Whitewashing in the age of Judicial Reviews, fans united, we’re gonna do it anyway

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Mike Ashley’s petition for a Judicial Review of the processes the SFA followed when finding Dave King fit and proper to run a football club is a lightbulb moment. The decision, taken by the SFA board, was not unanimous. I am sure some pointed to King’s enormously controversial past and alerted supportive voices of the potential for trouble ahead.

The dissenting voices were voted down, but just like Heidi Poon, their unwelcome guidance will ultimately be found to be assured.

What Ashley has demonstrated is that anyone can ask for a Judicial Review. CQN’ers could ask for one into the scope, probity and remit of the Lord Nimmo Smith Commission, for example. I discussed this some time back with an advocate who suggested we hold tight.

The SFA and SPFL must tread carefully, they are no longer in control of events. It would be wise for them to wait until the Supreme Court appeal notification deadline passes before choosing any path.

In the meantime, whoever decided to fan the flames by launching the “no appetite” blocking strategy should calm the waters. There is enormous appetite to look into what many within and outside of Scotland are calling the biggest cheating scam in British sport.

People are angry right now, not at the cheating they have suspected for years, but at the authorities attempt at whitewashing.

There are demonstrations and boycotts being discussed. Millions of words have been written.

Groups of Celtic and Hearts fans are becoming unnervingly cooperative, good grief! See what you’ve done, Mr “No Appetite” man? Supportive understanding is NOT how I usually relate to Hearts, Hibs, Aberdeen, United or Dundee fans. Even Motherwell fans!

Before we get Labi Siffre records back in the charts…

Before the PPI industry start sending “Is there a Judicial Review you’d like to instruct” recorded messages to our phones….

A calming word from the SPFL, in the first instance, should be issued. All it needs to do is acknowledge the Court of Session verdict, and that the notification deadline for a subsequent appeal has not passed. This would commit to nothing, but it would also supersede the earlier attempt to whitewash, and perhaps allow some to get back to doing their day jobs.

For the record, a whitewash will simply not be possible. The fan-mechanisms, honed in 2012, are fired-up. We’re gonna do it anyway.

On Ashley, I’ve said this before about him, our enemy’s enemy is not our friend. Ashley has good reason to raise legal actions against those who subverted his interests at Newco, but he is not someone you or I would want associated with our football club. Those who campaign to remove his influence from their clubs (including Newcastle) do so with sound reason. Even if their tactics harm their club far more than Ashley.

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588 Comments

  1. Chairbhoy,

     

     

    I think you’re right. the 5-WA must have seemed like a clever wheeze at the time, but in making explicit the link between Sevco and RFC (IL) – if that indeed is what the 5WA does – the new club are now open for punitive sanctions.

     

     

    The 2 recent statements form Ibrox illuminate this confusion and sense of panic. One moment it’s “nothing to do with us”, the next its “don’t you dare take our titles away”.

     

     

    Logically, they simply can’t have it both ways and they are now in a real quandary about how to proceed.

     

     

    And to cap it all the emergence of Ashley and his judicial review (very, very smart move) threatens to shine light on some pretty cosy relationships at precisely the moment when they need to be furtively working away in the background with their friends in authority.

     

     

    It’s so disappointing that no-one in England (bar Alex Thomson) seems at all interested in this. (This morning, the Today programme had a five minute IV with the new coach of England’s Woman’s Cricket team. I mean, come on…)

  2. Tony D – sorry but in now can LNS be excused for his report. No truly independent and objective judge could have come out with the disgraceful pile of crap he produced.

     

    Now just imagine, LNS is sitting on a trial for someone who is up on a charge of embezzlement. The defendant calls on his accountant who says everything was OK to him.

     

    Does the judge simply accept the accountants word for it and let the defendant off?

     

    Of course not. He would rigidly apply the laws of the land.

     

    That is what he should have done in his report.

     

    Conclusion: he is party to the fit up.

  3. Correction:

     

     

    Tony D – sorry but in no way can LNS be excused for his report. No truly independent and objective judge could have come out with the disgraceful pile of crap he produced.

     

     

     

     

    Now just imagine, LNS is sitting on a trial for someone who is up on a charge of embezzlement. The defendant calls on his accountant who says everything was OK to him.

     

     

     

     

    Does the judge simply accept the accountants word for it and let the defendant off?

