Summary Issued By SFA of Reasons for Rejecting Rangers Appeal

http://www.scottishfa.co.uk/scottish_fa_news.cfm?page=2986&newsID=9867&newsCategoryID=1

 

Appellate Tribunal Statement

Wednesday, 16 May 2012

 

The Appellate Tribunal will give its full reasons in writing in early course. However, in summary, it considers that:

1. It was competent for Disciplinary Tribunal to impose the additional sanction of prohibiting registrations of any new players of 18 years or older for a period of 12 months.

2. The Disciplinary Tribunal was correct to determine that the conduct involved – especially the deliberate non-payment of very large sums, estimated in excess of £13m of tax in the form of PAYE, NIC and VAT – was attributable to the club as a member of the Scottish FA.

3. The Disciplinary Tribunal was correct also in holding that the maximum fine available for this breach was £100,000, and on its own was inadequate as a punishment for this misconduct. It was therefore correct to select an additional sanction.

4. The sanctions available included expulsion from participation in the game and termination or suspension of membership of the Scottish FA, which would have had a similar effect. The Appellate Tribunal observes that serious consideration was given by the disciplinary tribunal to imposing one of these sanctions, which would have had obvious consequences for the survival of the club. The Disciplinary Tribunal rejected these as too severe and this Appellate Tribunal agrees with that conclusion.

5. Although the Appellate Tribunal has listened carefully to the representations from Rangers FC about the practical effects of the additional sanction, it has concluded that this sanction was proportionate to the breach, dissuasive to others and effective in the context of serious misconduct, bringing the game into disrepute. In particular, the Appellate Tribunal recognises that the Disciplinary Tribunal decision does not affect Rangers’ ability to extend the contracts of existing professional players, including those whose contracts will expire at the end of this season and including also those currently on loan to other clubs. The Appellate Tribunal observes that Rangers FC have over 40 professional players in this category.

Therefore, the Appellate Tribunal affirms the decision of the Disciplinary Tribunal.
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I will get some comments up re this and where things go from here shortly.
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9 Comments

Filed under Football Governance, Rangers, SFA

9 responses to “Summary Issued By SFA of Reasons for Rejecting Rangers Appeal

  1. jim62

    I did say the original judgement was a thing of beauty!!!

  2. Dhougal

    Thanks for keeping us upto date,altho the SFA have not backèd down ,i would have prefered expulsion for them

  3. Den

    You must give the panels credit for the thoroughness of the process.
    Rangers are lucky not to have been penalised more heavilly.

    I hope that the result is accepted with good grace.

  4. Glazert Tim

    Bet the RFF are glad they spent all that money on a QC.

    Can just see the pre-hearing session:

    QC. “So what is you line of defense?”
    RFF. ” We are the people!”
    QC. “OK. Left field but it might work. I’ll take the case but you are going to have to get to an ice-cream van.”
    RFF. “Ice Cream?. You havin a dig, ur ye a Tim?”
    QC. “No, i was expecting my £35k fee in cash, not ginger bottles.”

  5. fisiani

    And still the SFA to pronounce on the dual contracts issue. perhaps next week.
    If there were dual contracts then
    3-0 defeats in every game for 10 years is automatic
    Title stripping for a decade is an automatic.
    Expulsion from the league for bringing the game into disrepute and for financial match fixing is a virtual certainty.

  6. John Pollock

    I stand corrected said the man in the orthopedic shoes;)

  7. Just five or six more appeals to go then.

  8. They should also have been given a nominal ten year ban for their history of bigotry and sectarianism that they peddled inside Scottish football as a deterrent to sycophantic clubs. Still. . .the best is yet to come!

  9. Its hard to believe that Rangers fans – ok, maybe not so hard to believe seem to think as the maximum punishment was £100,000 that the rules have been somewhat changed to suit the SFA. Isn’t it a catalogue of offences they are being punished for? Two £50,000 fines and a £60,000 fine I believe. Sandy Jardine has went from blaming one individual to blaming “individuals.” Is this an admission that Craig Whyte, Greig et al are to blame thus meaning that the ‘brain’ of the club is indeed guilty? Make your mind up Mr Jardine, the QC representing the club has even accepted this is no defence in law. The fans were quite happy for these ‘individuals’ to sign players to win trophies to rejoice in but now as they have done something unlawful and unfair the fans shouldn’t suffer? So its ok to rejoice when things are good, but its not ok to suffer when things are bad? You took the good times, now take the bad times – that’s love!

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