Background for Nimmo Smith decision

821

Will Lord Nimmo Smith’s SPL Commission report this week?  I’ve no idea, but as the day draws near it is perhaps worthwhile reminding ourselves of the relevant matters already established by the First Tier Tribunal, which, reportedly, Rangers ‘won’.  We will have more excerpts as the week progresses.

The decision was anonymised, so names, such as Mr Black, Mr Violet and Mr Gold are not the actual names of the people involved.

Excerpts from The Decision:

“159
The suggestion made on behalf of Rangers that Mr Black’s involvement did not extend beyond concluding an outline agreement and a specific overall figure, was not borne out in evidence. Given that the burden of proof rested on the Appellants, there was a dearth of evidence available to support the Appellant’s contentions about the nature and stages of the process of agreeing “deals” on the engagement of footballers. Mr Thomson referred to specific individuals. All sub-trust monies had been withdrawn as “loans” except in the case of Mr Gold’s sub-trust.

The side-letters, while not disclosed to the SFA, were in reality part of the player’s contract with the Club.

The players expected to receive the monies paid into trust. Mr Violet believed that the purpose of the Trust was to suit Rangers. So far as he was concerned, his lawyer had reassured him that the arrangement was legal. However, according to Mr Thomson, given that the burden of proof rested on the Appellants, it had not been shown that the side-letter benefits were other than part of the contract of employment of the players.

When recently the tax advantage of trust payments had ceased for Rangers, remuneration due to Messrs Maidstone and Mr Guildford was made via payroll. Rangers had promised to ensure that even if the trust arrangements ceased, alternative arrangements would be made to give the players their agreed net pay. That crucially was the underlying reality.

160
Mr Thomson complained that it was difficult to ascertain whether the player’s contract of employment started with both the disclosed contract and side-letter being signed, or at an earlier stage and then reduced to formal terms, since the taxpayers had disclosed only limited documentation.

The over-arching contract was the contract of employment and the side-letter was part of it. No explanation had been advanced for its being a separate document. The inference was obvious: it was secret and not to be disclosed.

161
Side-letters, of course, had not been registered with the football authorities, the SFA and SPL. The spirit of their rules was that the whole contract terms should be registered.

Suspiciously, no evidence was led as to who decided that the benefits in terms of the side-letters should not be registered.

Non-registration of side-letters was incompatible with both authorities’ policing and disciplinary powers. For example any fines imposed on players would customarily reflect the disclosed wage.

Nondisclosure would thwart the authorities’ powers.

163
On any view, Mr Thomson argued, Rangers could have sought a ruling from the SFA or SPL about disclosure of side-letters but, clearly, they had chosen not to do so.

There was a conscious decision to conceal their existence, and that extended even to the Club’s auditors.

This evidence clearly establishes the conduct by Rangers in relation to side-letters and player contract registration, the SFA and SPL rules, and Rangers detrimental action on the football authorities powers.

More than this, the matter of concealment is addressed, from both football authorities and the club’s auditors.

While “suspiciously, no evidence was led as to who decided that the benefits in terms of the side-letters should not be registered”, the SFA president, who was a Rangers director when EBTs were introduced, declared himself “somewhat vindicated” by this decision. You may feel otherwise.

We are busy pulling the next issue of CQN Magazine together.  If you would like to write an article, or take out some advertising , get in touch, article@cqnmagazine.co.uk.
[calameo code=000390171980e8545b80a lang=en page=10 hidelinks=1 width=100% height=500]

Click Here for Comments >
Share.

About Author

821 Comments

  1. Setting free the bears 0 46am. Very reasoned and fair perspective. Kelly conservative catholic who stood his ground. I wonder what he would make of things today.

  2. On 15th/16th of March 100 cyclist will set off from 5 locations in the UK & Ireland for Belfast to raise funds that will go towards helping Wee Oscar Knox (check out the wee man himself – http://youtu.be/oVyxi7ypT4Y) fund the Immunotherapy treatment he so desperately requires. We will be leaving from:

     

     

    Celtic Park – 32 Cyclists

     

    Leeds – 7 Cyclists

     

    Duleek – 25 Cyclists

     

    Roscommon – 10 Cyclists

     

    Dublin – 26 Cyclist

     

     

    We will be supported by 16 support team members over the 2 days also.

