James
07/01/2002, 9:18 PM
The full text of Liam Reidy SC's Arbitration Award to restore the nine points deducted from St Patricks's Athletic over the "Marney Affair" is reproduced in full below.
The objects for which the Eircom League is established include the promotion, fostering and developing in all its branches the game of Association Football and also include a direction to do all such things as are necessary for and conductive to the attainment of these objects.
1. Paul Marney was a product of the St Patrick's Athletic Youth Programme. He played and was registered for the season 2000-01 and he was under Contract to play in the season 2001-02. This contract is dated the 7th August 2001. He was at all times eligible, in the ordinary sense of that word, to play for St Patrick's Athletic and there could be no objection to his participating in the Eircom League matches that arise here, if he had been properly registered.
2. It is accepted that St Patrick's Athletic sent under ordinary post the registration form for Paul Marney to Merrion Square on the 3rd August 2001. The registration form appropriately witnessed was dated the 26th July 2001. This form was lost in the post.
3. Subsequently Paul Marney participated in three Eircom League Premier Division matches on the 10th, 17th and 24th August 2001 against Galway United, Shelbourne F.C. and Derry City F.C. The results of those matches were respectively 3-0, 1-1 and 1-0 being two wins and a draw for St patrick's Athletic.
4. It is accepted that the fact that Paul Marney was not registered was first noticed by the Administration Staff in Merrion Square and brought to the attention of St Patrick's Athletic shortly after their win against Derry City F.C.
5. I have before me a receipt from Inchicore Post Office for unregistered mail dated 3rd August 2001 which I am told and accept was in respect of a postage package containing the registration form of Paul Marney. This dispute therefore has at its root the failure of St Patrick's Athletic to register this mail in accordance with Rule 16.
6. On the 6th September 2001 the Eircom League Officers adjudictad on the breach of Rule 16(a) and in their wisdom imposed a fine of £1000 and warned St Patrick's Athletic about its future administration.
7 This decision was appealed by Shelbourne F.C. and Derry City F.C. to the FAI Appeal Board.
8. The Appeal Board wrongly, in my opinion, refused to allow the Appeal of Derry City F.C. on a technicality. In the event the Appeal Board came to the following decision - "The FAI Appeal Board uphold the appeal by Shelbourne F.C. against the decision of the Officers of the Eircom League in respect of the playing of a non-registered player contrary to Rule 16A(ii). It is the decision of the Appeal Board that rule 16AVI be applied. This decision had the effect of penalising St Patrick's Athletic F.C. nine points, the nine points thereafter being deducted from their total.
9. I am told and accept that as a matter of course there are daily breaches of Rule 16 condoned and these include registration forms being accepted without a postmark, forms being sent in envelopes contrary to Rule 33 of the FAI rule book, multiple forms being sent in single envelopes and fees not being sent together with the form. It follows that if all the provisions of Rule 16 and Rule 33 were to be interpreted strictly that there are many ineligible players (within the meaning ascribed to it in Rule 16), participating in the League.
10. The rules of the Eircom league are not a penal code. They must be interpreted in the context of a sporting organisation with the aims and objects to which that organisation aspires. It is my view that reposed in the League itself is the entitlement and duty to do justice in any given situation.
11. There are many instances in which a penalty such as has been imposed would be warranted where there has been a deliberate attempt to breach the provisions of Rule 16. We are not dealing with such an instance here. There cannot be a more innocuous or technical breach of the provisions of Rule 16 than in this instance. The question therefore is whether the league had a discretion to impose a penalty other than in accordance with Rule 16AVI.
12. As I have stated, I believe that there are exceptional circumstances in which there is reposed in the League through its officers the entitlement and duty to impose a discretionary penalty. I believe that that was what done by the League Officers when this matter came before them in the first instance and I believe they were right.
13. I have also been referred to a previous decision in which a club inadvertently played a suspended player and yet did not have the mandatory deduction of three points imposed. Whilst the sanctity of rules in normal circumstances must be respected, for the reason that I have stated this case is an exceptional one and thus would not have any precedent value in the longer term.
14. My decision therefore is to impose a fine of 12OO euros and restore to St Patrick's Athletic the nine points that have been deducted.
