Double-jeopardy and cover-ups

490

I see a lot of argument exercised over the weekend on the double-jeopardy issue. Holding an inquiry into an event, then holding another when you don’t get the desired outcome. I have sympathy to a degree with this sentiment, but only within limits. Tax cheats who successfully wriggle out of their responsibilities at a Tribunal, may be called to a second, third or fourth hearing.

This will feel like quadruple-jeopardy, but it’s correct and often needed for the law to apply evenly. It’s also worth noting that the Crown successfully convicted its first double-jeopardy case in November last year, following the Double Jeopardy (Scotland) Act.

For non-legal cases, such as the SPL Commission headed by Lord Nimmo Smith, there is no double-jeopardy law, either way, the SFA source trying to influence the media late last week into thinking there was, was getting ahead of himself. Any organisation can ask any question of itself at any point.

What the SPFL (formerly known as the SPL) must now ask, is was the Lord Nimmo Smith Commission fit for purpose?

Auldheid, writing on Scottish Football Monitor last year, published his correspondence to SPFL solicitor, Rod McKenzie of Harper MacLeod, suggesting crucial information, requested by McKenzie as part of his case on behalf of the SPL, was not disclosed.

The implication being that McKenzie was unable to reference the material he needed to successfully prosecute his case as the salient information was withheld by Rangers. McKenzie wrote to Rangers on 5 March 2012 asking for relevant information but allegedly did not receive documentation on EBTs Rangers had already agreed with HMRC were incorrect and liable for tax.

The SPL Commission concluded Rangers gained no sporting advantage from their EBTs as, although they found the club acted wrongly in respect of player registration rules, the Commission found that even if the EBTs had been declared, no tax would have been payable, so no sporting advantage was achieved.

We now know that a considerable amount of tax should have been paid (subject to appeal to the Supreme Court), which flips the criteria Nimmo Smith based his decision upon.

I suspect nothing will happen between now and the expiry of the Big Tax Case appeal notification window in early December. Should no appeal be made, the SPFL will need to consider its position.

Football, to a considerable extent, relies on clubs issuing information openly and fully to authorities when required. If a conspiracy to withhold information from an inquiry exists, and is subsequently uncovered, the authorities must consider what action is appropriate.

At the very least, the national association should not be privately promoting a cover-up.
Jim Craig and Brendan Sweeney will be on CQN live from 19:30 onwards on Wednesday to talk about the fascinating topics covered in Brendan’s new book, Celtic: The Early Years. You can ask questions on the blog and Jim and Brendan will get straight back to you.

We’ve held a few of these events before and they’ve always been great fun, especially when we get to chat with one of the men who won the Big Cup. And Brendan, of course!

Ladies, the unique event on the Celtic calendar, Ghirls for Good Christmas Lunch, is now open for bookings.  It’s a ladies-only lunch on Saturday, 12 December at the Kerrydale Suite, and I’m told the best day out of the year.  You can book tickets, or a table of 10, here.  No guys allowed!

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  1. SKYISALANDFILL on 16TH NOVEMBER 2015 10:42 PM

     

    I’ve just realised reading back thatI have a pretty strange way of written communication.

     

     

     

     

     

     

    I write like I was writing a letter.

     

     

     

     

     

     

    oh no

     

     

     

     

     

     

    night night timsom and HH

     

     

     

    Yours sincerely

     

     

    ——————————

     

     

    my dear dear friend,

     

     

    skyisalandfill,

     

     

    it with as much as whom it may concern

     

     

    that i refer my dalliances to you today, i confer, that with much conference,

     

    that i do so, fell the same as many whom do so , may also do some.

     

    sometimes, i meander from that which it important to one in a sufficient and simple letter as is such presented to day, for wherefore and therefrom . and that is why i apologies for such a nonsense letter,

     

     

    yours

     

     

    the plain English letter society

  2. Gearoid

     

     

    Will defo be in the BV pre match Ajax if you are there. Bring our wee Princess Dena wi you.

     

    Hail Hail bro.

  3. Had my first and only trip to Ireland to watch Martins first game against Bray Wanderers, lovely little place.

  4. Lots of revisionism on MON at Celtic.

     

     

    Love him for all he did, fantastic journey and gave us some absolutely wonderful times but he stayed a year too long.

     

     

    International fitba doesn’t float my boat, bring on the Killie.

  5. Paddymacoz

     

     

    Now I couldn’t argue with that, some team, and would take some team to even get a draw :-)

     

    Now I see what you Aussie Bhoys get up too

     

     

    Hail Hail

  6. The one lasting image of MON for me was when he went onto the field at Shitebrox and put his arm around Lenny and led him off the pitch at the end after he was abused the whole game. He then proceeded to expose the bigots at a European press conference the following week. Believe you me, MON like Lenny got Celtic and knew what we were up against

  7. 67Heaven .. CHALLENGING THE LIE ..I am wee Oscar...... Ipox belongs to the creditors on

    Cowiebhoy

     

     

    Look forward to your email….don’t think my phone number will be in the database?

