CQN will be a busy place ahead of tonight’s documentary. On hospital duty today & tonight (they took wee Conor’s tonsils and adenoids out yesterday to try and solve his sleep apnea) so thank god for the old I phone to keep me up to date with events.

     

    HH

  25. Morning Paul and all!

     

     

    I stole a DR this morning – wel you wouldn’t buy one would you? – and it also contains the paragraph –

     

     

    “And while fans across the country want Rangers punished further for their gross financial mismanagement it’s possible they could escape unscathed.”

     

     

    Hunbelievable. Wait I haven’t finished, despite twice being told by judges that all transfers are off for a year, the back page states –

     

    “If they successfully quash the transfer ban throught the ourt of Arbitration for Sport they will try to make Black their first signing.”

     

     

    Hunbelievable x2.

     

     

    The MSM in this country are desperately trying to cling on to their lifeblood by `duping’ – remember that word – their followers (followers).

     

     

    Great article Paul and as someone said earlier it is very forensic in it’s clinical approach to telling the truth.

     

     

    Keep it up!

     

     

    HH

  26. Gregory Ioannidis ‏@LawTop20

     

    My personal view is that Celtic’s future is away from the SPL, for far too many different reasons.

     

    Gregory Ioannidis ‏@LawTop20

     

    I wouldn’t worry too much about national leagues. It is UEFA that needs persuading with reasoned and beneficial suggestions.

     

    Gregory Ioannidis ‏@LawTop20

     

    Is this the right time for Celtic to depart from the SPL? I personally think it is.

  27. I see Nerlinger has been named as the first player that there is proof of improper registration with the SFA.

     

     

    Dungcaster still sticking his head in a hole…

  28. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    Planet Earth to Demented Hun

     

    Planet Earth to Demented Hun

     

    Take your cyanide pill and put your helmet on

     

     

    Planet Earth to Demented Hun

     

    Commencing countdown, televisions on

     

    It´s liquidation and may God’s love be with you

     

     

    Spoken:

     

    Ten, Nine, Eight, Seven, Six, Five, Four, Three, Two, One, head-off

     

     

    This is Planet Earth to Demented Hun

     

    You’ve really made the grade

     

    And the papers want to know about your nightmare

     

    Now it’s time to leave the capsule if you dare

     

     

    “This is Demented Hun to Planet Earth

     

    I have nothing to answer for

     

    And I’m melting in a jelly and ice cream way

     

    And the stats looks like radiocative decay

     

     

    For here

     

    am I cooking in the chip pan

     

    Flag was not unfurled

     

    Master plan fell through

     

    And there’s nothing I can do

     

     

    Though I’m past one hundred thousand lies

     

    I’m feeling very ill

     

    And I think my spaceship knows which way to go

     

    Tell my wife I love him very much (he knows!)

     

    Planet Earth to Demented Hun

     

    Your club is dead, there’s something wrong

     

    Can you hear me, Demented Hun?

     

    Can you hear me, Demented Hun?

     

    Can you hear me, Demented Hun?

     

    Can you hear….

     

     

    “ am I floating round the pension plan

     

    of a Motherwell tycoon

     

    The master plan fell through

     

    And there’s nothing I can do.?

     

     

    PablophanqueCSC

  29. Nuclear Bovril and a Half Munched Pie on

    The World Heavyweight BullCrap bout continues.

     

     

    In the blue corner a jumped up mealy mouthed middle manager. Special powers : ignoring reality, chasing bonuses, having rubbish hair.

     

     

    In the other blue corner a self serving football club chairman. Special powers : can ignore supporters with ease, no knowledge what the word ‘justice’ means, rubbisher hair.

     

     

    Do these two gimps actually have some sort of bet as to who can come out with the biggest load of horse? And do neither of them know the phone number of a decent hairdresser?

  30. Great work being done by the PLC in getting us into the top50….

     

    onwards and upwards…

  1. Pages:
  2. 1
  3. 2
  4. 3