     

     

    Our team is made up of CQN’ers, KDS’ers, friends and family members and non Celtic supporters.

     

     

     

     

    You can support our cyclists and support team by making a donation to this event by clicking here (remember to leave your blog name for us to thank you):

     

     

    Wee Oscar 4 Life Cycle’s To Belfast March 2013

     

     

    or by texting BELF88 to 70070 followed by amount (between £1 to £10) you wish to donate:

     

     

    eg.

     

    To: 70070

     

    BELF88

     

    £10

     

     

    We would like to thank Burns Interior Design, Morrisons Facilities Services – FM Division, Gardiner & Theobald Surveyors, ProAir Conditioning, Firewater, DAMM Environmental, Access, AJ Print, Oracle, Project Pipework & Piling, Business Continuity Services and Sublime Designs for their sponsorship of the WeeOscar4Life cycle’s to Belfast. If your company would like to sponsor this event please drop an email to weeoscar4life@gmail.com

     

     

    Big Wee Oscar Thumbs up to following TIMternet bampots

     

     

    MurdochAuldandHay

     

    leftclicktic

     

    Mhark67

     

    Cowiebhoy

     

    FourGreenFields

     

    Murdochbhoy

     

    Philbhoy

     

    Richie

     

    The Token Tim

     

    Bradbhoy

     

    Davy Bhoy

     

    TimsinOhio

     

    Doc

     

    Kaiser Soze

     

    GourockEmeraldBhoy

     

    Timsrgr8

     

    TheCelt45

     

    67Heaven

     

    Normanstreet49

     

    Spirit Of Arthur Lee

     

    Baybhoy63

     

    GL2

     

    DavieL

     

    Farney Bhoy

     

    A Ceiler Gonof Rust

     

    Kerry CFC

     

    ohits

     

    MJ X

     

    The Little Gentleman In The Black Velvet Waistcoat

     

    Greengray1967

     

    The Cat

     

    ChannelIslandCelt

     

    Cavansam

     

    Dougc

     

    Jimbob71

     

    asonofadan

     

    embramike

     

    Paddy Turner

     

    Swansea Bhoy

     

    Papa John

     

    jmac

     

    Stephen with a ‘ph’

     

    Dandie Dinmont

     

    Leftclicktic

     

    JimmyQuinnsBits

     

    Big George’s Fan Club

     

    KevinLasVegas

     

    Tyronebhoy

     

    TynesideNo1CSC

     

    MWD

     

    Napoleon

     

    jhilday

     

    @stevenceltic81

     

    Fin72(might be 75 :-)

     

    As_I_Thought

     

    Gordybhoy64

     

    Corkcelt

     

    Bhoylo83

     

    Drumchapel CSC (Oliver’s Bar)

     

    Kenabsx5

     

    Squirrel Knutz

     

    @stoksey10

     

    @Gerryglesga’s Da & his Domino Pals

     

    Jimbob67

     

    3mick3

     

    andyfisher67

     

    This is the one This is the one

     

    Celticrollercoaster

     

    BJmac (after some prompting!!! :-)

     

    Can I have a raspberry on that

     

    Goldstar10

     

    Greensidup

     

     

    for donations to WeeOscarLife Cycle’s to Belfast St Patricks weekend March 2013 and helping to smash £2k target with your ever growing donations reaching£2238.09

     

     

    PLEASE REMEMBER TO ADD YOUR GIFT AID

     

     

    WeeOscar4Life Team

  3. Armageddon anyone?

     

     

    For those with a curious mind and wondering why we are constantly witnessing attack after attack on the Catholic Church etc…

     

     

    Type the following into google : The 100 year reign of satan.

     

     

    Makes very interesting reading!