  8. Lennon’s Passion

     

     

    No I think LNS did say that players were not correctly registered, and that is what the fine was for. The reason that points were not deducted was because, they said, even though rules were broken, no sporting advantage was gained because any of the other teams could have done the same thing since it wasn’t illegal. Nice dodge eh?

     

     

    Of course now that we know it WAS illegal, since tax should have been paid for the additional remuneration given to players (according to the ruling last week), then that changes everything. The original finding can no longer be valid.

     

     

    The liquidators of the old club have the right to request leave to appeal though, so I hope once that date passes where they can and don’t (because the latest judgement is sound), then it’ll be game on to really press the regulatory authorities for justice to be seen to be done.

     

     

    That’s my take anyhoo, others can give a much more succinct explanation, and as always I’m prepared to stand corrected if the above is in any way incorrect. And finally, thank you Beatbhoy for the link and your reply too.

     

     

    Hail Hail,

     

    KevinBhoy.

  9. Ok ok Calm doon! Calm doon!

     

    Kudos etc

     

    The Republic wont even make it out the group stages in Euro 2016. But that’s ok.

     

    At least they’re not as shite as Scotland who generally still dwell in the blissful hunnery of ascendancy within our imaginary borders to defeat and eradicate the memory of working class Jock stein as that is their paradigm. Not football. Time to dismantle the SFA. Focus. Focus.

  10. Cambhoy

     

    More than most.he knew what we are/were up against. That’s why for me he should know better than to come out with some of the pish he has come out with recently re Rangers 2012 (il) and Sevco.

     

    Cannot deny what he has achieved with this Ireland team and for that I am truly thankful.

     

    HH

  11. The game in Dublin reminded me of the game we beat Barca.

     

    MoN stopped the Bosnians getting in behind Ireland tonight, he forced them to play in front of them, meat and drink to their defence.

     

    In the Barca game, Lenny let them have the wide spaces and stopped them from playing in front of us.

     

    The total opposite tactics, but the same result.

  12. Damn right, Herbo!

     

     

    We went out onto that pitch at Fir Park in 2005, given a league in which the rules for improperly registered players were applied, a mere 203 points, and a better goal difference of 164, ahead of the team who were awarded the title.

     

     

    And people still talk about Black Sunday!!

  13. yeah… Black Sunday

     

    I’ll never forget it.

     

    The huns thought Christmas had come early.

     

    I’m sure our illustrious board cant remember a thing about that day either except maybe their bonus payments for services to Celtic football club in 2005!

  14. TeT

     

     

    In the Plaza Hotel Tallagh for 6 weeks. By the shopping centre, across the road fae Shamrock Rovers ground. Great job in a great place. Happy Days. :)

  15. Oh Im sorry

     

    Did I offend anyone?

     

    I thought we were still using blazing saddles analogies

     

    My bad!

  16. DD

     

    Know it well, lived in Rathcoole, a few miles up the road from Tallaght for eight years afore I moved here.

     

    As I said earlier, nights like tonight is when I miss Ireland big time.

     

    HH

  17. TeT

     

     

    Lovely part of the world with lovely locals. Only drove through Rathcoole.

     

    Plaza Tallaght niteclub is the craziest place I have been. Saw a guy shot one night. Paradox City.

  18. Inflammation

     

    Inflammation

     

    What the hell are you scratching?

     

    Come over here let me look!

     

    I’m ashamed of your disgusting behaviour

     

    You really want to make me puke

     

    Inflammation

     

    inflammation

  19. Martin O’Neill was the last proper football manager we had, he walked in the door and gave us our pride back, and gave me the best Celtic team in my lifetime.Yes, there was mistakes along the way, but I would take that roller coaster ride again tomorrow.

  20. DD

     

    Aye, Tallaght sure is a crazy place, but in reality, powder puff compared to a few other places in Dublin.

     

    HH

     

    ………………………………………………………..

     

    Sleep well Timland

     

    HH

     

    KTF

  21. !!Bada Bing!!

     

    Nah

     

    The last proper manger Celtic had was WGS but he was a wee Scottish proddy so he disney count.

  22. !!Bada Bing!!

     

     

    Amen to that!

     

     

    And he put the “a new manager needs time” crap to bed, as he did last night as well.

  23. Mags-MON was the last manager we had who had a say in all matters football, before Lawwell was CEO, Gordon done a great job, against the cheating hun and the downsizing after the necessary overspending during Martin’s tenure, not interested what religion Gordon is btw.HH

  24. !!Bada Bing!!

     

    No!

     

    Mon had no say in the squad no say in the expense no say in the future this is why he quit

     

    as did WGS

     

    as did lenny

     

    next?

  25. Mags-CP was an amazing place when MON was manager, the atmosphere fitted the stadium, we have had sporadic days/nights since, we know we couldn’t spend like we did forever. My own take on the lead up to Black Sunday, Martin should have went public re Geraldine being unwell, and put John Robertson and Steve Walford in charge, the Celtic support and team would have galvanised, and we would have won the league well before Motherwell. Hindsight and all that, but the rumours Gordon was coming in were there for a couple of months,.As I said he had his faults, the biggest possibly was not taking interest in the reserves at that time, and trying to bring younger bhoys on.HH

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