@owlstalk Posted August 17, 2020 Share Posted August 17, 2020 The Club was disappointed with some of the decisions of the Disciplinary Commission and respectfully disagrees with both the finding that it was in breach of the P&S rules for the 2017/18 season and the sanction of a 12-point deduction to be applied in the 2020/21 season. It is important to highlight that the Commission did not find that the sale of the stadium was itself prohibited by the P&S rules, nor that the Club acted anything other than in the utmost good faith with respect to that transaction. The Club had been assured by the EFL that the stadium sale could be included in its 2017/18 P&S returns and relied on those assurances. Having discussed the transaction with the EFL, the EFL having approved it and the Club’s auditors having signed off on it, the Club believed, and continues to believe, it was acting properly and in accordance with the rules. It is disappointing, in those circumstances, that the Commission went on to find the Club was nevertheless in breach of Charge 1. The Club is pleased that Charge 2, which alleged that the Club had deliberately concealed certain matters from the EFL, was dismissed and that it was accepted that the Club acted openly and honestly in its dealings with the EFL. The Club further notes the Disciplinary Commission’s findings that this was a serious allegation that is not to be made lightly and an opportunity should have been afforded to the individuals involved to explain their position before the charge was brought. The Club welcomes the Disciplinary Commission’s suggestion that the EFL should have exercised its power to investigate under Regulations 82.2/3/4 as being a fairer approach rather than to bring the allegations without further investigation. Despite the EFL’s “sanctioning guidelines” (which it is not accepted apply in this case) providing for any points deduction sanction to take effect in the year following the breach (which in the Club’s case would have been the 2018/19 season when it finished 24 points clear of the relegation zone) and other mitigating factors, the Commission imposed the maximum 12-point deduction for next season. The EFL sought to have the sanction imposed in the 2019/20 season that has just concluded, which would have seen the Club relegated, in stark contrast to the position it adopted in the Derby County disciplinary proceedings where it was content for any sanction to be imposed next season because Derby would not be relegated. The Club is pleased the Commission rejected such an inconsistent approach to sanctioning by the EFL. Given the findings in respect of Charge 1 and the sanction imposed, the Club shall be appealing the Decision to an EFL League Arbitration Panel, both against the finding with respect to Charge 1 and the sanction. The Club believes its grounds of appeal to be strong. The Club will continue to take all appropriate steps to protect its interests, for the benefit of the Club and its supporters, and looks forward to the appeal being heard by the League Arbitration Panel at the earliest opportunity. While the Club does not set the timetable for the hearing of the appeal it considers it likely that it will take place in autumn 2020. The Club will make no further comment until the outcome of the appeal is known. 2 Owlstalk Shop Link to comment Share on other sites More sharing options...
Popular Post BIG D Posted August 17, 2020 Popular Post Share Posted August 17, 2020 We’ll get off this. 14 Link to comment Share on other sites More sharing options...
S36 OWL Posted August 17, 2020 Share Posted August 17, 2020 Nailed on the EFL will also appeal for a bigger punishment. 2 1 Link to comment Share on other sites More sharing options...
toooldforthis Posted August 17, 2020 Share Posted August 17, 2020 The appeal is legally sound...but the EFL We should get off with this if the facts are true but it leaves the back door open for Charlton to make a legal challenge now. I'm please we are doing this and fully back the club and DC 7 Link to comment Share on other sites More sharing options...
Chansiri is king Posted August 17, 2020 Share Posted August 17, 2020 Reading the above it does seem as though person’s on the EFL board actually do have a grievance against SWFC , one rule for us but differing rules for others !!! 7 Link to comment Share on other sites More sharing options...
Guest Therealrealist Posted August 17, 2020 Share Posted August 17, 2020 If we lose the appeal can they hammer us again with more points deduction? Wo7ld imagine there has to be some risk or what would be the point in not appealing?. Link to comment Share on other sites More sharing options...
Philb125 Posted August 17, 2020 Share Posted August 17, 2020 2 minutes ago, S36 OWL said: Nailed on the EFL will also appeal for a bigger punishment. It says 12 points was maximum punishment. So unless other charges are added you’d assume that the maximum cannot be increased. 3 Link to comment Share on other sites More sharing options...
@owlstalk Posted August 17, 2020 Author Share Posted August 17, 2020 If we successfully appeal then that opens the floodgates for all sorts of stuff in football 3 Owlstalk Shop Link to comment Share on other sites More sharing options...
pazowl55 Posted August 17, 2020 Share Posted August 17, 2020 1 minute ago, Therealrealist said: If we lose the appeal can they hammer us again with more points deduction? Wo7ld imagine there has to be some risk or what would be the point in not appealing?. Would imagine an appeal would cost money. Not sure they could extend it based on our appeal failing. 1 Link to comment Share on other sites More sharing options...
EcclesallOwl Posted August 17, 2020 Share Posted August 17, 2020 3 minutes ago, S36 OWL said: Nailed on the EFL will also appeal for a bigger punishment. They’ve already got the maximum punishment 1 Link to comment Share on other sites More sharing options...
areNOTwhatTHEYseem Posted August 17, 2020 Share Posted August 17, 2020 1 7 Link to comment Share on other sites More sharing options...
