1211.This section provides a mechanism by which the Panel may, if necessary, apply to the court in order to enforce Panel rule-based requirements as well as requests for documents and information under section 947. The Panel may apply to the court either where there is reasonable likelihood that a person will contravene a requirement imposed by or under the rules or where a person has failed to comply with such a requirement or with a requirement imposed under section 947.
1212.It is expected that in accordance with usual practice, the court will not, in exercising its jurisdiction under this section, rehear substantively the matter or examine the issues giving rise to the ruling or, as the case may be, the request for documents or information except on “judicial review principles”, where there has been an error of law or procedure.
1213.The court is given a broad discretion as to the order it may make to secure compliance with the requirement; but aside from the power granted to the Panel by this section, there is no right to seek an injunction (or interdict) to prevent a person contravening, or continuing to contravene, a rule-based requirement or disclosure requirement.
The Takeover Panel were compelled to return to the Court Of Session yesterday to deal with a career criminal. An individual who has spent more days in court than he has at the club he professes to love, in both its guises.
I have proven in my archive that David Cunningham King will stop at nothing to avoid prosecution. When he and his partner in crime Greg Morris faced racketeering charges, King enlisted an underworld figure to intimidate witnesses. The Crown’s case collapsed.
He also solicited the same underworld figure to facilitate a bribe to the assistant commissioner of SARS and had the audacity to present the ensuing inordinately lenient settlement in a court for ratification. King was found out.
King hired the highest ranking Freemason in Scottish Legal Circles viz the estimable Baron of Glen Clova, to appeal to Lord Bannatyne’s sense of brotherhood. Bannatyne would not be compromised.
King is cut from the same cloth as David Murray. The latter sent a MIM executive to the U.S. with a suitcase containing $1,000,000 to seal the deal which acquired Lawrence Marlborough’s equity in Rangers. This bribe was in addition to the £6m formal purchase price that he borrowed from the bastion of Freemasonry that was The Bank Of Scotland, which is now just a trading style for Lloyds Bank.
The difference is that David Murray spent some time at Fettes prior to his walk of shame through the gates when his fees could not be paid. His father was sent down and served two years for some tax evasion horseplay. The apple does not fall far from the tree in the Murray household. Murray’s mother, a Roman Catholic, has never fully recovered from the shame.
Murray is connected to the Edinburgh bankers who run Scotland. King as is the case in the City, is a pariah in Scottish banking circles.
Murray may or may not have been inculcated in the ways of tax evasion by his father but he certainly learned fast leading HMRC a merry dance from 1999-2011. The received wisdom is that the illegal EBTs stopped in 2009/2010. Craig Whyte however confirmed that he put an end to remitting cash to a trust for disbursement to sub-trusts.
King engaged in a war of attrition with SARS, the timeline of which matches the time he was on the board at Rangers when EBT’s were in their pomp.
Murray has been smart enough to avoid convictions. King has 41 convictions excluding the suspended sentences he has received for contempt of court.
At this point it’s important to dispel a common misinterpretation. When a court makes an order one has 21 days to comply. Was King advised to run with 30 days by the conveyancing consigliere that is James Blair?
On the topic of James Blair one of my deep moles at Ibrox has informed me that Blair and Andersen Strathern have been buying up any properties that they can get their hands on in the environs of Ibrox and wrapping each in a tax efficient CIC. Edmiston House is just one of their current portfolio of twelve. Is King planning a nice little earner by flogging old Govan machine sheds to GCC when the gentrification of Govan eventually rolls out, or is there more to be made from a Govan Village of condos built by property developers?
David Murray with Gogarburn Village. David King with Govan Village. Didn’t the bribe merchants do well?
When I revert to section 955 which I have reproduced at the beginning of this piece, one should note that yesterday’s hearing was unstarred i.e. counsel were not required to attend. However given King’s clear breach of a Court Order Lady Wolffe could, worst case, issue a warrant for his arrest. Best case there will be a sentencing hearing coming down the pike. It would be interesting to note whether King turns up at Hampden on Sunday.Would it not be apposite if King was forced to listen to the game from a holding pen in one of Police Scotland’s excellent facilities? He could then join in with some fellow recidivists in a lusty rendition of The Rangers National Anthem, The Billy Boys.
With King and Murray every criminal cloud has a silver lining.
On a final note please consider this site for your vote in the Best International Blog Category:
Website: https://www.footballb loggingawards.co.uk/about/vote -now-football-blogging-awards/
One of my competitors for this award is, we are led to believe, a fully-fledged NUJ card-carrying professional journalist. However he seems to have missed out on this important story. It’s surprising that a self-styled investigative journalist with a 30% accuracy rate is so lauded in social media. I look forward to my salient details and my Blair exclusive being passed off as his own. It’s what he does best. Just ask Andy Muirhead of Scotzine. My Ibrox mole informs me that the last time Mr. McGivery was discussed at board level was prior to the King contempt trial. His follow-up pieces alleging Board upheaval at his blogs is an exercise in fantasy. Traynor reads his blogs but never kicks them upstairs.
Cue howls of protest from his 33,000 Twitter cheerleaders. If there was a creative writing category he would have my vote.