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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Beattie
Donnelly Fallon
Fernie Evans Peacock
Tully Collins McPhail Wilson Mochan
A terrible beauty was born.
So if we’re Lions, Aberdeen are Sheep, Derby are Rams, Hull are Tigers, Leicester are Foxes. . . . .
What were Rangers(1872-2012)???
Well, I’m stumped!
Morrissey, My aim is garbage, that’s true enough.
Hope to catch up soon.
Weasels
Beatbhoy
Animals?
ONEMALLOY
Correct, you go in with the other 5, i don’t get wifi down in the caravan
and with the time difference from the u.k. plus a barrel load of guinness
i missed it, nae wonder were the Aussie wallopers.
Still amazes me how many were thinking along the same lines as us.
H.H Mick
Cheats
Mick, where hiv ye been – Sunday I stayed in all day :-)))
Great team by the way
Johnie Doyle on the bench, I adored him as a young teenager
Doc, did you see this ? Drop me a text if interested, I will happily organise a CQN table
Any central Scotland Bhoys interested in Green night on Nov 28th ? Liam McGrandles is the entertainment for the Robert Murphy Charity foundation, who are holding a Green night in Denny, raising funds to support the building of a Sensory room at the Struan centre in Alloa. This event is being supported by many local Celtic buses, Denny, St Ninians PMS, Bannockburn Bhoys, and Alloa Tommy Craig bus. Meal and drink provided for the night at £25 Anyone interested drop me a note – See more at: http://www.celticquicknews.co.uk/double-jeopardy-and-cover-ups/comment-page-7/#comments
Hail Hail
Onemalloy
Think your second team would definitely have beaten The Lions.
Well, they’dve had a few missing right enough!
Oh 67Heaven, I’ve dropped Paul a message, get in touch later Bhud
Hail Hail
CANAMALAR on 17TH NOVEMBER 2015 7:44 AM
JMcC…,
when was the last time Scotland qualified for any international competition ?
I think we can easily counter any meeja argument with the stats, when they were at their strongest Scotland qualified for international competition four times.
Prior to that we qualified for international competition six time, we have never competed in any international competition beyond the first round, so we have never been that good.
Scotland’s record of qualification is worse when a team playing out of ibrox is strong.
—————————————————–
Further to that – it makes no difference to Scotland’s qualification chances whether the huns are at their strongest or not, because hun players will pull out of a Scotland squad whenever suits them if it helps sevco.
Without any sanction EVER being applied from the authorities I should add.
HERBO on 17TH NOVEMBER 2015 8:30 AM
Best wishes to the refugees arriving in Glasgow today. May they find a warm welcome in our dear green place.
“Not for the iron fist but for the helping hand”
———————————————————————-
A fine sentiment and one I agree with.
But don’t hold your breath – Glasgow in particular and Scotland in general are still trying to get over Irish immigration that happened in the 19th Century. Interesting that the first minister had to come out and make a statement about attacks on Muslims in Glasgow after the weekend. Welcome to Scotland indeed. I haven’t heard the same sentiment expressed re: the anti-Irish racism that pervades Scottish society. I wonder why…?
Was it wee Bertie who, when asked in the 90s if the all-conquering Rangers(1972-2012) would beat the Lions, replied, “I think it would be a draw. But you’ve got to remember, we’re all in our fifties now!”
100 years out there!
Green Oak Tree
Court cases you enquired about:
From jjames
P1127/15 Note: The Rangers FC Group Ltd re: adjudication of claim. This is the decision on whether Whyte’s former company has a claim on the BDO pot.
2.P1039/15 Pet: Mash Holdings Ltd for Judicial Review. Is this in regard to the SFA £1,000 fine or could it be a new action?
Natknow
I in turn agree with your sentiment. I was told last night at the wee mans training that some families will be housed a couple of hundred yards down the road from me. I will be finding out what if anything I personally can do to help them settle in. I suppose thats all we can do.
Anti-Irish racism is of course still Scotlands shame. Thankfully we’re chipping away at that all the time. There is no hiding place for the silent fash.
