The SPL Independent Commission investigating oldco Rangers for various alleged rule breaches which was scheduled to re-convene next week under Lord Nimmo Smith looks as if it will need to be postponed.
Rod McKenzie, the partner in Harper MacLeod, who was to present the SPL case against Rangers, was injured in a fatal road traffic accident last week. Whilst he is understood to be on the road to recovery, and I wish him the speediest recuperation, it means that he is highly unlikely to be able to appear for the SPL next week.
Harper MacLeod could seek to replace him, but this close to the hearing that would not normally be seen as wise on the firm’s part.
Of course any application for an adjournment would require the approval of the Commission. Normally too there would be the chance for the other party in the hearing to make representations too.
However, as Rangers have declined to participate in a “kangaroo court” then they won’t have anyone there to make these presentations, and, having said that they do not recognise the proceedings at all, it would be difficult to argue that there was any prejudice in a delay.
Of course at the previous preliminary hearing the Commission tested the arguments of the SPL fully, even in the absence of an opponent for Mr McKenzie.
However, even if the Commission thought is was possible, I suspect that they would not wish to consider the case, including the examination of witnesses, in the absence of representation for all parties!
One side-effect of a postponement would be that the re-convened hearing would likely fall after the issue of the Big Tax Case judgement. There is the possibility that that will disclose further evidence damning to Rangers, or of course that it might be full of testimony helpful to them.
We just have to wait and see!
Posted by Paul McConville
Random Thoughts Re Scots Law by Paul McConville 
According to previous statements from the SPL, Rod MacKenzie was only involved at a low level. I think the words may have been paper pusher.
So why the need to delay the hearing in his absence?
Maybe they want the FTT result published first. Its a conspiracy I tells ya!!
Sprotson,
When did the SPL refer to Mr McKenzie as a “pen pusher”?
I’d be very surprised if the SPL had called the man who was preparing the case and presenting it to the Commission by that title. I’m not saying you are wrong, but it seems odd.
Anyway, I am sure other of his clients have called him worse!
I cant remember the exact words used, by essentially the SPL were trying to distance themselves from MacKenzie and imply that he had limited involvement in the case.
This was at the time when Rangers fans were accusing MacKenzie of having an agenda against them.
“Low level document gathering” was the words used.
I know – I couldn’t stop laughing either.
@Paul
have to disagree Paul, while I bow to your obvious superior knowledge of the Scottish legal system, and while I agree he was more than a “pen pusher”, he will surely have been working with this with at least one junior and assistant. They will be very familiar with the case points and main terms of reference. It would be a simple exercise to brief another lead for the delivery and there is more than sufficient time for them to read in.
I think that the delay is not something either the SPL or the Commission would welcome given tight working schedules for the Commisioners and the necessity to see this resolved sooner rather than later.
If he is well enough to talk then he can easily impart the main points and his strategy if he has one.
I suggest that SPL will make the decision as they are after all the instructing client.
As you say only time will as always tell.
Michael
” It would be a simple exercise to brief another lead for the delivery and there is more than sufficient time for them to read in.”
Lawyers and barristers don’t do simple and quick, they do complicated, slow and very very expensive . Believe me when I say that I’m speaking from experience.
Looks like lots of solicitors and lawyers giving you the TD Ernsider, well suppose its “Scots Law” blog so only to be expected really 🙂
Michael
Have you heard about the man who was hunting in the middle of a jungle. He was suddenly confronted by a poisonous snake, a man-eating tiger and a lawyer. He checked his gun and found he had only two bullets left, so what did he do?
He shot the lawyer twice. .
5 so far, probablyat £200 pound apiece. Come on fellas just I can’t afford this.
The host of this blog was particularly slow and expensive. So much so he received a 10 year ban from his professions governing body in Scotland.
Paul, I am unable to ‘get my head round’ the delay in the FTT verdict – do you really think that there is some kind of ‘orchestration’ going on here – I leave out the word conspiracy as this may be too strong?
The longer it takes and the further the new Rangers brand are ‘away’ from the result of the FTT and the SPL investigation, the more likely it seems that they may escape any significant sanctions.
I think we should actually take a bit of a step back here and remember what has happened. A human being has died in a car accident and at least one person has been injured.
To many the result of the SFA Inquiry is of vital importance but it is of nothing when weighed against loss of life and injury.
I have no idea how badly injured Mr McKenzie was either in a physical or psychological sense. But I would think that no matter how well he is progressing from physical injuries it may well be that he is not in a frame of mind to brief anyone about legal proceedings.
Even if the person who died wasn’t known to Mr McKenzie it is highly likely the lawyer will not only have suffered psychological trauma over the death and circumstances but also, as happens to many people caught up in such horrendous circumstances, may well be considering his own mortality.
