The dossier: blow by blow

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The report prepared for the SPFL General Meeting alleges its chief executive, Neil Doncaster, breached his duties as a company director.  His “guiding hand”, apparently, did not provide material information to clubs ahead of their vote last month, misrepresented the situation through non-disclosure, did not exercise care, skill and diligence.  It concludes there is “reasonable grounds for suspecting” he breached his fiduciary duty as a director of the SPFL.

Let’s be clear on the allegation, it is weak “suspecting” he was in breach, and was qualified by the adjective, “reasonable”.  Not overwhelming, indisputable or even good, just reasonably good.  It is not a good start.

It is alleged the SPFL could be on the hook for £10m in refunds to broadcasters and sponsors as a result of the lower leagues being curtailed and the possibility that the Premiership is also cut short.  As the latter is yet to take place, this point is not credible.  Broadcasts are overwhelmingly of the top flight, which will only be cancelled when all details are correct.

It is contended that future SPFL revenues could be restricted if, in future, the SPFL parts with other marketable properties e.g. league sponsorship rights.  It is clear that none of this may happen and even if it does, it is not clear what, if any, alternatives would potentially be available, as these events have not happened.

Clubs may suffer financial loss if the SPFL is subject to future financial claims, which it subsequently loses, “Why was this not disclosed?”  Again, any number of future events may or may not happen.  But they have not happened!!

The report then alleges clubs were erroneously told they could only receive cash by voting for the SPFL resolution.  Neil Doncaster examined this point in detail on BBC Sportsound on Saturday.  It was the board’s view that loans to 42 clubs were not practical and limited scope existed to provide advances to the 30 lower league clubs, as money due to those finishing bottom of each table have almost been reached with the payment made in March.

The report asserts that there will be “significant difficulty” in getting the required agreement of SKY TV to league reconstruction and that this was not disclosed to clubs.  I have seen no evidence of this significant difficulty and would be astonished if Doncaster had not received positive correspondence from SKY on the matter.

On corporate governance, it is claimed that Aberdeen got an assurance from the board that the Premiership would not be called without the board consulting with Premiership clubs, that this assurance was not disclosed to all 42 clubs and this, therefore, becomes a failure of corporate governance.

Agreeing to consult before taking a decision is not often regarded as a corporate governance failure.  Dare I say this is a bit of a stretch?

There is a semantic point, “Clubs were given the misleading impression that they had to vote by 5.00pm on Friday.”  The SPFL email asked them to vote by that time “if possible”.  Frankly, despite the lack of weight thus far, I am amazed this point reached the final report.

Not relating to these issues, the minutes of 15 SPFL meetings were “unapproved”, the board took less than 24 hours to review 118 pages of detailed notes and an update on the vote status was given on Friday 10 April, before it was complete.  The latter point was definitely a Hobsons’ Choice matter, but none of this amounts to misconduct.

The SPFL’s QC’s opinion on the “Rangers [sic.], Hearts and Inverness” requisition was “leaked” to SPFL board member Ross McArthur (yes, really) and the SFA vice president Mike Mulraney.  Honestly, we’re not in smoking gun territory here, are we?

Dundee’s vote gets a bit of attention.  “Why was Dundee’s email address not whitelisted?”  No assertion was made that this suggestion was put to the board, even by board member Stewart Robertson.  And “Why was the quarantine not checked until 8.30?”  I know this one!  Because the vote was still open and it was only after Dundee got in touch to cancel their vote that someone realised it had already been sent.

They also challenge Dundee’s process for cancelling their vote, although not their right to cancel it.  Yes, actually.

Dundee chairman, John Nelms, comes in for the heaviest treatment, although he is not in the firing line.  It is alleged that in a conversation with the Partick Thistle CEO he offered to negotiate with Dundee United and Raith Rovers to forgo some of their fee payments in order to offer Partick and Stranraer a higher fee – and to try to arrange friendlies with “big-hitters”

No claim is made that Nelms was empowered by the SPFL to act in this way.  He will no doubt answer for himself soon enough.

Threats were apparently made by SPFL solicitor Rod McKenzie to the CEOs of Dundee and Inverness that if they did not agree to the proposal, Championship payments would be split in 10 equal ways.  This possibility was also made by Neil Doncaster on Sportsound, who made it clear that demand had been made on them, so it is not as though McKenzie was acting alone or either acted frivolously or off the record.

Douglas Park’s allegation of bullying centres on Rod McKenzie’s email to him, stating “Can we not simply resolve this by a confirmation that such an allegation will not be repeated in connection with these events and that the suggested course of action will not be proceeded with?”

I honestly put my head in my hand at this point.  “Can we not simply resolve this….?” is not how bullying works.  ‘Snowflake’ does not being to address this level of sensitivity.  Mr Park, have some self-respect.

