Double-jeopardy and cover-ups

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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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490 Comments

  1. 67Heaven .. CHALLENGING THE LIE ..I am wee Oscar...... Ipox belongs to the creditors on

    IT’s so lonely round the fields of Athenry ….yyyyeeeessss …..GOOG AULD IRELAND …….ABSOLUELY FANTASTIC, AND VERY WELL DESERVED ⚽️⚽️⚽️⚽️

  2. Well done Ireland had to battle but stood up to the physical nature of the Bosnians, who were a big unit, and can play, result was everything enjoy France.

  3. 67Heaven .. CHALLENGING THE LIE ..I am wee Oscar...... Ipox belongs to the creditors on

    GOOG .? …hahahahahahah …. Too excited !!!!

  4. 67heaven, you see that post for the green night oot in Denny ?

     

    Obviously a lot of PMS Bhoys going

  5. 67Heaven .. CHALLENGING THE LIE ..I am wee Oscar...... Ipox belongs to the creditors on

    Cowiebhoy

     

     

    No, didn’t see it ……will look back now, thanks

  6. viewfaethewindae on

    Well done to the fighting Irish, what a performance.

     

     

    If only Celtic had 10% of their heart.

  7. i was waiting on a court date , i am under the charge of

     

     

    “falsifying her majesty’s documents by declaring a non-occupation on a passport”

     

     

    seems “handsome hun”

     

     

    is not admissible.

     

     

     

    but seems the courts are booked for a year clearing a backlog of zombies versus the crown

  8. Scotland will be finally getting their independence next year, when all the rest of the UK is away to europe

  9. Sat and watched the game with my bhoy and my daughters boyfriend whom both his parents are from Ballymurphy.

     

     

    Now I will more than likely make the trip over whilst they have both booked holidays…tough t***y :))

  10. i would have saint martin in the hot seat in a heartbeat.

     

     

    the ability to get players to deliver your football strategy, is priceless.

  11. Well done MON & Keano. A well organised team that do the basics and defend well can beat anyone. Ronny take note !

     

     

    Two professional performances against a good Bosnia team, Ireland have deserved this. Well done the boys in green.

  12. 67Heaven .. CHALLENGING THE LIE ..I am wee Oscar...... Ipox belongs to the creditors on

    Cowiebhoy……can you reserve me 2 tickets and I’ll DEFINATELY be there on 28th, or get my email from Paul67

  13. brilliant Ireland after taking 4 points off the Germans and toppling the top rated side in the play-offs to-night. Well done Martin and Roy based on fabulous defence and fighting spirit. Jonathan Walters a magnificent center forward in the true sense of the word a goalscorer and a great fighter.

  14. 67Heaven .. CHALLENGING THE LIE ..I am wee Oscar...... Ipox belongs to the creditors on

    THE SPIRIT OF ARTHUR LEE on 16TH NOVEMBER 2015 9:51 PM

     

     

    The Huns are uncheerupable ……believe me ….. None of them locally have come near me for 3 years ….hahahahahahaha

  15. Let us go to the place where he danced his wild dances

     

    A place that we cherish,a palace of dreams

     

    To sing of a man,whose boys have enchanted us

     

    And makes us feel proud to be wearing the green

     

    Just when we thought all around us was weary

     

    All sad and all silent no dream for to dream

     

    He came like a saviour to hearten the weary

     

    So raise up your glasses to MARTIN O’NEILL

  16. 67heaven, will do

     

    Does our CQN phone book Lennybhoy have your No?

     

    It’s your local butcher providing the food, and the foundation providing the drink, not that that matters to you and I :-)

  17. Andrew Kerins Green and White Army on

    Right ,after that result I can officially say that the recession is

     

    O-ver . Days of happiness

     

    Someone said bring on the 06

     

    Absolutely no way do I want to have anything to do with them

     

    It’s bad enough sharing an island with them

  18. Well done Ireland.

     

     

    It’s O’Neill with two ‘l’s by the way. I’m surprised people can’t remember that but, then again, many can’t spell Ronny or Deila yet.