Post by QPR Report on Jan 9, 2009 7:07:24 GMT
(Although I'm not completely sure I understand. But bottom line, West Ham in trouble!)
Guardian/Owen Gibson -
West Ham fear worst as fresh investigation into Tevez affair is launched• Inquiry to focus on West Ham CEO Scott Duxbury
• New investigation follows Lord Griffiths' ruling
West Ham United, already contemplating a compensation bill of up to £50m and mired in financial difficulty, now face the crippling prospect of a further fine or a points deduction after the Football Association and the Premier League today announced a fresh investigation into the protracted Carlos Tevez affair.
The surprise move to launch a new joint inquiry, which will focus on the conduct of West Ham chief executive Scott Duxbury in the wake of the Premier League's original ruling on the matter, is an attempt by the governing bodies finally to draw a line under a damaging and messy dispute.
It will also be seen in the context of growing pressure from government on footballing authorities to transparently and effectively police the game.
West Ham were originally fined £5.5m after admitting breaking Premier League rules relating to third-party ownership of players, but the independent panel convened by the Premier League in April 2007 did not impose a points deduction.
After West Ham promised the League that his contract had been torn up, Tevez went on to play a key role in keeping West Ham in the Premier League and condemning a furious Sheffield United to the drop.
The FA and Premier League have come to the view that the conclusions of an arbitration panel led by Lord Griffiths, delivered in September, have left them with no option but to return to the matter. Their lawyers have written to those involved asking them for written statements and arranging face to face interviews.
Following a series of failed attempts by Sheffield United to have the original verdict overturned, the pendulum swung their way when Lord Griffiths ruled that Duxbury had provided Kia Joorabchian, the leader of the consortium that "owned" Tevez and his Argentinian international colleague Javier Mascherano, and his lawyer Graham Shear with a series of "oral cuddles". Shear claimed that on two separate occasions, West Ham had agreed privately to honour the agreement they had publicly promised the Premier League they would tear up.
The lawyers have written to Shear, Duxbury, the former West Ham chairman Eggert Magnusson and Kevin McCabe, the Sheffield United chairman who recently renewed his attack on the "poor governance" of the league over the issue.
It is understood that Joorabchian, who later sued West Ham but settled out of court, has also been contacted and welcomes the new inquiry as an opportunity to put his case.
"If the Premier League had known what Mr Duxbury for West Ham was saying to Mr Joorabchian's solicitor following the commission decision, we are confident that the Premier League would have suspended Mr Tevez's registration as a West Ham player," said Lord Griffiths' report. "We have no doubt that those [Tevez's] services were worth at least three points to West Ham over the season and were what made the difference between West Ham remaining in the Premier League and being relegated at the end of the season."
West Ham have continued to back Duxbury. Insiders said today that they remained confident that he had behaved properly. As no recordings of the meetings between Duxbury, Joorabchian and Shear appear to exist, it will be hard to prove who said what to whom and when.
"We have acted in good faith throughout the various inquiries and investigations into this matter and fulfilled the undertakings given to the Premier League following the initial penalty," said the club in a statement. "We have nothing to hide and will ensure that this is once again reflected in our evidence to the FA and Premier League."
In November, Sheffield United won a high court injunction over West Ham preventing the London club from taking its appeal to the Court of Arbitration for Sport in Lausanne. The injunction lapses in March, when West Ham could try again.
Meanwhile, having performed due diligence on Sheffield United's books, Lord Griffiths' tribunal is also scheduled to rule in March on the level of compensation due to Sheffield United. The Yorkshire club is claiming up to £50m in lost TV and sponsorship revenues, reduced transfer fees and lost gate receipts.
www.guardian.co.uk/football/2009/jan/08/west-ham-carlos-tevez-affair-scott-duxbury
Guardian/Owen Gibson -
West Ham fear worst as fresh investigation into Tevez affair is launched• Inquiry to focus on West Ham CEO Scott Duxbury
• New investigation follows Lord Griffiths' ruling
West Ham United, already contemplating a compensation bill of up to £50m and mired in financial difficulty, now face the crippling prospect of a further fine or a points deduction after the Football Association and the Premier League today announced a fresh investigation into the protracted Carlos Tevez affair.
The surprise move to launch a new joint inquiry, which will focus on the conduct of West Ham chief executive Scott Duxbury in the wake of the Premier League's original ruling on the matter, is an attempt by the governing bodies finally to draw a line under a damaging and messy dispute.
It will also be seen in the context of growing pressure from government on footballing authorities to transparently and effectively police the game.
West Ham were originally fined £5.5m after admitting breaking Premier League rules relating to third-party ownership of players, but the independent panel convened by the Premier League in April 2007 did not impose a points deduction.
After West Ham promised the League that his contract had been torn up, Tevez went on to play a key role in keeping West Ham in the Premier League and condemning a furious Sheffield United to the drop.
The FA and Premier League have come to the view that the conclusions of an arbitration panel led by Lord Griffiths, delivered in September, have left them with no option but to return to the matter. Their lawyers have written to those involved asking them for written statements and arranging face to face interviews.
Following a series of failed attempts by Sheffield United to have the original verdict overturned, the pendulum swung their way when Lord Griffiths ruled that Duxbury had provided Kia Joorabchian, the leader of the consortium that "owned" Tevez and his Argentinian international colleague Javier Mascherano, and his lawyer Graham Shear with a series of "oral cuddles". Shear claimed that on two separate occasions, West Ham had agreed privately to honour the agreement they had publicly promised the Premier League they would tear up.
The lawyers have written to Shear, Duxbury, the former West Ham chairman Eggert Magnusson and Kevin McCabe, the Sheffield United chairman who recently renewed his attack on the "poor governance" of the league over the issue.
It is understood that Joorabchian, who later sued West Ham but settled out of court, has also been contacted and welcomes the new inquiry as an opportunity to put his case.
"If the Premier League had known what Mr Duxbury for West Ham was saying to Mr Joorabchian's solicitor following the commission decision, we are confident that the Premier League would have suspended Mr Tevez's registration as a West Ham player," said Lord Griffiths' report. "We have no doubt that those [Tevez's] services were worth at least three points to West Ham over the season and were what made the difference between West Ham remaining in the Premier League and being relegated at the end of the season."
West Ham have continued to back Duxbury. Insiders said today that they remained confident that he had behaved properly. As no recordings of the meetings between Duxbury, Joorabchian and Shear appear to exist, it will be hard to prove who said what to whom and when.
"We have acted in good faith throughout the various inquiries and investigations into this matter and fulfilled the undertakings given to the Premier League following the initial penalty," said the club in a statement. "We have nothing to hide and will ensure that this is once again reflected in our evidence to the FA and Premier League."
In November, Sheffield United won a high court injunction over West Ham preventing the London club from taking its appeal to the Court of Arbitration for Sport in Lausanne. The injunction lapses in March, when West Ham could try again.
Meanwhile, having performed due diligence on Sheffield United's books, Lord Griffiths' tribunal is also scheduled to rule in March on the level of compensation due to Sheffield United. The Yorkshire club is claiming up to £50m in lost TV and sponsorship revenues, reduced transfer fees and lost gate receipts.
www.guardian.co.uk/football/2009/jan/08/west-ham-carlos-tevez-affair-scott-duxbury