  4. People who are entrenched in their faith, are entrenched in exactly that. Their faith. Inevitably human beings being human beings will indulge in acts that bring shame on them. The shame though, is on the humans who err. The faith element will remain as strong as ever for those who have belief. Like my dear old mum. Unshakeable belief in her religion. Which is good. No human being will ever make her doubt her faith. She has never prayed (as far as I know) to a human being. Her prayers tonight will remain as they have done for the last 80 odd years of her life.

     

     

    Me? My faith reaches it’s highest level when I buy a scratchcard or write out a lucky 15 or on the eve of a game v sevco. That’s probably just me though :-)

  5. Just dropped in to say….

     

     

    A bhoy at work was telling me about this new – Beyonce tour

     

    being hijacked by the masons ?

     

     

    I don’t know how to do the link-things but, apparently…if you

     

    type in – Beyonce’s masonic influence – then appropriate links will

     

    appear.

     

     

    There’s also something about Beyonce’s boyfriend singing about

     

    “…when the church ends – life begins ?”…or stuff like that ?!?!?

     

     

    Anyway – Off oot

     

     

    HHhhhhhhhooooooowwwwoooooooeeeellllllll

  6. proudbhoy@07:25

     

     

    Sadly Rogic wasn’t named in the CL squad so won’t be eligible.

     

     

    Thought it was an odd decision when it was announced but NFL said he felt the players who helped get the team into the last 16 deserved their place ahead of any new players.

     

     

    HH

     

    /Bishop B

  7. sid

     

     

    00:55 on 26 February, 2013

     

     

    ‘SFTB

     

    Was unaware they tried to ban the irish tricolour,’

     

     

     

    Perhaps you should read a bit more and type a bit less.

  8. The Battered Bunnet on

    Looking forward to reading SoT’s reaction to the news that Berlusconi got the biggest slice of the vote in Sicily

  9. macjay1 for Neil Lennon on

    ernie lynch

     

    08:53 on 26 February, 2013

     

     

    Do you have any affection at all for your felow Celtic supporters?

  10. macjay1 for Neil Lennon

     

     

    09:00 on 26 February, 2013

     

     

    ‘ernie lynch

     

    08:53 on 26 February, 2013

     

     

    Do you have any affection at all for your felow Celtic supporters?’

     

     

     

    I wouldn’t be offering advice if I didn’t.

  11. Doc is Neil Lennon

     

    09:04 on

     

    26 February, 2013

     

    sid

     

     

    00:55 on 26 February, 2013

     

     

    This link might help you regarding Robert Kelly fight with the SFA regarding the flying of the tricolour. Nothing wrong with asking a question on the blog.

     

     

    The best part of CQN is its educational element to it, thanks to big diversity in opinions and the quality of the posters.

  12. The Battered Bunnet on

    Just so I understand the grounds rules, and apologies to anyone I’ve inadvertently offended by my recent post, but…

     

     

    …given that I am not Italian, do not live in Italy let alone Sicily, indeed, have never set foot on Sicily despite numerous trips to Italy, disdain Silvio Berlusconi’s public persona and private appetites despite never having met him (his entourage once passed me at Ciampino), and being somewhat detached from the issues and intrigues of Italian politics through the years…

     

     

    …Is it OK for me to comment on the Italian election?

  13. The Battered Bunnet – 09:15 on 26 February, 2013

     

     

    Good lord man! The fact that you’ve even mentioned it is a step too far.

  14. saltires en sevilla on

    Good morning fellow Celts- another lovely day in February

     

     

    WEE OSCAR CYCLISTS GLASGOW TO CAIRNRYAN

     

     

    Hope all the Wee Oscar cyclists are ‘making hay’ and getting the miles in now that the weather is nice?