Uefa were approached with a joint letter from the SPFL and SFA on 4 April, when they stated “the vast majority” of clubs wanted the season curtailed.  This was before the vote, so they were working on other feedback from clubs, or not at all.  The former option is supported by the SPFL vote on 10 April.  The report does not cite the SFA as co-conspirator, which is nice.

That’s all, folks!  As a friend said earlier, go easy on them, they are a new club learning the ropes.  The SPFL will enjoy a landslide win on Tuesday’s vote.

Message from HamiltonTim then Lennybhoy in memory of Helen Dunese Stewart, Minx1888:

“After the sad passing of my wife Helen (Minx 1888) on Saturday 2/05/20 the family have been inundated with offers from people wishing to send flowers or make donations to a cause. Consequently, we’re asking that donations be made to Strathcarron Hospice.”

JustGiving account for Strathcarron in memory of Helen

“Ghuys as you will know from reading CQN we recently launched the WalkwithShay Legacy Fund and set out our purpose. However, given the news of Helen’s death and on Chris launching his just giving page we would like to invite any of you that have not already donated a chance to either do so through the above just giving page or if you are unable to do so then send a donation to the WWS Legacy Fund account:

Account Name: Walk with Shay

Sort Code: 80-22-60
Account No.: 15326765

Please put your moniker as the reference. If you are unable to do either email us at walkwithshay@yahoo.com

We have already ordered flowers, done so before Chris launched the just giving page. The flowers are from you, ‘CQN’.

Helen was a massive part of the CQN family, many more worthy contributors to this blog have listed causes that she was instrumental in helping.The CQN family are second to none and always rise to the challenge, I as always have faith in you all. Helen had faith in you, please please donate via the just giving page or the WWS Legacy Fund account.

Chris’s target was £1,000 at time of this post the amount donated stands at £3,091.00

Thank you in advance CQN…

Until we meet again…

Keep the Faith!

Hail Hail!”

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  1. SuperSutton on

    Had to login multiple times. And posted “login” only to be told it was a duplicate comment.

     

     

    Got there eventually.

     

     

    And here.

  2. Melbourne Mick

     

     

    Your neighbours nailed it as well. 

     

     

    New Zealand is close to wiping out covid-19 – can it return to normal?

     

     

    By  Alice Klein

     

     

    New Zealand is tantalisingly close to wiping out covid-19, but does that mean that life there will be able to go back to normal?

     

     

    New Zealand was swift to respond to the coronavirus pandemic, introducing some of the strictest lockdown measures in the world on 25 March, when the country had recorded only 205 cases and no deaths.

     

     

    Under the lockdown, schools, universities and almost all businesses were shut, people could only leave their homes for essential reasons like buying food, exercising or accessing medical care, and the nation’s borders were closed to travellers.

     

     

    These measures have been highly effective, with only 1489 covid-19 cases and 21 deaths recorded in New Zealand to date. Most infected people have now recovered, leaving just 134 active cases. Only one new case was recorded on 7 May and two the day before.

     

     

    The lockdown was eased slightly on 27 April, allowing schools to reopen for some students, workplaces without face-to-face customers to reopen, and people to socialise within close family circles. The New Zealand government will decide whether to lift restrictions further on 11 May.

     

     

    Staying vigilant

     

     

    Restrictions will need to be eased slowly and cautiously in case there are still undetected covid-19 cases in the community that could rapidly spread if people are allowed to mix freely again, says Michael Baker at the University of Otago in New Zealand. “We don’t want to have to go in and out of lockdown, we want to come out of this in a virus-free New Zealand,” he says.

     

     

    For the nation to feel confident that it has eliminated covid-19 altogether, says Baker, it will need to have 28 days – equivalent to two incubation cycles of the virus – of no new cases against a backdrop of widespread testing.

     

     

    Even if this goal is attained, the country will still need to be hypervigilant about not letting the virus re-enter, for example, via airline and shipping crews delivering goods from overseas, he says.

     

     

    New Zealand may escape a health disaster, but the economic impact will still make it difficult for life to return to normal, even when restrictions are lifted, says Martin Berka at Massey University in New Zealand. The government has already spent over $10 billion on a wage subsidy scheme to keep people in their jobs during the lockdown, and two of the country’s biggest industries – tourism and education of foreign students – have been shut down. “It’s going to hurt a lot,” he says.

     

     

    Another adjustment will be not being able to travel overseas, which may be off limits until a vaccine becomes available, says Siouxsie Wiles at the University of Auckland in New Zealand. Australia and New Zealand have proposed allowing tourism between the two countries, as Australia also has low covid-19 numbers, but officials say it will be a while off.