     

     

     

     

    Of course not. He would rigidly apply the laws of the land.

     

     

     

     

    That is what he should have done in his report.

     

     

     

     

    Conclusion: he is party to the fit up.

  4. Is the SFA a public body?

     

     

     

     

     

     

    Is it subject to judicial review?

     

    – See more at: http://www.celticquicknews.co.uk/whitewashing-in-the-age-of-judicial-reviews-fans-united-were-gonna-do-it-anyway/comment-page-12/#comment-2717199

     

    ………………………

     

    Yes Ernie a real concern that is why I gave that very caveat on my post last night.

     

     

    We will know soon enough with Ashley’s JR hearing anyway.

     

     

    The SFA certainly receive government funding.

  5. macjay1 for Neil Lennon on

    GREENPINATA on 12TH NOVEMBER 2015 9:45 AM

     

    macjay1 for Neil Lennon on 12th November 2015 3:43 am ,

     

    —————————-

     

     

    JUNGLE JIM HOT SMOKED on 12TH NOVEMBER 2015 9:52 AM

     

    Greenpinata and MacJay

     

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    Cries of “Diego Diego Diego Maradona ”

     

    Displaying the Argentinian flag.

     

     

    Why?

     

    An overt insult to Falklands veterans perhaps?

     

    Any other possible rational explanation?

  6. Joe Filippis Haircut on

    MEA CULPA. I believe you are correct the tenticles of this tax scam spread far and wide and threaten to blow the lid of how this bigoted wee country operates .If this case is dealt without fear or favour ( most unlikely ) many names and organisations are going to be made public.H.H.

  7. Awe_Naw_No_Annoni_Oan_Anaw_Noo on

    CANAMALAR on 12TH NOVEMBER 2015 9:01 AM

     

     

    You can give them my name and adress and phone number.

     

     

    Let me know

     

     

    HH

  8. macjay..,

     

    why would/do you care about remembering British servicemen, when was the last time you paid a penny towards their upkeep ?

  9. Big Nan on 12th November 2015 10:08 am

     

     

    Is the SFA a public body?

     

     

    Is it subject to judicial review?

     

     

    – See more at: http://www.celticquicknews.co.uk/whitewashing-in-the-age-of-judicial-reviews-fans-united-were-gonna-do-it-anyway/comment-page-12/#comment-2717199

     

     

    ………………………

     

     

    Yes Ernie a real concern that is why I gave that very caveat on my post last night.

     

     

    We will know soon enough with Ashley’s JR hearing anyway.

     

     

    The SFA certainly receive government funding.

     

    ———————————————————————————————-

     

    Good question. There’s lots of private firms that receive public money – that doesn’t give them a legal status of “public body”. The SFA was incorporated 112 tears ago according to some online information :

     

     

    https://companycheck.co.uk/company/SC005453/SCOTTISH-FOOTBALL-ASSOCIATION-LIMITED-THE/summary

     

     

    Maybe another club/company /association discussion coming up…?

     

    ——————————————————————————–

  10. Isn’t it a basic principle in law that acting on bad advice is no defence? Surely it’s your responsibility to ensure advice is taken from a good authority and is checked out?

     

     

    Maybe one of the legal eagles could confirm?

  11. blantyretim is praying for the Knox family on

    The SFA receive funding from the Scottish Goverment in form of grants etc so should be required to report to their funders

     

    Not saying the are a public body but they do receive public funding via Scottish Government

  12. Why haven’t sevco paid the LNS fine yet. £250,000 plus nearly 3 years interest. Are they contesting it? If so why so long?

     

    Maybe it was an EBT fine, “pay us when you can, no rush.”

  13. From Wiki :

     

     

    “The power of judicial review of all actions of governmental and private bodies in Scotland is held by the Court of Session. The procedure is governed by Chapter 58 of the Rules of Court.[1]”

     

     

    NB : “governmental and PRIVATE bodies”

  14. Awe_Naw..,

     

    we could give them every ones name and address that’s not the point, the point is they are prevaricating without grounds and I have no doubt if we did give them all the info they wanted they’d find something else to prevaricate on. The bottom line is they have all the relevant info and we want to know what their investigation has returned, as I said they have had the evidence since August.