Delighted for Martin and his Bhoys last night – watched the game with a collection of “overly-refreshed” neighbours in the second best wee pub in the world.
I’m sad that Scotland aren’t joining them in France, with a bit of luck and a hun-free SFA we might have.
…In ither news –
Jim Boyce – “The Voice Of A (burst) Football.”
HH.
HERBO on 17TH NOVEMBER 2015 9:33 AM
Natknow
I in turn agree with your sentiment. I was told last night at the wee mans training that some families will be housed a couple of hundred yards down the road from me. I will be finding out what if anything I personally can do to help them settle in. I suppose thats all we can do.
Anti-Irish racism is of course still Scotlands shame. Thankfully we’re chipping away at that all the time. There is no hiding place for the silent fash.
————————————————————–
You’re a good man, Herbo.
SIPSINI on 16TH NOVEMBER 2015 9:20 PM
BMCUW….
A hootenanny in France!
~~~~~~~~~~*++*~~~~~~~~~
COSY CORNER BHOY on 16TH NOVEMBER 2015 9:54 PM
sipsini 920pm:
I have it on good authority that such an event may be a possibility!
~~~~~~~~~~*++*~~~~~~~~~~
Ffs,are you perr trying to get me shot?!
beatbhoy,
Has to be parrots.
Because they became ex parrots.
Natknow
Kind words. Im just normal.
Well, most of the time.
twists n turns on 17th November 2015 9:30 am…..
Thanx for answering the first point, No idea on the second….
Hope it is all bad for thems…..
Hail Hail……..
There was a report on Radio2 overnight that I he Syrian refugees are to be relocated to Bute?
Surely not.
Apart from being a cruel and inhumane punishment,there surely isn’t enough room,nor the facilities,to assimilate them.
Apart from that,I wish them all well.
Morning Bhoys not to bad a day in Central Scotland I cant say I am a great fan of MON but it would be churlish not to wish him and his team every success in France. Like many others on CQN I cant wait for the real football to start at the week-end.If it turns out that we cannot get Scottish football cleaned up I will walk away it will be very difficult but there is no point in following a rigged game but after all these years it will be the correct thing to do no matter how much it hurts. H.H.
Cowiebhoy.
Hard to get away fae they wallopers, and i had to get the princess
to stop at every pub up the peninsula for umpteen curers to try
and nurse my heebie jeebies.
H.H Mick
Dodoes
Phoenix ⚽️
BMCUW
All 32 local authorities in Scotland have offered to take in refugees. 1000 should arrive by Christmas hopefully. Argyle and Bute included. http://www.argyll-bute.gov.uk/news/2015/oct/argyll-and-bute-welcomes-refugees
Melbourne Mick
__________________
Thank you
Keep it lit fella
Hail Hail
Joe, The right thing my ass, don’t you even think of walking away. We are a people and a cause, why would you think of walking away from your own. Boycott a game or all games if that is what you think is right but don’t walk out on your Celtic family. UTLR.
Proudbhoy………………Agreed, the Republic combined a sensible no-nonsense defensive tactics with some neat attacking passing football with two physical attackers in Murphy and the brilliant Jon Walters who really got in the faces of the Bosnian defenders. Sound recipe.
Never listening to Alan Brazil again after his article in the Sunday People
I know the big man likes to come up and drink in pubs like Heraghty’s to pretend like he’s still one of the lads. The guy is more English than he is a Scot and should be reminded to keep his mouth shut on all matters Celtic
He’s an EBT apologist
So was having a wee discussion with Auldheid about the eligibility of players with invalid registration and the Bryson evidence, I was advised by someone in correspondence with Auldheid that I was talking rubbish and that they were indeed eligible.
Auldheid also accepted this though he has reservations and advised that the TSFM discussed this to death and the consensual agreement was that using the Bryson evidence the players were indeed eligible.