     

    On the other hand, there may be some positive ways in which life will permanently change, says Wiles. “Before this whole thing, a lot of people were told they couldn’t work from home or online teaching couldn’t be done, but we’ve found out very quickly that they can,” she says. “If things like work and education become more flexible and equitable because of this, then not going back to normal might actually be for the best.”

  3. What does the SPFL say about the dossier?

     

     

    On the claim that £10m of potential liabilities were not disclosed…

     

     

    The SPFL say clubs “well understood” that the curtailment of the Premiership season could lead to claims being made.

     

     

    They say that detailed legal advice was received and that analysing that and making recommendations to clubs is a “fundamental part” of the board’s role and that it would be “entirely inappropriate” and “against the interest of every club” to make that information public.

     

     

    “We simply cannot understand why anyone would wish to talk up the possibility of claims and, in doing so, prejudice the position of every single SPFL member club,” read the letter.

     

     

    The league insists that any potential claim “does not result in any way” from the vote to allow the board to end the Premiership season early and reiterate that no decision on that has yet been taken. Those claims, they say, “can only ever be conjecture at this stage”.

     

     

    Furthermore, they say there is “no question” of the board failing to inform clubs of a potential £10m liability.

     

     

    “That was not reported to you because it is simply not the case,” the letter reads. “The central complaint of Rangers is simply wrong and is based on a complete misunderstanding of the situation.”

     

     

    On the claim that clubs were erroneously told they could only receive cash by voting for the SPFL resolution…

     

     

    The letter repeats the SPFL’s claim that the only way of making fee payments to lower-league clubs was to call the Championship, League One and League Two seasons. Again, they reference issues with league positions changing and clubs potentially needing to repay prize money.

     

     

    “Those who continue to suggest that there were other ‘simpler’ means are being either economical with the truth or are once again demonstrating a lamentable lack of understanding of the current reality of Scottish football,” it adds.

     

     

    On the claim that Aberdeen negotiated a concession – prior to voting – that top-flight clubs would be consulted before the SPFL board called the Premiership…

     

     

    The letter says this is “categorically false” and that “no commitment was made to any club” other than those given in a legal briefing note sent to all 42.

     

     

    They concede that Aberdeen were “seeking such a commitment” on 10 April but made it clear, by the time of the SPFL board meeting later that day, they did not with that to be taken to the board.

     

     

    On the claim that SPFL legal advisor Rod McKenzie issued four ‘cease and desist’ requests to Rangers chairman Donald Park on 10 & 11 April, sparking his ‘Rangers will not be bullied into silence’ statement…

     

     

    The SPFL say that, in a phone call on 10 April, Park “made a very serious allegation and threat to act in a particular way” to Doncaster – one which has been “entirely unsupported by any evidence, either then or since”.

     

     

    The letter adds: “The allegation was so serious and defamatory that Rod McKenzie immediately sought a commitment from the Rangers company secretary that it would not be repeated. This was a wholly appropriate and proportionate legal response to an entirely unfounded and damaging allegation. On no conceivable basis could this be considered as ‘bullying Rangers into silence’.”

     

     

    On the claim that McKenzie offered no meaningful assistance in drafting a members’ resolution that would be effective…

     

     

    The SPFL reiterated their stance that they had received “very clear legal advice” that the resolution submitted by Rangers, Hearts and Inverness Caledonian Thistle was not effective.

     

     

    They say McKenzie “engaged actively” with Rangers’ company secretary but that the “essence of the resolution… remained ineffective throughout”. The letter adds that Rangers could consult a QC should they disagree, but declined to do so.

     

     

    On the claim that the SPFL and Scottish FA wrote to Uefa on 4 April saying “the vast majority” of SPFL clubs are calling for curtailment of the campaign…

     

     

    The SPFL say this is correct and was “based on feedback from clubs and club representatives on the SPFL board”.

     

     

    They add: “It was an honest and open assessment of what the vast majority of SPFL clubs were saying at that time. Part of the job of the chief executive is to gauge the views of clubs on important issues.”

     

     

    They also pointed towards the fact that more than 80% of clubs voted in favour of ending the lower-league season.

  4. Neustadt-Braw on

    Big shout out to The Celt 45….

     

     

    smiley get in touch A ..the blue door is calling thing

     

     

    Braw

  5. Paul The Spark on

    Sturgeon is holding her press conference with the Police Cheif Constable so I can’t see her relaxing anything. More likely to warn us all to behave or more jack boots will be on patrol

  6. I’m amazed at Park. I thought with King gone a modicum of decorum might be evident.

     

    But if anything they have got worse.

     

    It’s like a rabid disease festering there.

  7. !!Bada Bing!! on

    The SPFL have claimed that Douglas Park made a “threat” towards Neil Doncaster. ‘In a phone call on the evening of 10 April Rangers chairman Douglas Park made a very serious allegation and threat to act in a particular way to the SPFL chief executive.’

