More info from BRTH via CQN
BROGAN ROGAN TREVINO AND HOGAN on
28TH OCTOBER 2019 10:22 PM
CELTIC MAC on 28TH OCTOBER 2019 5:28 PM
You raise a good point – It was indeed RFC who took the preliminary point before the Judicial Panel and that in itself is an interesting story.
So pin back yer lugholes and consider the following:
1. Having conducted an investigation into the UEFA licence grant etc, and having decided that there was evidence which pointed to both SFA and UEFA rules breaches and so the SFA decided they now had no option but to bring charges.
2. But who do they charge? The Company formerly known as Rangers PLC in liquidation? The current company? Who?
Well, having peddled the continuation myth they decided to charge …….. “Rangers Football Club” – whoever that may be.
3. Needless to say the charges feel to be defended by the company which currently runs “Rangers Football Club” and as we understand things they may have decided to whip out a mythical agreement which might just say that the new company which runs Rangers Football Club can’t be liable for the transgressions of the old company which used to run Rangers Football Club.
4. So, when the Judicial Panel meet to consider the charges, RFC take a preliminary point which says the SFA can’t prosecute this case and at the same time appoint those who determine the case because the SFA were party to an agreement which might form the basis of a legal defence to these charges.
In essence, when these charges are considered it could be the case that the SFA might just be the prosecutor, witness, expert witness and the ultimate judge who determines what punishment should be handed out in the event of a guilty verdict.
Clearly that cannot be allowed in law and so it was argued that the entire matter should be referred to the Court of Arbitration for sport.
The Judicial panel agreed — any competent legal judge would have reached the same conclusion.
5. And so we now await the SFA implementing the verdict of the judicial panel by referring the whole matter to the Court of Arbitration for Sport.
Of course, the nature and detail of the preliminary point considered by the judicial panel – including the terms of the mythical agreement — would also be before the Court of Arbitration for sport and that court can stop and consider what the mythical agreement says, what it was meant to say and the court can examine its very purpose when interpreting its provisions.
For some reason I suspect that this makes some people nervous and explains the 16 month delay we have seen so far.
As I said earlier – if the entire matter had been referred to CAS 6 years ago there would have been cheering.
So, I have no trouble at all with the fact that it was RFC who formally moved that the charges be referred to CAS – in fact it was a great idea.
But the SFA seem to be nervous about doing it and so they should be encouraged.
As shareholders in Celtic PLC we have asked Celtic to encourage them.
Celtic say they have done this but can’t get support from within the SFA as they are only one voice – which is true.
So the resolution asks Celtic to take the matter away from the SFA and refer it to UEFA who invited Celtic to do just that.
Celtic say that the SFA are still the right body to deal with this and presumably the board still believe that the SFA will take the matter to CAS despite the long delay.
I hope the board are correct – but we have our doubts.
In the event of the SFA not acting we think we may have a legal remedy through the courts, but it is only correct that we should formally ask Celtic to refer the matter to UEFA or the Police if that is appropriate.
The board have a different view which is fair enough.
Thus far we have been right in just about all we have said and the charges and the judicial panel ruling completely vindicates the initial reasoning behind the resolution. Indeed the preliminary argument presented by RFC helped prove the point.
It is important that as many shareholders support the Resolution as possible as that would be good but if the board ultimately vote against it and defeat the resolution it doesn’t end anything and merely means that we may be forced to go down a different route which we have already discussed at some length.
Father Jack
Celtic were not a signatory to the 5 way agreement but we are aware from certain e-mails and minutes that a former Celtic Director was present when a version of the then draft agreement was circulated.
I doubt the content of the agreement will come as a surprise to our board — although it should be noted that its terms seem to have been completely forgotten by the former CEO and Corporate Compliance officer of the SFA and as a result they have walked face first into an almighty mess of their own making.