The Utmost Good Faith

I have been at pains to point out that the LNS Commission was a stitch-up. In The Missing Article (jj passim) I expounded on the incontrovertible facts. Bill Nimmo Smith went out of his way to assert that there was no question of dishonesty. Bear in mind that the SFA Chief Executive – the odious Stewart Regan with his American history degree – shoehorned himself on to the commission and would have been fully aware of the consequences if the directors of Rangers had been found to have acted dishonestly:

Title Stripping would have been back on the agenda.

How the mendacious registration of 55 players and 25 ancillary staff/directors could be anything other than dishonest truly beggars belief.

Rod McKenzie in his confidential emails, exclusively revealed on this site, presented Rangers case that their directors did not believe that EBT had to be disclosed. However there is no grey area in the SPL rules:

D1.10 A Club participating in an Official Match must ensure that those of its Players Playing in the match are eligible to Play in such match.

D1.11 Any Club Playing an ineligible Player in an Official Match and the Player concerned shall be in breach of the Rules.

D1.13 A Club must, as a condition of Registration and for a Player to be eligible to Play in Official Matches, deliver the executed originals of all Contracts of Service and amendments and/or extensions to Contracts of Service and all other agreements providing for payment, other than for reimbursement of expenses actually incurred, between that Club and Player, to the Secretary, within fourteen days of such Contract of Service or other agreement being entered into, amended and/or, as the case may be, extended.

As one can see this is a binary issue. Fifty-five players transgressed D1.13. This rang alarm bells at the SFA as they knew that D1.11 and D1.10 had also been trangressed. Let me spell this out:

The players of Rangers who won 17 trophies from 1999-2011 were not eligible to participate in Scottish Professional football.

This resulted in the worst lie ever uttered by an SFA executive since Jim Farry subverted Jorge Cadete’s registration.  Sandy Bryson deemed that the players were ‘imperfectly registered but eligible.‘ How on God’s green earth can they be eligible when they were up to their knees in side contracts and EBTs? Let’s take a look at the following article:

Article 12.3… all payments, whether made by the club or otherwise, which are to be made to a player solely relating to his playing activities must be fully recorded within the relevant written agreement with the player prior to submission to the Scottish FA and/or the recognised football body of which his Club is in membership.

This article was used to defend the cheating. Rangers asserted that they paid the money to a trust and what private arrangement the trust entered into with the player was not their concern. However this was found to be disguised remuneration by the Appellate Inner House of The Court of Session and The Supreme Court. So there’s no defence.

However Gerry Moynihan has asserted that the SPFL cannot enforce SPL rules despite the fact that they have the same company number and are merely a rebrand of the SPL, admittedly with a bigger remit. However had they appealed the inordinately lenient fine, the SFA’s article 5.1 would have been relevant. Was it deliberately remiss of Rod McKenzie not to draft a corollary bill for the SPL? Was this another component of the stitch-up?

We are now led to believe that the new SPFL board have addressed this shortfall and that the equivalent of D 1.10 to D 1.13 is now on their statute books. Talk about bolting the stable door after the horse has bolted and is engaging in sexual congress with a brood mare.

Was Andrew Dickson, who is snaking his way up the greasy pole at the SFA, oblivious to article 5.1? There can be little doubt that he would have been aware that he was acting dishonestly and not with the utmost good faith. As Hugh Adam stated in 2002 they knew that they were cheating.

One should also consider the quaint provision which deals with the faith of the register. Clubs can apparently proceed on good faith, specifically the utmost good faith, when disclosing material information apropos player registrations. Surely it follows that failure to disclose side contracts undermines the fidelity of the register, and the faith in it upon which members clubs “should be able to proceed”.

The following quote is from an article by Tony McKelvie:

Curiously, this breach of duty by Rangers FC was not raised by the SPL at the Commission. One can only guess at why. It is though clear that had the commission held that Rangers FC had breached their duty to act in utmost good faith, given the significant and sustained breaches, and the range of sanctions under the SPL rules, a likely outcome would have been “reduction of the contract”: Rangers FC being expelled from the SPL. Perhaps this prospect was simply too much for the SPL to contemplate when preparing its case to the commission.”

He continues:

Given that this fundamental issue was not considered by the SPL Commission, it remains open to the SPL (now SPFL), to review the matter, and its corollary impacts on the legitimacy of its competition during the (many) years in question.”

In summary the stitch-up was more ingenious than we have given them credit for:

1. Change the scope.

2. Do not consider the breach of duty.

3. Spike an appeal as it might invoke SFA Article 5.1

4. Allow Campbell Ogilvie and Sandy Bryson to lead false evidence.

The question remains as to whether Regan and Doncaster can get away with this?Will natural justice prevail? As my exclusive insights from Charles Green point out there was nothing in the final Five Way Agreement that precludes title stripping.

It’s unfortunate for Moynihan and McKenzie that this site has published the latter’s confidential e-mails, and driven a coach through Moynihan’s mendacious statement that the SPFL are in any way bound by the Five Way Agreement. Moynihan’s was counting on us not having access to the drafts. However he was caught out in a blatant lie.