     

    For me the next step is for the board to back the resolution and bring in the CFCB. The SFA do not have the integrity or credibility to carry out such an investigation which was why the resolution was aimed at bringing in the CFCB from the outset. It appears the board are being forced to accept that now, we have faithfully followed their wishes to allow the SFA to rectify their own mess, the SFA are refusing to while trying to make this a Celtic v Rangers issue, it is not and never has been it is a Celtic shareholder V SFA issue and always has been.

  15. blantyretim is praying for the Knox family on 12th November 2015 10:25 am

     

     

    The SFA receive funding from the

     

     

    Scottish Goverment in form of grants etc so should be required to report to their funders

     

     

    Not saying the are a public body but they do receive public funding via Scottish Government

     

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    All public funcing to this body should be stopped until the corruption is cleaned up. IMHO.

  16. Big Nan, NatKnow and Ernie:

     

     

    I posted this at the very foot of page 12:

     

     

    … there’s a good piece on Judicial reviews (in Scotland) here:

     

     

    http://www.scottish.parliament.uk/Research%20briefings%20and%20fact%20sheets/SB09-75.pdf

     

     

    Which includes the following:

     

     

    ‘In England and Wales the actions and decisions of private (as opposed to public) bodies are not usually open to judicial review. However, in Scotland the scope of judicial review is not restricted to the actions and decisions of public bodies and can extend to private bodies where certain conditions are satisfied.’

     

    – See more at: http://www.celticquicknews.co.uk/whitewashing-in-the-age-of-judicial-reviews-fans-united-were-gonna-do-it-anyway/comment-page-12/#comments

     

     

    —–

     

    So it looks like Big Mike knows exactly what he’s doing, i.e. something he couldn’t have done in England, if he were dealing with the FA (rather than the SFA).

     

    —–

     

     

    Also, to be fair to Brother Forsyth and his latest piece in the Telegraph, he may well be quoting a couple of Chairmen of Scottish football clubs: such words square with my impression of the intellectual capacity and ethical self-awareness of most of the SPFL blazeratti …

     

     

    VIP

  17. ITALIABHOY @ 10:02 AM,

     

     

    Yes, agree completely with that, the timing of Mike Ashley’s Judicial Review is genius. Not only will it highlight the internal workings of the SFA vis~a~via the Dave King fit and proper process, which let’s face it, has got to be flawed. It also shouts we can looking into your past internal decisions I.e. The five way agreement and your future internal decisions I.e. How you investigate the Rangers tax avoidance and subsequent cover-up.

     

     

    As far as Sevco’s exposure to Rangers Footballing liabilities, while it’s true that the final agreement is secret (although there was a draft that’s considered pretty close) the final details of the agreement is speculation. Two things are a matter of record.

     

     

    One, that Sevco were responsible for the Footballing liabilities of Rangers. They paid Rangers’ outstanding transfer fees and other debts to Football Clubs at home and abroad, they paid fines for Rangers wrongdoing and had a transfer embargo imposed, all for Oldco’s wrong doing.

     

     

    Two, the SFA transferred the Rangers FC membership to Sevco, they regard Oldco and Newco as the same Club, although this is a matter of public record I have an e-mail from Stewart Regan confirming this is the case.

     

     

    With past precedent and the same Club narrative, without a serious re-think and an outbreak of common sense. I can see no way that the SFA could avoid treating Oldco and Newco as anything but the same entity Football wise.

     

     

    I believe Sevco have refused to pay the fines levied from the LNS enquiry and these are in dispute, it will be interesting to see the outcome. It could be a platform for The SPFL, SFA and Sevco to come together and unwind the five way agreement, that of course would be the smart thing to do.

     

     

    Hail Hail

  18. UEFA Club Financial Control Body are the relevant investigative body to deal with licensing irregularities.

  19. If you haven’t listed to the Celtic Underground podcast, whether ever or not a while or just not this week’s – get it listened to and pass it on to everyone you know of whatever team persuasion. This podcast is the bedrock of what has to happen next. Next podcast should invite fans of over clubs. This would become the irresistible force and there can be no immovable object.