Here’s the rub,
The FIFA Disciplinary Code 2011, the code relevant to the LNS inquiry, have an article specifically set up to deal with “limitation period for prosecution” Article 42:-
42 Limitation period for prosecution
1. Infringements committed during a match may no longer be prosecuted
after a lapse of two years. As a general rule, other infringements may not be
prosecuted after a lapse of ten years.
2. Anti-doping rule violations may not be prosecuted after eight years have
elapsed.
3. Prosecution for corruption (cf. art. 62) is not subject to a limitation period.
Article 43 tells you when the infringement is valid from.
43 Commencement of the limitation period
The limitation period runs as follows:
a) from the day on which the perpetrator committed the infringement;
b) if the infringement is recurrent, from the day on which the most recent
infringement was committed;
c) if the infringement lasted a certain period, from the day on which it
ended.
The punishment is identified for ineligible players here in Article 55 :-
55 Ineligibility
1. If a player takes part in an offi cial match despite being ineligible, his team
will be sanctioned by forfeiting the match (cf. art. 31) and paying a minimum
fi ne of CHF 6,000.
2. If a player takes part in a friendly match despite being ineligible, his
team will be sanctioned by forfeiting the match and paying a minimum fi ne
of CHF 4,000.
And the relevance to association football is found here, Article 146 :-
146 Associations’ disciplinary codes
1. The associations are obliged to adapt their own provisions to comply with
this code for the purpose of harmonising disciplinary measures.
2. The associations shall, without exception, incorporate the following
mandatory provisions of this code into their own regulations in accordance
with their internal association structure: art. 33 par. 6, art. 42 par. 2, art. 58,
art. 63, art. 64, art. 99 par. 2 and art. 102 par. 3. Pursuant to art. 146 par. 3,
the associations do, however, have some freedom with regard to the fi nes
stipulated in art. 58 and art. 64.
3. The associations shall also incorporate the following provisions of this code
to achieve the objective of harmonising disciplinary measures but, in doing
so, they are at liberty to choose the means and wording of the provisions: art.
1-34, art. 39-57, art. 59-62, art. 65-72, art. 75-77, art. 85-90, art. 94-98, art.
99 par. 1, art. 100, art. 102 par. 1 and 2, art. 103-108, art. 110, art. 115, art.
129-132, art. 136-137, art. 142 and art. 144. The associations are obliged to
ensure especially that the infringements mentioned in these provisions and the
appropriate sanctions are strictly incorporated and that the general principles
are adhered to.
4. It is not mandatory for the associations to incorporate the articles not listed
under par. 2 and par. 3 of this article but it is advisable insofar as they are
necessary.
5. Any association that infringes this article shall be fi ned. In the event of more
serious infringements, further sanctions may be pronounced in accordance
with this code, including expulsion from current or future competitions
(cf. art. 28).
Special attention should be paid to Article 146 part 3 that requires Associations to incorporate these Articles, they can change the words and means but I cant for the life of me see any permission to redefine and change the rules.
Now am I chasing a squirrel ?
Complete rule book here
http://resources.fifa.com/mm/document/affederation/administration/50/02/75/discoinhalte.pdf
BMCW
Loads of room on Bute. Accommodation is ready. 15 folk coming I believe.
All welcome
Jinkyredstar,
poor buggers have they no suffered enough, Bute’s a sentence :)
Ha ha, all good answers bhoys, avoiding the obvious.
Looking forward to checking out some of the ‘Master Motivator’s’ possible tournament opponents tonight.
Hail! Hail!
HANKRAY on 17TH NOVEMBER 2015 10:05 AM
—
Love Johnny Walters attitude
Clearly a football who knows how lucky he is to be earning great money playing a game he loves .. And his performances for Ireland will get him next player of the year award I think.
Regarding Saturday’s minute’s silence, I have emailed the following to John Paul Taylor and would urge others to do the same:
Hi John Paul
I don’t know if you’re the right person to contact regarding this but surely Saturday’s minutes silence should be extended to include the 43 who were murdered in Beirut in similar circumstances the day before the Paris atrocities.
Regards
************** (50 years of active supporting and season ticket holder since 1999)