As for buying the history, I quite fancy seven or so Tour De France titles and the official unexpurgated history of The Battle of Stalingrad. Will Mr Moynihan act on my behalf, or was he lying through his back teeth?

Same old solicitors, always cheating.

 

 

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25 thoughts on “The Utmost Good Faith”

  1. I couldn’t continue reading as I felt fucking sick, and I did not get very far.
    The ‘gap’ between the clubs of CFC and Sevco is wide; far wider is the gap between ‘followers’ of those clubs. I am open; I love Celtic FC (not PLC).
    I absolutely fucking hate just about all things “rangers”.
    That dead club has decent fans; I’ve met, worked beside etc. all sorts of decent Rangers fans.
    FFS, admit the Truth, shout it from the rafters and you’ll rid yourselves of those obnoxious cunts typified by “Vanguard”.
    You want US to move on! Tell the fucking truth and we can ALL move on.
    TicToc

  2. I’ve just sent a wee top-up which may get you a wee brandy or so.
    I’ll continue with what I (regularly) contribute now. My view is that, amongst quite a few other sites, I want to hear the Truth; that’s all. When/if asked, I’d like to support every site which had, Truth at its core, the pursuit of Truth and decency. Anyway, I feel that you do that and I feel that you’re a decent man. Not everyone I communicate with feels that way; I can only pass on my own view. That view is very good at the moment.
    Keep it up, you’ve been a breath of fresh air.
    I’ve now downed enough ‘pop’ to have sunk the Invincible. I built the fucking thing, the big aircraft carrier and have supported another Invincible(s), Celtic FC all my life.
    So, it’s good-night from him…………

      1. Dorrans 28k , alves 33k pena 33k……..
        Celtic highest wage 28k……….
        But structured by win bonus. That strictly in house not to be discussed….

  3. JJ, re the paywall subscription. How about £10/month for a recurring subscription, £15/month for an ad hoc use and maybe £1 or £2 for a single article?

  4. 1. The fact they considered relegation in the first instance from SPL to First and Dundee to move up one division shows McKenzie would undestand the meaning of relegation a fact which he did not in the Finloch case. ( even though a defunct club cannot be relegated, relegation still has a simple meaning in sport)
    Therefore he is a paid liar as “relegation” is the word used in your snippets.
    2. And all of them know and undestand that as Rangers had instructions written into their trusts about how they pay employees and when they pay them back (offshore account,loans,pay back on estate at death etc etc) instructions and agreements on both sides form a contract, thus a dual contracts are in place undeclared.
    3. Dual contracts renders ineligibility due to undeclosure. Article 12.3 is void as the statement made by mcLeish and Murray admitt that the payments are for playing and are renumeration.

  5. Sevco have now turned on the media, filming the questions put to pedro. Any questions the Sevco media department deem unsatisfactory will be put on line for the klan to decide the jouro fate.

  6. JJ now that oth the SFA and Police Scotland say they are going to “investigate” Neil Lennon, could you please give myself, and any other readers interested, email addresses for both the Chief Constable of Glasgow and any “high heid yin” at the SFA so we can ask them to explain why racist and sectarian abuse is tolerated every time a game is staged at Ibrox

    1. You can contact Regan on Twitter @StewartMRegan.
      I would have to pull in a favour to get the Chief Constable’s e-mail details.

      If you want to get his attention copy your tweet to someone like Alex Thompson.

    1. Thanks JJ,there is nae Chief now.Its the head of Polis Scotland who is suspended at the moment for bullying. HONESTLY, you couldn’t make this stuff up…

  7. 5166-2744-2043-xxxx.
    It’s all i can afford after buying food and the nazi dwp seem intent on killing me. The SMSM should hang their collective heads in shame. You jj are my first look on the internet and i respect your bravery.
    Gaia.

    spike

  8. It’s maybe best that you sever all ties with this particular source JJ. I personally am not a fan of people who speak out of school when it concerns my club. He or she has already let you down this week. Tell him or her to stick it where the sun don’t shine.

  9. The person who thought up the aren’t contraction must have known there would be a TRFC one day and they would need his/her one word invention……. WATP……..

  10. In order to move on we have to address and deal with the cheating decade by following the rules and proceeding with title stripping and reallocation. Your evidence of collusion and fiduciary corruption is compelling. The level of intransigence to ignore the guilty is breathtaking but it is because they believe they can simply brazen it out. There has to be a circuit breaker by some external force. I can only see 3 options. UEFA. The judiciary or Celtic FC Are there any other possibilities?

    1. Very few of the disadvantaged supporters are calling for reallocation. However I agree that the 17 bent titles should be retrospectively distributed to those clubs who paid their social taxes and did not cheat.

      1. Reallocation after cheating takes place in athletics, cycling, rugby league and a plethora of other sports. It is the only possible consequence of registering 0-3 results for every game. Obviously this is straightforward with league titles. As for Cup results the only option is to award it to the other finalist. Now that all the evidence needed for title stripping has been discovered the only problem is the refusal of the SPFL and SFA to follow their own rules. This is flagrant malfeasance and dereliction of duty. I foresee a Court battle coming.

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