Prior to my thesis on how the SFA/SPFL overlap is playing us for fools, I will take pause to continue a tradition on this site of reviewing the weekend action in the Scottish Premiership. In many ways it was a tale of two referees. One weak and one bent. The former was Kevin Clancy. Kyle Lafferty was playing like a headless chicken, committing fouls and diving with impunity. His style was a throwback to The Cheating Years when he was in his WATP pomp. Having received a yellow card after committing six unpunished fouls, he then dived in an act of blatant simulation. Did Clancy follow the rules and dismiss Lafferty? No he bottled it. In the final analysis even a weak referee could not stop a rampant Celtic from adding another convincing win to their unbeaten domestic run. If John Daly was hoping to use yesterday’s game to advance his case to be the manager of Hearts then he failed miserably. If Griffiths had not been so profligate CFC would have scored seven. The odds of 1/10 for CFC to win their 7th successive title seem generous.
The bent referee is former Rangers season ticket holder, Bobby Madden. When Lite went one up with a lucky opener which cannoned off two players on its way to the net, Motherwell must have known that they would have to score three goals to win this game. When Madden is in charge of a game involving his team, he will award a penalty should a defender sneeze in the box. Tom English, who seems to be suffering from Hun Stockholm Syndrome at BBC ScotHun, described the award as predicated on a loose elbow. The linesman did not spot the ‘offence.’ No flag was raised. It was ‘a good spot‘ by Bigoted Bobby who was looking for an excuse to give Rangers an edge.
Later in the game Tavernier blatantly pushed a Motherwell forward in the back to deny him a clear header from three yards. He committed a professional foul to deny a goal scoring opportunity. He should have received a red card and a penalty should have been awarded. What did Madden do? He waved play on even though he had clearly witnessed the cheating.
Cheating by referees is going to be more prevalent this season. The referees can see as clearly as anyone that Rangers cheated to win titles and that their employer, the SFA, refuse to punish them. They can perceive that the Scottish game is corrupt. So why not subvert a game or two for fun when the SFA allowed Rangers to subvert the Scottish game for a minimum of eleven seasons.
The undischarged bankrupt that is Gordon Smith, who went bust owing £644,000 and change, was quick to opine that the EBT did not confer a competitive advantage to his former employer, Rangers. Radio ScotHun provided him with a platform to expound on his thesis. Helicopter Sunday was exciting in Smith’s considered opinion. Tell that to the Celtic fans who lost the title to a team of bent players who were all evading their social taxes. I would like to see Smith try to colour them excited.
Traynor is doing an admirable job of defending the indefensible by pushing individuals like Smith and RFC cheerleader BFDJ into the media limelight. When it comes to BBC ScotHun he is pushing against an open door.
When temporarily reverting to football one should note that Aberdeen made light work of Hamilton, as did Hibs who were the hosts to Partick Thistle. Ross County and St. Johnstone won away by the same margin, 2-1, at Dundee and Kilmarnock respectively.
I digress. I have a lot of time for Brogan Rogan Trevino (BRT) who writes eloquently about a number of topics. I was at one time accused of being him while masquerading as a Rangers supporter. It was of course nonsense from The Klan who have upped their game considerably since this wild goose chase. It was a backhanded compliment to be compared to someone as accomplished as BRT.
He formerly wrote extensively on the late Paul McConville’s site and continues to write for the Scottish Football Monitor. I’m sure he must realise that any Judicial review of the decisions made by the LNS Commission are time barred. I’m surprised that he seems to consider a review as likely while I unequivocally demur. We don’t always see eye to eye.
However he expounds on a thesis that I first encountered in CQN. The author of this thesis, who is known to me and privately corresponds with me, fears retribution by The Klan if he were to break cover. His anonymity is assured. BRT on the other hand is prepared to nail his colours to the mast. BRT makes the following incontrovertible points:
1. Craig Whyte has already been personally convicted by the SFA for deliberately failing to pay taxes as and when they fell due under article 5.1 of the SFA rules.
2. No such charge has ever been levied against RFC — just against their CEO.
3. Not only did RFC fail to pay taxes as and when they became due under Whyte’s watch, they deliberately failed to pay taxes for a 13 year period under the stewardship of Sir David Murray. They did this by deliberately entering into two unlawful tax aggressive tax avoidance schemes which even their advisers warned them could only be undertaken at considerable risk to the club as the schemes were never guaranteed to be successful.
4. Those schemes were entered into so that the club could buy players they would otherwise not have afforded.
5. In furtherance of those schemes, RFC chose to deliberately withhold the full details of their contractual arrangements with both players and managers from both the SFA and the SPL when submitting their applications to play under licence and in terms of the rules of both organisations.
6. In each of the years concerned, RFC had to apply for both domestic and European Licences to play football, and it is the granting of these licences which allows any football club to play in structured competition organised under the auspices of, or with the approval of, the SFA or UEFA.
7. Each and every licence application as submitted to the SFA in the knowledge that key financial and contractual information had been excluded in furtherance of tax avoidance purposes, and tax, which has since been declared to be legitimately due and payable from 1999 onwards, was unpaid and remains unpaid.
8. The above processes and procedures are no different, and indeed are considerably worse, breaches of article 5.1 under which Whyte was personally convicted and fined.
9. Further, as part of the HMRC investigations into the use of unlawful tax schemes, RFC deliberately lied to HMRC, SFA and SPL about the existence of side letters and other contractual documentation. This is particularly so in relation to the annual application for a playing licence.
On 20th May 2011, HMRC, in relation to one of the tax schemes, wrote to RFC and accused the club of “deliberate and fraudulent” behaviour in relation to the continued submission of false PAYE and NIC returns over a period of years.
10. It, therefore, follows that each and every application for a football licence made by RFC to the SFA from 2000 onwards (at least) was based on falsified financial, contractual and tax information and was designed to mislead the SFA with a view to persuading them to grant a licence on misrepresented grounds.
11. Not only is the above a breach of article 5.1 of the SFA handbook, but any licence obtained by misrepresentation has not been validly obtained as it has been obtained by way of false representation and deception.
12. It is a pre-requisite of entry into any league competition that the participating club holds a valid licence to play football.
13. In the event that a club did not or should not have held/hold a valid licence to play, that same club is not free to enter structured competition or register players to participate in such competition. It also follows that any declaration of a result of 0-3 in relation to any particular game as a result of a rule breach (such as fielding an ineligible player) is of no consequence because the club concerned was not eligible to participate at all.
14. The Court of Arbitration for Sport has already been invited by UEFA to hold that any application for a licence or any other compliance submission, which is devoid of all necessary financial and contractual information should be treated as null and void and as never having been received.
15. The same Court has also held that any title, championship, award, record, reward or other benefit which has been gained as a result of an improper or prohibited process should not be allowed to stand, the records of the award etc should be expunged and the sporting records corrected accordingly.
To my mind this is the petition that should be pursued. The SFA’s continued failure to apply the auspices of Article 5.1 is a clear abnegation of their responsibilities as governors of the Scottish game.
Their failure to act must be subject to a Judicial Review. Regan and Doncaster are running a crooked game to avoid doing the right thing. They are both lying through their back teeth and hiding behind the skirts of the ceremonial gowns worn by QC’s. BRT’s thesis is compelling. It’s high time we took these mendacious jobsworths to task.