Perhaps we should all just take a moment to reflect on how transitory human life can be and, without knowing the circumstances of the accident which are in a sense immaterial, give a thought to those who will be grieving for the loss of a loved one, friend or relative.
I too wish Mr McKenzie God Speed in his recovery and we can all rest assured that the SFA Tribunal will still be there after he returns to work – but we should bear in mind it amounts to a row of beans when set against life itself.
Here Here !!!
Well said ecojon.
incidently, those who applied TDs to ecojon’s statement should take a long hard look at themselves.
@EJ
While I echo your sentiments and wishes, life does go on and that is a simple fact.
If he had been unfortunate to die in the accident then a replacement would have naturally been drafted in and it would be business as usual. there is no sentiment in business and law.
I am not being insensitive, just practical. Its not that I am desperate to see the Commission sit and the resultant opinion delivered, to be truthful I ain’t however I am a realist and have seen death and destruction at first hand on many occasions and know that as I say life goes on.
Guess I’ll have dozens of TD for the comment but it is a free thinking world at least here it is.
@ michaelk1888
I accept that had he died then things would have carried on but there would most definitely have been a delay in the tribunal in that sad event.
I do think, since we are not aware of what injuries were suffered, that it is too easy just to say the tribunal should continue as planned. Even if Rod was fit enough to brief then could a suitable replacement be found at such a short notice.
I find it is usually easier to make demands for action when all the facts are not known because when you actually know what the full reality is the restraints on action are usually all too clear.
IMHO it is irresponsible to take any chances with the Tribunal just because we are getting impatient waiting. I am impatient as well and want to see how it pans out but I am prepared to accept that I am now probably going to have to wait a bit longer.
Well said ecojon.
Also, as Martin says, those who have added TD’s to ecojon’s comment should really take stock of yourselves & your way of thinking.
Well said ecojon. Although Paul was right to supply us with this information
our thoughts should be with the people involved with this accident.
@ Joseph
Paul was absolutely correct in advising on the situation and what the resulting effect might be. What I was uneasy with, in some of the posting, was that somehow or other human life might be taking second place to the priority of holding what is essentially a bureaucratic process.
As I say the end result of the tribunal will still be the same whenever it meets as the evidence to be presented won’t change and I doubt whether the FTT decision will have any effect on proceedings. In stating that I put my hands in the air and admit that originally I had always thought that the FTT should report before the Tribunal sat.
Thanks to wise words from Paul and other posters I eventually got my head round the argument and saw that, although there is a common linkage through the evidence, there are actually separate legal issues to be decided.
Whilst my thoughts go to all involved in the fatal car crash.
It should be noted SPL did state McKenzie was an advisor only. Now he is critical to the piece. It should also be noted, McKenzie associations with Peter Lawwell and that of the firm Harper MacLeod. It is clear there is an agenda against Rangers and McKenzie, with Lawwell, are determined to strip Rangers of titles. Why have the other 17 possible sanctions never been mentioned?
@ I have heard the range if sanctions mentioned a number of times – the fact that they are not listed by the MSM is down to lazy journalism I would suggest. But they have certainly been listed on here a number of times stretching way back.
And what has any association that Mr McKenzie has with Peter Lawwell and Harper MacLeod.got to do with a car crash – have your pills run out?
If you want to know about the Catholic inspired conspiracy against Rangers I would suggest your read the latest post on the Blog and all with be revealed.
As for your childish comment: ‘It is clear there is an agenda against Rangers and McKenzie, with Lawwell, are determined to strip Rangers of titles’ – Let me suggest a trip to the doc for a repeat scrip and one to Specsaver as well to help correct your tunnel vision. You can also help deal with your eye problem if you stop staring at the bright lights you see at the end of the tunnel. It is actually a hallucination and that, I’m afraid, requires a visit to a psychiatrist.
However if you have a scrap of evidence for your claims report them to the police because you have uncovered a serious criminal conspiracy. I realise that you might not want to do so as Rangers supporters tend not to support the State by condoning massive tax evasion but I’m sure chico would love to hear your evidence so that he can immediately take legal action to prevent civil disorder when Rangers is laid bare as well as its trophy cabinet. The history has already been shredded btw.
@Keith Laird
Oh dear Keith! It seems you’ve been reading Leggoland,and what’s worse, actually believing it re Peter Lawwell.