  8. As more information becomes available it’s clear the huns are the ones doing the bullying. Quite clearly Douglas Park has a personal gripe with Neil Doncaster. Reading between the lines, it looks like they have tried to get Doncaster to do as they please. He has said no and then Douglas Park has threatened him. How dare Doncaster defy the ‘mighty Glasgow Rangers’… well he’s clearly told them to gtf and they don’t like it one bit.

  9. Uncle Jimmy on

    I must confess to having little sympathy for Doncaster. He helped to create the monster which is now loose.

     

     

    Rangers 2012 are continuing to show themselves up as incompetent halfwits

  10. glendalystonsils on

    Favourite Uncle @ 1.02

     

     

    When I read headlines like that on Newsnow, I immediately delete the publication . There’s enough shite going on in the world right now.

  11. glendalystonsils on

    If Sevco sought to replace the SPFL hierarchy with a more ‘Ibrox friendly’ version (cough) they are about to find things getting a great deal less friendly.

  12. !!Bada Bing!! on

    GlenD- it also could be a big change in the anti Celtic-pro hun agenda,that has polluted Scottish football since forever.

  13. JOBO

     

     

    RE VE DAY.

     

     

    They moved the day so that it could be celebrated as part of a Bank Holiday Week-end por cierto

  14. Shuggiebhoy67 on

    If/when Sevco goes tits up, does that mean the 5-way Agreement is null and void, (oops,sorry),

     

    and we can at least return to pre 2012 governance in football?,not ideal, but a reset on the RES. 12,which would bring it back in-house and away from CAS jurisdiction.

     

    asking for a friend,

     

    HH

  15. It looks more and more that Sevco were actually taken in by the fake invoices circulating on the forums.

     

     

    Park is an absolute clown.

  16. glendalystonsils on

    BADA

     

     

    I think the corridors of power will still be riddled with with hun infestation , like an old house with dry rot and woodworm . This could indeed bring about change from the top though …we can only hope.

  17. Rock Tree Bhoy on

    So sevco have a guy on the SPFL board who is supposed to look after sevco’s interest within Scottish football, but instead of raising any issues with the board (should he hear or see something he’s concerned about), he keeps quiet, makes notes, and then reports back to his sevco paymasters so they can add it to the shitlist they intend to throw at the SPFL board.

     

     

    Now who would have thought the rangers would be capable of such a dirty lowdown back stabbing deed. Me for one.

  18. Look, if my business was going down the stank, my millions of hun shares were becoming worthless, my club was broke and on the verge of an admin event again, I might behave a wee bit out of character, so give the the orange hun barsteward a break.

  19. Hamiltontim.

     

     

     

    I’d like to donate to your charity but since my Bank Account was got at I’ve resisted the temptation to use my Bank cards to pay for anything, But next time I’m through in Glasgow for a drink I’ll give it to one of my pals,or if you join us I’ll give it to you then,Sorry for such a dick head for not using my cards,but I think you’ll understand Chris ,Hope to see you soon.

  20. No sympathy here for the SPL or Neil Doncaster, despite the abuse from the animals.

     

     

    A lawyer who helped mastermind the spare licence transfer, another lawyer who vigorously defended ‘title stripping’ all in all, they made sure, there was a Rainjurz of some sort. They made their bed now they have to lie in it, hostile bigots have to be dealt with in lots of job positions, ND preserved a notion of Rainjurz when he made his continuity statement.

     

     

    I do hope Celtic are reviewing our business association with Douglas Park.

     

     

    We don’t care what the animals say.

     

     

    HWG TIAR

  21. Monaghan1900 on

    VOGUEPUNTER on 7TH MAY 2020 2:38 PM

     

    MONAGHAN1900 on 7TH MAY 2020 9:52 AM

     

     

     

    Missed you…were the FFek you been ?

     

    ——

     

     

    In the jail for a while, VP. All a big misunderstanding. Out now on a tag.

  22. Rock Tree Bhoy on

    PHILBHOY on 8TH MAY 2020 3:30 PM

     

     

    Look, if my business was going down the stank, my millions of hun shares were becoming worthless, my club was broke and on the verge of an admin event again, I might behave a wee bit out of character, so give the the orange hun barsteward a break

     

     

    _______________________________________________________________

     

     

    You sure about that Phil? Give them a break? Sorry mate – wouldn’t give them a smell of my ….

  23. ROCK TREE BHOY

     

     

    It was meant to be a joke!

     

     

    I hope they crash and burn and soon.

  24. Monaghan 1900

     

     

    I thought that was you two cells down from me on the right .

  25. POG

     

     

    I would have thought that paul would be able to get in touch with SOT.Not like him to be off the board for so long. Hope his health and his families are ok.

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