     

     

    Spoke to some ‘proper’ cyclists yesterday, and they feel the A77 route down to Girvan (Etape #1 approx 56 miles?) has no major problems, except a few “long drags”…they talked, a lot, about “high winds”, but felt most “reasonably fit folk” would get there “no problem if everyone sticks in a bunch”

     

    ( Hooped Peleton…)

     

     

    Seems there are a “few challenges around busy roads at Maybole”. Then Girvan to Cairnryan (Etape #2 approx 34 miles?) They said “more of the same …looong drags, but nothing too onerous in terms of climbs. Lots of wind!”

     

     

    Now, when I reflect on two guys with BMI of about -2 stating there should not be any problems. I begin to wonder what they actually mean by a ‘looong drags’ and ‘high winds’? I am reminded of a comment made by an experienced cyclist at the start of a previous charity ride ..”there’s a wee climb ahead mate, nothing to worry about”……’wee climb!’….good grief!!

     

     

    I still wake up screaming. Club riders describe hills being like ‘plane crashes’ – there are boadies everywhere :-)

     

     

    These cyclists have a wonderful capacity to understate reality -think those old RAF films and stiff upper lips… “I say chaps …a bit bumpy tonight….whaaat?”

     

     

    Are there any normal CQN cyclists that can unpack ‘long drags on A77′ into realistic, helpful, meaningful and, hopefully, reassuring terms? (IE 2km climbing 100m or 5 km climbing 200m etc.)

     

     

    Strongly encourage everyone to get out there, maybe not worry too much about distance, but focus on going out for over 3 hours in the saddle a few times, to build up stamina and give the oul’ bahookie and legs a wee chance … also, enjoy the good weather while it lasts ;-)

     

     

    It’s going to be fun folks, from the helpful updates above and websites, it seems the response and support in terms of pledges & donations are outstanding. That will make all the effort worthwhile …..

     

     

    The wee man is gonna get better!!!!

     

     

    HH

  15. I hate getting old….

     

     

    I’m so old I remember when new cars had to be “run in”

     

    I’m so old I remeber the original “B” registration plate being introduced….1964

     

    I’m so old I had an original “mobile” phone….a Phillips contraption…..Batteries so large and heavy that they were housed in a satchel that you carried over your shoulder…the hand set was attached via a coiled cord…

  16. The Comfortable Collective on

    the battered bunnet 09:15 on 26 February, 2013

     

     

    “……Is it OK for me to comment on the Italian election?”

     

     

    just don’t say it with a Japanese accent.

  17. macjay1 for Neil Lennon on

    31003

     

    09:28 on 26 February, 2013

     

    I hate getting old….

     

     

    As I said before,it beats the alternative.

  18. 31003

     

     

    You are a mere stripling.

     

    I am so old that I not only remember new cars having to be run in but actually had to do it.

     

    I am so old that I used to drive a B registration.

     

    I considered myself too old to use a mobile phone when they were first introduced.

     

    We used semaphore at Rorke’s Drift.

  19. The Battered Bunnet on

    C_F

     

     

    Trained? Goodness no.

     

     

    The essence of ironing one’s hands is in the naïvety of the ingenue.

  20. BOBBY MURDOCH'S CURLED-UP WINKLEPICKERS on

    SALTIRES IN SEVILLA

     

     

    I don’t even like DRIVING on that road…..

     

     

    I wish them well,and will be putting a few shekels their way nearer the time.

     

     

    Madmen the lorrathem,but with hearts of gold!

  21. macjay1 for Neil Lennon on

    Doctor Whatfor

     

    09:36 on 26 February, 2013

     

    31003

     

    You are a mere stripling.

     

    I am so old that I not only remember new cars having to be run in but actually had to do it.

     

    I am so old that I used to drive a B registration.

     

    I considered myself too old to use a mobile phone when they were first introduced.

     

    We used semaphore at Rorke’s Drift.

     

     

    Afrikaaner,ya bass.

     

    Or maybe a soldier of the king,me lads.

  22. The Battered Bunnet on

    C_F

     

     

    While you’re around, do you agree with Tom Devine this morning re Keith O’Brien’s resignation being the “gravest single public crisis to hit the Catholic Church in Scotland since the Reformation”?

     

     

    Seems somewhat overstated to my mind.