@ Maggie
Actually Leggo is turning into one of the best comedy routines on the go 🙂
He is actually saying now that he got it wrong with Charles Green, Imram Ahmad and Brian Stockbridge when he continuously dismissed them as being the lowest of the low. He was also one of the main sources of the hatred directed at ‘The Banker’ who I wrote about at: https://scotslawthoughts.wordpress.com/2012/11/07/star-chamber-judgement-prominent-scottish-banker-cleared-of-destroying-rangers-post-by-ecojon/
However, despite ‘The Banker’ being cleared of the charge of ‘destroying’ Rangers’ by Leggo’s fellow Rangers Blogger Bill McMurdo Jnr I won’t hold my breath over ‘The Banker’ being cleared by Leggo as he is the ‘wrong’ foundation stone upon which Leggo has built so many of his fantasy conspiracy theories – picked just because he was a Celtic-supporter with a Catholic-sounding name.
I feel sure that Hiram would never have been as sloppy in creating Solom’s Temple as to use shifting sand for his foundations.
But the best laugh in today’s Blog by Leggo’s is: ‘Having looked Charles Green in the eye, having looked Imran Ahmad in the eye, I feel comfortable enough with their stewardship of Rangers’. I wonder how chico and Imran felt when they saw the glints in Leggo’s eyes 🙂
However he claims that he has been shown the share prospectus for the Rangers AIM Flotation – this is the guy that a few short weeks ago was exhorting Rangers fans to ‘starve-out’ the new regime by not buying season tickets but is now urging them to buy shares – shares which might not even have voting rights.
@ecojon
I read it earlier today,he’s priceless!
That old Presbyterian granny of his is a veritable sage.
@ecojon
Back on form I see and not a scion in sight 🙂
Did you call Noam Chomsky for clarification. Lol.
Only joshing.
@ Maggie
Maybe no scions but plenty of signs 🙂
I have thought about emailing Noam seriously 🙂 But I decided that he could be compromised on the issue because his linguistic theories are built on too narrow a basis.
However, I’m with him all the way in his anti-war messages,
@ecojon
Go on eco,he’s just hanging about all day at M.I.T. prowling the corridors
looking for the next Will Hunting 🙂
I feel he would love to become involved in this debate.Can you imagine
that forensic intellect let loose on the Rangers’ issue.
@ Maggie
Even with his undoubted intellectual powers I happen to believe it will be beyond him because like the rest of us he is merely mortal and therefore not on the same wavelength as our friends on the Darkside of the Moon where reception is non-existant.
Seriously though, he has been pretty awesome for what seems like forever but I wasn’t joking when I said his language stuff isn’t what really grabs me about the guy – it’s all the other things. I really should go back and re-read his books.
I’ll start here next week when life returns to nearer normal – whatever that is 🙂
http://books.zcommunications.org/chomsky/ni/ni-contents.html
@ Maggie
Didn’t get the Will Hunting connection but after googling assume it is:
‘Needs help from a psychologist to find direction in his life’.
The pot must always be careful re the kettle but I think I get your drift 🙂
KEITH LARD
” It is clear there is an agenda against Rangers and McKenzie, with Lawwell, are determined to strip Rangers of titles.”
The paranoia persists. I reflect again on the futility of attempting to eradicate inherited ignorance. Nothing ill can befall any of the WATPs without it being a Celtic/Catholic/Republican conspiracy.
You cheated and didn’t pay your tax you daft Prat.
Care to repeat your cheated allegations Ernesider? BTW your name calling reduces any credibility you may have possessed, leave it for the message boards.
It is going a bit far to say that there is a conspiracy, but youa re quite right in stating that the SFA or SPL have stated that Mackenzie is involved at a low level – main to dispel conspiracy theories held by Rangers supporters.
Are they now saying he is critical to the proceedings going forward?
@ Sprotson
Why don’t you ask them if the issue is of such importance to you?
@ Keith Laird
Your comments are really outrageously ridiculous. SERIOUSLY?
If you took the time to actually read past postings on here then you would be aware that most posters here have always highlighted that the strongest santion would be the explusion for SFA which is still the real possibility.
Its your own chucky bhoy and Jabas crew that keeps talking up the stripping of titles so that he gets the ignorant masses onside and his hands in their pockets as well as his garbage embedded in their brains, assuming they have one.
Be assured that whatever fair minded santion is delivered will finally be welcomed by everyone outside Govan
@KEITH LAIRD, re the emphasis on title-stripping, I believe I am correct in remembering that the first people to have highlighted and put stress on that single, non-financial, penalty option were in fact Messrs Green and McCoist – and as it was pointed out at the time, that option, if one penalty had to be chosen, would have been the least harmful the newco consortium’s financial plans.
Therefore, subject to whether any financial penalties can in fact be levelled against the newco for the sins of the oldco (see my comment below), most discussion has been about stripping titles because the aforementioned persons made sure (planned or otherwise) that it was the main topic of conversation when the public conversation inevitably turned to penalties.
