Resolution 12 – A Year in the Long Grass

TOMORROW is exactly ONE YEAR since the SFA announced the outcome of their Preliminary Tribunal Hearing into the granting of the licence to Rangers in 2011. They reported on their outcome on 19 July 2018 and one year on we are still waiting on the SFA following due process and protecting the game in Scotland by observing the rules.

Here’s what was announced one year ago tomorrow and you have to ask yourself why after 365 days NOTHING seems to have progressed regarding taking the matter to the Court of Arbitration for Sport as the owners of the new Rangers club have asked them to do…

“Resolution 12 heading for Court of Arbitration for Sport as SFA kick it into the long grass” was the headline on The Celtic Star on 19 July 2018. Depressingly one year on nothing has progressed. The SFA did say at their recent AGM that a decision on whether they could be bothered pursuing his or not was pending. Then more silence. Celtic Chief Executive Peter Lawwell tried to get away with one at the last Celtic AGM, telling the gathered shareholders that the Res 12 guys were ppt with the way the club was dealing with the matter, only for Auldheid to pipe up to say that he certainly wasn’t happy.

Having met Auldheid for a catch up a month or so ago I can tell you that the matter is very much not at an end and that there is the very real possibility that this will return to centre stage in the second half of 2019. Here’s what we reported last year at this time – with our headline (see above) being depressingly accurate…there’s much more to come though and perhaps a change of tactics from those Celtic shareholders driving this, given that they now have a clearer idea as to who genuinely support their endeavours and those who have perhaps been less sincere, starting at the very top and descending to the puppet show…

THE OUTCOME is as follows: Preliminary Tribunal Hearing Outcome: The Judicial Panel convened a preliminary hearing relating to the above case on June 26 2018.

This preliminary issue raised by Rangers FC challenged the jurisdiction of the Scottish FA’s Judicial Panel Disciplinary Tribunal to hear the case, and contended that the Notice of Complaint must be determined by the Court of Arbitration for Sport.

Having received submissions on 26 June the Judicial Panel Disciplinary Tribunal have issued a decision upholding the preliminary issue raised by the club. The Judicial Panel Disciplinary Tribunal proposes to continue consideration of the complaint until parties consider next steps and terms of reference for any remit to CAS.

Here is what appears on the SFA website this evening:

UPDATE: Preliminary Tribunal Hearing Outcome | Rangers FC

Thursday 19 July 2018
Alleged Party in Breach: Rangers FC

Articles of Association and Disciplinary Rule allegedly breached:
Charge One
Article 5(2) of Scottish FA Articles of Association 2010-11
5. All members shall:-
(2) be subject to and shall comply with the Articles and any statutes, regulations, directives, codes, decisions and International Match Calendar promulgated by the Board or by a Standing Committee, committee or sub-committee thereof, or by FIFA or UEFA or by the Court of Arbitration for Sport;

Article 5.1 (a)(2) of Scottish FA Articles of Association 2010-11
Each member shall procure that its officials and its players:-
Observe, submit to and comply with the Articles and the statutes, regulations, directives, codes, decisions and International Match Calendar promulgated by (a) the Board or by any Standing Committee, committee sub-committee thereof, or (b) by FIFA or (c) by UEFA or (d) by the Court of Arbitration for Sport;

Charge Two
Disciplinary Rule 1 (Scottish FA Judicial Panel Protocol 2011-12)
Disciplinary Rule 2 (Scottish FA Judicial Panel Protocol 2011-12)

Rule 1
All members shall:-
(a) observe the principles of loyalty, integrity and sportsmanship in accordance with the rules of fair play;
(b) be subject to and comply with the articles and any statutes, regulations, directives, codes, decisions and International Match Calendar promulgated by the Board, the Professional Game Board, the Non-Professional Game Board, the Judicial Panel Protocol, a committee or sub-committee, FIFA, UEFA or the Court of Arbitration for Sport;
(f) behave towards the Scottish FA and other members with the utmost good faith.

Rule 2
Each member shall procure that its officials, its team officials and its players act in accordance with Rule 1.

Preliminary Tribunal Hearing Outcome: The Judicial Panel convened a preliminary hearing relating to the above case on June 26 2018.

This preliminary issue raised by Rangers FC challenged the jurisdiction of the Scottish FA’s Judicial Panel Disciplinary Tribunal to hear the case, and contended that the Notice of Complaint must be determined by the Court of Arbitration for Sport.

Having received submissions on 26 June the Judicial Panel Disciplinary Tribunal have issued a decision upholding the preliminary issue raised by the club. The Judicial Panel Disciplinary Tribunal proposes to continue consideration of the complaint until parties consider next steps and terms of reference for any remit to CAS.

About Author

The Celtic Star founder and editor, who has edited numerous Celtic books over the past decade or so including several from Lisbon Lions, Willie Wallace, Tommy Gemmell and Jim Craig. Earliest Celtic memories include a win over East Fife at Celtic Park and the 4-1 League Cup loss to Partick Thistle as a 6 year old. Best game? Easy 4-2, 1979 when Ten Men Won the League. Email editor@thecelticstar.co.uk

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