The Alba Dystopia

The only part of Celtic’s deserved victory in Trondheim that left a bad taste in the mouth was Stewart Regan’s reaction on Twitter. The audacity of this man, who went out of his way to appease Campbell Ogilvie and to deny Celtic their rightful place in 2011 CL qualifiers, to then congratulate CFC as if nothing had happened, truly takes one’s breath away. Regan’s SFA have done the square root of fuck all to assist Celtic. His assertion that it was good for Scottish football, and to bask in reflected glory, is the measure of this jobsworth. Should a judicial review proceed to a successful conclusion his position will be untenable. He deserves a cold shoulder as much as career criminal King.

However judicial reviews are not granted to everyone who agitates for one. There is a protocol:

http://www.parliament.scot/ResearchBriefingsAndFactsheets/S5/SB_16-62_Judicial_Review.pdf

If sleep is eluding you and counting sheep is not doing the trick then this document is for you. I stopped reading as I feared the onset of a Glasgow Scale Coma. Fortunately Tony McKelvie circumvented this problem by producing a Dummies Guide to a Judicial Review.

A Judicial Review is a process of supervising the decisions of public bodies, and in Scotland, this supervision extends in some circumstances to the decisions made by private organisations. In this context the decisions of the SFA and SPFL are subject to a challenge as to their legal validity, such as:

1) That the decision maker acted unlawfully;
2) That the decision was made using an unfair procedure;
3) That the decision was so unreasonable as to be irrational.

A Judicial Review can also be sought when a public body fails to act. Mr McKelvie further expounds on his thesis thus:

First base then is defining the “decision” that the court will be asked to review. This is subject to a time bar, such that any application for review needs to be made within three months of the decision being made. It’s worthwhile noting here that the decision of the SPL’s Commission headed by Lord Nimmo Smith was made in 2013.”

The SFA’s inertia and the SPFL’s more detailed rebuttal may appear to have triggered the starting gun but one was under starter’s orders as soon as The Supreme Court’s decision was handed down. If we look at clause three and refer to Moynihan’s ludicrous ‘Double Jeopardy’ rebuttal (jj passim) one could easily make a case that his position is irrational. One cannot challenge the LNS Commission directly but one can undermine this kangaroo whitewash by going after Moynihan’s defence of its findings and recommendations.

Mr. McKelvie then writes:

Once the decision subject to a proposed review has been defined, there is a formal process of “petition” to undertake before the court will agree to its review. The petition process has three tests which the ‘petitioners’ require to pass before a petition for Review is granted, being:

1) That the Petitioners have ‘sufficient interest’ in the matter at hand;
2) That the application has a real prospect of success, and;
3) Either – (i) the application raises an important point of principle or practice, or (ii) there is some other compelling reason for allowing the application to proceed

Only once the court is satisfied that the petition meets all three tests, is the petition granted, and a Judicial Review undertaken.

As to point 1 it’s evident that the individuals who have instructed counsel are men of means. A managing partner in a solicitor’s firm will set one back £410 per hour plus VAT, with senior junior counsel charging £600 per hour plus VAT, with a flat fee of £1350 plus VAT for one day in court. Senior counsel will charge a minimum of £800 per hour plus VAT and a minimum of £3,500 plus VAT per one day in court or part thereof. It’s instructive to note that a series of calls from Mike Ashley to David Cavender QC racked up a bill north of £20,000.

One day at the Court of Session will typically run to six figures. One can double that amount if the costs of defending the petition fall due.

It would not be too much of a stretch to suggest that the leading lights in this campaign are CFC PLC stakeholders which satisfies point 1. Should the SPFL not have provision in their rules and regulations to deal with tax evasion, as they claim, 3(i) is satisfied. As to point 2 should the SPFL deploy Moynihan then one would anticipate that the retained counsel of the petitioners would wipe the floor with him.

Murdoch MacLennan, the new chairman of the SPFL, was sent the article that I published yesterday by someone in his confidence. The latter considered it a concise primer of an issue that will soon loom large in MacLennan’s in-tray. Murdoch kept his own counsel. Someone with MacLennan’s background in real journalism might have inquired why my acquaintance and much valued source had to go to the well of social media. Welcome to The Alba Dystopia Mr. MacLennan.

 

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21 thoughts on “The Alba Dystopia”

  1. JJ, I have sent a revised monthly contribution via Paypal F&F, (ref 8110D), thought the close season would have been ‘slow’ news for your blog, its been captivating as usual and interesting times are ahead. Bring it on! Tom

    JJ: Cheers Tom.

  2. Very informative! We live in interesting times! Looks like, if there is some concrete, professional backers then the JR is gaining traction?
    100% agree regarding the character of Regan. Football is an ill regulated Industry. UEFA and FIFA are manifestly corrupt. The multi millions swirling round the globe powering this Industry and finding its way into off shore accounts and tax havens does not have to worry about governance or tight controls. The whole Industry is rife with shady deals and dodgy characters, you only have to look at the Neymar deal and £200m in a one off cash payment as well as the incessant and blatant tapping up of players, Klopps hotel meeting with Van Dyke, Wenger meeting with Mbappe, here the Establishment Club are brazen in their pursuit of Jamie Walker and I expect will get him for their £600k in stages offer. I’m also interested in the structure of the £12M finance that HOM have accessed to build their new stand? However the hypocrites and dodgy characters of elsewhere look distinctly Mother Theresa like when it comes to Regan and Doncaster and their organisations. We can but hope that Justice comes calling and these Spivs are called out for what they are and what they have been doing. For those of us who remember Jim Farry and Ernie Walker we felt, at that time, that was as bad as it got. SIR David Murray and the present incumbents of SFA and SPFL and their predeccessors have taken Scottish Football to a whole new depth of corruption and scandal.