So I’ll repeat what was said at the time: it would be very interesting to see what the Green regime would pick if (hypothetically y’unnerstand) it was given a choice between losing titles and either paying ‘substantial’ fines, or being barred/banned from certain competitions – which would of course equate to financial penalties.
I think also that the stripping of titles is one of the easiest – and cheapest – of the 17 penalties to apply, not to mention being the one that seems to best reflect what most people think the main effect of the ‘wrongdoing’ was – the unfair winning of said titles. Seems pretty straightforward to me, anyway.
As for the implied conflict of interest regarding Harper Macleod’s involvement, I refer you to the Scotslaw blogs own excellent archives in which you’ll find Paul McC’s well-thought and reasoned argument as to why the idea is utter nonsense.
@Keith Laird
You really are a sad individual and, as it seems you are incapable of even the most basic research (ie reading the many posts & comments regarding conspiracy etc on this site & others of a similar ilk) you should perhaps confine yourself to the likes of Leggoland and Jabba’s nonsense.
Had you bothered reading some of these previous posts then you wouldn’t be making ridiculous assertions about the “unseen fenian hand” behind these so-called conspiracies
Thanks for the update Paul. Good point by Ecojon – well said. Also, as regards the reason for Mr McKenzie’s absence/the delay in the commission, I would expect that a traffic fatality would be treated as a top priority by the police and other services, so it may not just be a case of the lawyer’s physical ability to present the case at the commission. Investigators would, I presume, have ‘first dibs’ on his time in the following days and weeks.
God speed to Mr McKenzie, and I also send my condolences to the family that has suffered the fatality.
To return to the legal proceedings addressed here, perhaps, Paul, you could use the expected break to refresh us on what exactly are the ramifications for the newco of any results from both the SPL commission and the potential HMRC findings. I am a little rusty on how/why these can effect Sevco, given that newco’s main argument is that in both cases it is nothing to do with them, but a matter for a defunct entity, the oldco. (It’s been going on quite a while, after all!)
@ Kenny McCaffrey
And perhaps for the sake of our Rangers brethern Paul can repeat every one of the possible sanctions available to the SPL. I hate to bring extra grief to the blue division but they seem to think that only one sanction will be imposed.
It is my understanding, that if so desired, the SPL can apply every single one of the 17 sanctions 🙂
@ecojon
While, as you understand, the SPL can apply every single one of the 17 sanctions, how many of them can they enforce with Rangers not being in the SPL?
@ Robert
If you have read the many discussions on here and had an open mind then you would know the answer to that – and quite simply it is all of them.
I have no intention of raking over old ground but the arguments are all on here and plenty of other places for you to read and study. However you appear to miss the point that, at the end of the day, any sanctions taken by the SPL will be endorsed by the SFA and as far as I am aware you are still a member of that Association for the time being.
Most people have a quiet smile at your current love-in with the SFL and your belief that you can manipulate the diddy-teams to your own ends. Well the teams you think you’re conning can run rings round Rangers in terms of finance and football as well it seems.
You think they love you – What they love is your cash which they will put to good use for their clubs and communities. I’m afraid until Rangers steps off the road to World Domination you will never be loved except by the extreme element of your support.
@ Robert
I should have added that a lot of Rangers appear to think that by buying their club history for £1 they also bought the ‘titles’. In fact chico doesn’t even think the club owns the history and titles – he thinks he did because it was his money that bought them and has stated so publicly.
However, lest there be any doubt the’titles’ always belong to the awarding body and it doesn’t matter which sport or association involved anywhere in the world.
They can always rescind and withdraw any title award they have made if circumstances later come to light which negate the validity of the award. At the moment we are waiting on the SPL inquiry to meet and reach a decision on this matter as you are probably aware.
@ecojon
You have given a very long response but you appear not to have understood the understood the question.
Will he repeat his (edit) alleged ‘Hampden outburst’? You know the one he (edit) allegedly quite vociferously claimed of cheating for 10 years, I do believe he used stronger language, not really becoming of someone in the legal profession.
At this point, I am more interested in what caused the “accident”. Given the bombs and bullets sent to Celtic players, managers and prominent fans; and taking into account the death threats to bloggers and journalists reporting on any issue regarding sevco, my main concern would be
1. Was it even an accident?
2. Were there any death threats meted out to Mr McKenzie
Leave the conspiracy theories to Rangers fans!!
I do not believe that Rangers fans have a monoploy in conspiracy theories.
McKenzie and all others involved, who are not called by name in this blog, should be wished a speedy recovery. We should be concetrating on road/traffic safety upon news like this, and less on conspiracy thoerem