Chansiri is king Posted August 17, 2020 Share Posted August 17, 2020 1 minute ago, toooldforthis said: The appeal is legally sound...but the EFL We should get off with this if the facts are true but it leaves the back door open for Charlton to make a legal challenge now. I'm please we are doing this and fully back the club and DC It looks like Charlton have bigger-issues to get over before they start throwing money about on a legal case against us !!! A case that we could win given today’s statement therefore leaving their case high and dry 3 Link to comment Share on other sites More sharing options...
S36 OWL Posted August 17, 2020 Share Posted August 17, 2020 Just now, @owlstalk said: If we successfully appeal then that opens the floodgates for all sorts of stuff in football The fact we breached FFP isn't in question. So we can only be appealing the number of pts deducted surely.? Link to comment Share on other sites More sharing options...
pazowl55 Posted August 17, 2020 Share Posted August 17, 2020 Just now, Chansiri is king said: It looks like Charlton have bigger-issues to get over before they start throwing money about on a legal case against us !!! A case that we could win given today’s statement therefore leaving their case high and dry There case would be against the EFL not us. 2 Link to comment Share on other sites More sharing options...
Carbone Posted August 17, 2020 Share Posted August 17, 2020 Has any team ever successfully appealed a points deduction in this country? Link to comment Share on other sites More sharing options...
yeadonowl Posted August 17, 2020 Share Posted August 17, 2020 the maximum number of points to be deducted is 12 so I wouldn't have thought it can be increased without new charges being brought Best case scenario for Wednesday is to get the deduction moved to the correct season. This is acknowledged in the documents produced. We should be able to argue inconsistencies in punishments Link to comment Share on other sites More sharing options...
WalthamOwl Posted August 17, 2020 Share Posted August 17, 2020 Just can’t see us winning said appeal. As has been said if we did it would open the floodgates for other clubs. As much as I would love it I just don’t think we will. Hope to God we don’t get docked more points. 2 Link to comment Share on other sites More sharing options...
Roscoe P. Coltrane Posted August 17, 2020 Share Posted August 17, 2020 Here we go again. 1 Link to comment Share on other sites More sharing options...
S36 OWL Posted August 17, 2020 Share Posted August 17, 2020 Don't foeget we still have to submit this year's accounts. Let's pray we havnt breached again. 2 2 Link to comment Share on other sites More sharing options...
steelcityowlsfan Posted August 17, 2020 Share Posted August 17, 2020 14 minutes ago, @owlstalk said: The Club was disappointed with some of the decisions of the Disciplinary Commission and respectfully disagrees with both the finding that it was in breach of the P&S rules for the 2017/18 season and the sanction of a 12-point deduction to be applied in the 2020/21 season. It is important to highlight that the Commission did not find that the sale of the stadium was itself prohibited by the P&S rules, nor that the Club acted anything other than in the utmost good faith with respect to that transaction. The Club had been assured by the EFL that the stadium sale could be included in its 2017/18 P&S returns and relied on those assurances. Having discussed the transaction with the EFL, the EFL having approved it and the Club’s auditors having signed off on it, the Club believed, and continues to believe, it was acting properly and in accordance with the rules. It is disappointing, in those circumstances, that the Commission went on to find the Club was nevertheless in breach of Charge 1. The Club is pleased that Charge 2, which alleged that the Club had deliberately concealed certain matters from the EFL, was dismissed and that it was accepted that the Club acted openly and honestly in its dealings with the EFL. The Club further notes the Disciplinary Commission’s findings that this was a serious allegation that is not to be made lightly and an opportunity should have been afforded to the individuals involved to explain their position before the charge was brought. The Club welcomes the Disciplinary Commission’s suggestion that the EFL should have exercised its power to investigate under Regulations 82.2/3/4 as being a fairer approach rather than to bring the allegations without further investigation. Despite the EFL’s “sanctioning guidelines” (which it is not accepted apply in this case) providing for any points deduction sanction to take effect in the year following the breach (which in the Club’s case would have been the 2018/19 season when it finished 24 points clear of the relegation zone) and other mitigating factors, the Commission imposed the maximum 12-point deduction for next season. The EFL sought to have the sanction imposed in the 2019/20 season that has just concluded, which would have seen the Club relegated, in stark contrast to the position it adopted in the Derby County disciplinary proceedings where it was content for any sanction to be imposed next season because Derby would not be relegated. The Club is pleased the Commission rejected such an inconsistent approach to sanctioning by the EFL. Given the findings in respect of Charge 1 and the sanction imposed, the Club shall be appealing the Decision to an EFL League Arbitration Panel, both against the finding with respect to Charge 1 and the sanction. The Club believes its grounds of appeal to be strong. The Club will continue to take all appropriate steps to protect its interests, for the benefit of the Club and its supporters, and looks forward to the appeal being heard by the League Arbitration Panel at the earliest opportunity. While the Club does not set the timetable for the hearing of the appeal it considers it likely that it will take place in autumn 2020. The Club will make no further comment until the outcome of the appeal is known. Sent you a DM Neil Link to comment Share on other sites More sharing options...
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