  20. Jungle VIP on 12th November 2015 10:36 am Big Nan, NatKnow and Ernie:

     

     

     

     

    I posted this at the very foot of page 12:

     

     

     

     

    … there’s a good piece on Judicial reviews (in Scotland) here:

     

     

     

     

    http://www.scottish.parliament.uk/Research%20briefings%20and%20fact%20sheets/SB09-75.pdf

     

     

     

     

    Which includes the following:

     

     

     

     

    ‘In England and Wales the actions and decisions of private (as opposed to public) bodies are not usually open to judicial review. However, in Scotland the scope of judicial review is not restricted to the actions and decisions of public bodies and can extend to private bodies where certain conditions are satisfied.’

     

     

     

    – See more at: http://www.celticquicknews.co.uk/whitewashing-in-the-age-of-judicial-reviews-fans-united-were-gonna-do-it-anyway/comment-page-12/#comments

     

     

     

     

    —–

     

     

     

    So it looks like Big Mike knows exactly what he’s doing, i.e. something he couldn’t have done in England, if he were dealing with the FA (rather than the SFA).

     

     

     

    —–

     

     

     

     

    Also, to be fair to Brother Forsyth and his latest piece in the Telegraph, he may well be quoting a couple of Chairmen of Scottish football clubs: such words square with my impression of the intellectual capacity and ethical self-awareness of most of the SPFL blazeratti …

     

     

     

     

    VIP

     

     

    —————————————————————–

     

    Cheers dude. Seems to accord with the Wiki info.

     

     

    Ashley’s lawyers would have advised him if a Judicial Review in Scotland was not possible. There’s no way they’re going to court if they don;t think they have a good chance of success.

  21. I think you can respect the human tragedy of the World War without approving of the British Army’s actions in Ireland

     

     

    Remember that many of the poor sods were sent out there against their troops. Including my Great Grandfather, who then had to return to Ireland and fight former comrades.

     

     

    I buy a white poppy

  22. I’ve just realised something.

     

     

    If Mike Ashley is successful with his Judicial Review involving the SFA (Scottish Fraudball Association), then not only are the SFA damaged, some of the collateral damage will be that Dave King is likely to have to be seen as not “fit and proper” and will no longer be on the board at the new club/company.

     

     

    Mike Ashley will then have indirectly removed Dave King i.e. without being able to be demonised by the press as the “bogeyman who removed DCK”. The influencers (press/radio/tv companies, bloggers, etc.) who support the Ibrox based entity will not be able to easily manipulate the 500 million worldwide fans to protest against him (perhaps,by letting off stinkbombs in Sports Direct shops).

     

     

    Two birds with one stone; he’s not daft.

  23. praecepta on 12th November 2015 10:53 am

     

     

    ‘Chuckles’ Green being represented by Jon Brown Q.C.

     

     

    c/w deeds! :-)

     

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    Is there a Kodi stream? :-)

  24. macjay1 for Neil Lennon on

    Classy half hour ,which included some lovely ball skills,from Tommy Rogic in a 3-0 win for the socceroos.

     

    Next stop Bangladesh away.

  25. So your happy your grandfathers and father are sharing the stage with the black n tans then.

     

    Some people don’t agree so get labelled idiots because your politics should be respected above everyone else’s, were those two main wars fought under the guise of protecting freedom ?

     

    The time to respect the fallen is at the eleventh minute of the eleventh hour of the eleventh month of the year at a memorial service, not at a football stadium and you imposing your politics on everyone that turns up to be entertained at a game of football you didn’t even go to is height of hypocrisy, your grandfathers and father fought for the freedom of those who objected and anyone criticising that freedom when used is dishonoring that principal.

  26. I would like to see the EBT scandal brought on to the European stage, However before it is brought anywhere the advocates of Title Stripping would need to form a coherent organised group representing supporters from as many Scottish Clubs as possible, Should such a group be formed I have no doubt that the internet bampots would rally round and funds would be quickly raised to support the campaign.

     

    One course could be to write to Supporters groups of all the European Clubs whom R^ngers played during the EBT years particularly relating to games where they won or drew and let them know they were cheated.

     

    Football worldwide is on a huge clean up act, there is no appetite for sweeping issues under the carpet, the time was never more right.

     

    However while its OK to talk and discuss ideas and indeed to do preparatory work , we all still need to wait until time for launching an appeal has lapsed.

  27. timaloy29,

     

    That’s the point, you cant, which is why they changed what remembrance day is all about, all fallen servicemen in all conflicts.

     

    You can keep your own thoughts but when you publicly display solidarity with the remembrance day celebrations you are showing respect to all who fell including the black n tans.