  3. Dermot Desmond is a real millionaire and Celtic have many supporters who are very well heeled. If the SFA/SPFL refuse to follow the Supreme Court consequences of title stripping then there will be sufficient funds and expertise to ensure that it happens. Murdoch would do well to avoid a war that he cannot win. I do not know the man but as a newcomer he has the opportunity to placate or provoke the resistance movement. He cannot defeat the rules of football.

  4. I cant see Dermot Desmond financing a JR. Also, he is a Billionaire with zipped up pockets as far as Celtic are concerned and doesnt his shares allocate him dividends from CFC PLC unlike the Celtic Supporters B shares? Maclennan will simply follow his predeccessors and align himself with the Status Quo and probably quickly become yet another Curruption denier

  5. What would we know, we are only fans with evidence.

    1) That the decision maker acted unlawfully;
    2) That the decision was made using an unfair procedure;
    3) That the decision was so unreasonable as to be irrational.

    1. The decision maker acted lawfully and did not err in law as he followed the evidence led to him, however the honourable gentleman was misled as the desired result reached was obtained through deception, as evidence that may have provided a different result was withheld.
    2. The exclusive and deliberate withholding of required registration information was made in the knowledge that to do so would have resulted in a different decision.
    The withholding of dual contracts led to an inference that if something is not unlawful then there are no advantages gained in withholding the dual contract and the details of the contract.
    Had the facts been made known the outcome would have been different and by deliberately misleading to gain the result required the knowledge of deceit was an unfair procedure in that it set out to dupe the decision maker to receive a desired result. The procedure to be followed was not the procedure that should have been followed as it was devoid of information that should have been made in order to follows the rules in place.
    3. it follows logically that the deliberate and misleading of the review led to a decision that was unreasonable and the rules if implemented properly with all facts made known, only then would the procedure and course of actions that followed render the procedure fair. To withhold deliberately information when you know it is required is not an administration error or failure it is the conspiracy to withhold facts and pervert the course of justice.

  6. Great stuff as usual JJ – Monthly donation made 0YJ90684YC37xxxx Not much, but hopefully enough to wet your beak. This particular rolling stone is certainly appearing to gather some moss now.

    JJ: Thank you.

  7. The media and fans of Rangers, and indeed fans of Sevco, are often at pains to point to LNS commission as the definitive word on the whole EBT palaver.

    I wager most have them have never read it and I find it amusing that they completely forget this gem in the report.

    1. Rangers ceased to be a club

    Furthermore the SFA disciplinary commission into the non payment of tax found that it was “second only to match fixing”.

    (and this is just 2011/12 season let alone the decade or more of cheating)

    Why any sane person would seek to defend any of this is actually frightening.

    The more recent comments from Mr Topping saying that he was “confident” that they could withstand and rebuff any further complaints or a judicial review is outrageous. What governing body in any sport in the world would seek to defend blatant cheating and publicly insinuate that it was petty rivalry that was the reason for the complaints?

    Bottom line, they are shit scared of the former rangers fans finding out (eventually you thick morons) that they are being conned and this time their postal activities present a more viable problem for the recipients. They also know that no other supporters of any other club will revert to physical intimidation. The police know that too. As does Nicola Sturgeon and the “even things up” bigoted trash in her party at the jumped up council building in Holyrood.

    Oh yes there will be verbals and tweeted threats but that can be brushed off as “bitter fenians”.

    They don’t want a pasting from their loyal brothers. So the truth and justice is stifled.

    Cowards

    1. General, when Mr King suddenly disappears in a cloud of asbestos dust leaving nought but a ha’penny chew the sevco fans might finally come to their senses. A Celtic victory over Astana will be devastating for the klan. But Mr King couldn’t give a toss.

  8. ffs, keep this open. stop buying the record, sun, herald etc, even give a quarter of your normal ‘newspaper’ money. this is real journalism.

  9. A very good morning JJ from Thailand, where the hardest part of my day consists of deciding what day is best to cut down this ripening banana tree in the garden.
    Sorry for using the reply section to make communication but I’m out of other options.
    I flippantly posted a screenshot on twitter of a Thai advert on your account asking for others from different countries to do the same. It was meant as a light-hearted attempt at looking at the variety of readers around the world, not a sly attempt at anything else. I’ve been an ardent fan and occasional donator for some time now and I’m hoping that you’d review my current twitter status please.
    I know you don’t put much on twitter, mostly just links to your blog, but that’s how I go to your site.

    Many thanks in advance.

    My twitter is @Shuggie19163

    1. As I’m currently experiencing high volumes of Twitter traffic, the mobile version for hand phones is being used to place ads from their biggest clients. So far my desktop is clear. When you changed that it stuck in my craw. I’ll give it some thought.

      1. ID 4EW60798FW187642N: 50euro
        Two other donations.
        Changed? I’m presuming it’s a mis-spell as I haven’t changed anything. I wasn’t challenging either. I’m quite happy there’s ads in your blog, I made suggestions regarding this along time ago. We All have mouths to feed and you are no different.

        I really hope you can see I don’t mean any harm.

      2. I HAVE NO CONTROL AND RECEIVE NO RECOMPENSE FOR ADS ON TWITTER AND WORDPRESS. I SURVIVE ON THE MUNIFICENCE OF READERS. PLACING AN AD ON MY SITE STRIKES AT THE VERY HEART OF MY INDEPENDENCE.

        Thanks for the donations. I will remove you from the blocked list

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