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I was contacted by an
independent Luton supporter, with a
background in law, in August regarding the FA's points deduction.
His name is Mark Carlisle and, like the rest of us, was angry with the 10
points deduction, which the FA handed out to Luton Town FC.
As a result, he, again
like many of us, entered into a lengthy correspondence with the FA (which
he shared with me) over the summer to seek answers and explanations for
the vindictive punishment meted out to LTFC.
Mark wasn't happy with
the FA's responses to his questions, so contacted the Independent Football
Ombudsman (IFO) - a body recently set up to act like a 'watchdog' for
football.
The IFO have now completed
their adjudication and this is linked here.
You will notice, in the
adjudication report, that one of Mark's perfectly reasonable complaints was
that Luton were singled out and punished
severely when some transfers, which the Stevens Inquiry was concerned
with, were/are seemingly ignored by the FA. This, coupled with the
fact that Newcastle Utd's and Birmingham
City's transfer
activities were criticised by VAT tribunals (probably a more serious concern
than paying agents through a non-club bank account, I would have
thought) but also seemingly ignored by the authorities, exposes huge
inconsistencies in the way the FA enforce their own transfer regulations.
You will further notice that in the IFO's 'findings', there is no mention
of Stevens/Newcastle/Birmingham - despite it being referred to in the
summary of Mark's complaint earlier on in the report. This is very
surprising. For your information, the IFO investigators and authors of
the adjudication report were Professor Derek Fraser - a Newcastle fan - and Mr Alan Watson - a Birmingham fan!!
More details on the Birmingham and Newcastle
cases can be found below:
http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/Ch/2007/612.html (Newcastle)
Important
passages -
paragraph
16 "Newcastle
had falsely declared......."
paragraph
19 "Again, the documents and behaviour of the club and the agent present a
very misleading picture"
paragraph
20 "...the various declarations submitted to the FA were completed
inaccurately in so far as they purported to show that the agent acted
solely for the club"
http://www.bailii.org/cgi-bin/markup.cgi?doc=/uk/cases/UKVAT/2007/V20151.html (Birmingham)
Important
passages -
paragraph
40 "The further document completed by BCFC claimed, falsely as Ms.Brady
accepted...."
paragraph
41 "While it is understandable, even if reprehensible, that BCFC should represent
falsely to the FA that it had a written agreement...."
paragraph
46 "As in other cases, it is also falsely claimed that there was an
antecedent written agreement between BCFC and the agent"
paragraph
48 "BCFC falsely claimed that there was a written agreement between
it and the agent"
paragraph
61 "...the claim in the documentation sent to the FA was no more than window-dressing"
paragraph
62 "...we are satisfied that the FIFA and FA rules were observed
somewhat casually, and in some respects hardly at all, and we should add
that we are satisfied (partly from the evidence we heard and partly from the
Quest report) that BCFC was by no means the only club whose respect for the
rules was less than strict"
paragraph
63 "It can safely be said that it is not possible to take the
documentary evidence produced by BCFC at face value. As we have already
mentioned, BCFC was prepared to assert to the FA that it had a written
agreement with an agent when that was plainly not the case" and, further
on "We have also commented on the superficial - indeed ineffectual -
supervision of transfer negotiations practised by the FA at the time"
paragraph
65 "It is not surprising that many (though not all) clubs and agents
were somewhat casual in their approach to the rules, when the chances of being
penalised for non compliance were negligible, if not non existent"
paragraph
70 "We are satisfied that the statements in the documents produced to
the FA that the agents who had representation agreements with the players
instead represented BCFC are untrue"
Just to clarify, Mark is not
involved with the Trust or any other fans organisation but, like many
of us, took it upon himself to pressure the FA into answers. I
and my Trust colleagues are grateful for the excellent work Mark has done on
behalf of all Luton fans on this. I also
congratulate everyone who took the time to write to the FA, during the summer,
to express their anger and dismay at the FA's outrageous decision.
LLSC, LTSC and I are meeting
the FA on the 28th October and will report back.
The adjudication is linked here.
Up the Hatters
Liam
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