15. I should like to thank the very helpful submissions made by Roy Dooney, the Commissioner of the Eircom League, by Tim O'Flaherty, President of St Patrick's Athletic F.C. and by Hugh McDaid, the Vice Chairman of Derry City F.C. Both Galway United F.C. and Shelbourne F.C. were invited to participate but declined
The objects for which the Eircom League is established include the promotion, fostering and developing in all its branches the game of Association Football and also include a direction to do all such things as are necessary for and conductive to the attainment of these objects.
1. Paul Marney was a product of the St Patrick's Athletic Youth Programme. He played and was registered for the season 2000-01 and he was under Contract to play in the season 2001-02. This contract is dated the 7th August 2001. He was at all times eligible, in the ordinary sense of that word, to play for St Patrick's Athletic and there could be no objection to his participating in the Eircom League matches that arise here, if he had been properly registered.
2. It is accepted that St Patrick's Athletic sent under ordinary post the registration form for Paul Marney to Merrion Square on the 3rd August 2001. The registration form appropriately witnessed was dated the 26th July 2001. This form was lost in the post.
3. Subsequently Paul Marney participated in three Eircom League Premier Division matches on the 10th, 17th and 24th August 2001 against Galway United, Shelbourne F.C. and Derry City F.C. The results of those matches were respectively 3-0, 1-1 and 1-0 being two wins and a draw for St patrick's Athletic.
4. It is accepted that the fact that Paul Marney was not registered was first noticed by the Administration Staff in Merrion Square and brought to the attention of St Patrick's Athletic shortly after their win against Derry City F.C.
5. I have before me a receipt from Inchicore Post Office for unregistered mail dated 3rd August 2001 which I am told and accept was in respect of a postage package containing the registration form of Paul Marney. This dispute therefore has at its root the failure of St Patrick's Athletic to register this mail in accordance with Rule 16.
6. On the 6th September 2001 the Eircom League Officers adjudictad on the breach of Rule 16(a) and in their wisdom imposed a fine of £1000 and warned St Patrick's Athletic about its future administration.
7 This decision was appealed by Shelbourne F.C. and Derry City F.C. to the FAI Appeal Board.
8. The Appeal Board wrongly, in my opinion, refused to allow the Appeal of Derry City F.C. on a technicality. In the event the Appeal Board came to the following decision - "The FAI Appeal Board uphold the appeal by Shelbourne F.C. against the decision of the Officers of the Eircom League in respect of the playing of a non-registered player contrary to Rule 16A(ii). It is the decision of the Appeal Board that rule 16AVI be applied. This decision had the effect of penalising St Patrick's Athletic F.C. nine points, the nine points thereafter being deducted from their total.
9. I am told and accept that as a matter of course there are daily breaches of Rule 16 condoned and these include registration forms being accepted without a postmark, forms being sent in envelopes contrary to Rule 33 of the FAI rule book, multiple forms being sent in single envelopes and fees not being sent together with the form. It follows that if all the provisions of Rule 16 and Rule 33 were to be interpreted strictly that there are many ineligible players (within the meaning ascribed to it in Rule 16), participating in the League.
10. The rules of the Eircom league are not a penal code. They must be interpreted in the context of a sporting organisation with the aims and objects to which that organisation aspires. It is my view that reposed in the League itself is the entitlement and duty to do justice in any given situation.
11. There are many instances in which a penalty such as has been imposed would be warranted where there has been a deliberate attempt to breach the provisions of Rule 16. We are not dealing with such an instance here. There cannot be a more innocuous or technical breach of the provisions of Rule 16 than in this instance. The question therefore is whether the league had a discretion to impose a penalty other than in accordance with Rule 16AVI.
12. As I have stated, I believe that there are exceptional circumstances in which there is reposed in the League through its officers the entitlement and duty to impose a discretionary penalty. I believe that that was what done by the League Officers when this matter came before them in the first instance and I believe they were right.
13. I have also been referred to a previous decision in which a club inadvertently played a suspended player and yet did not have the mandatory deduction of three points imposed. Whilst the sanctity of rules in normal circumstances must be respected, for the reason that I have stated this case is an exceptional one and thus would not have any precedent value in the longer term.
14. My decision therefore is to impose a fine of 12OO euros and restore to St Patrick's Athletic the nine points that have been deducted.
15. I should like to thank the very helpful submissions made by Roy Dooney, the Commissioner of the Eircom League, by Tim O'Flaherty, President of St Patrick's Athletic F.C. and by Hugh McDaid, the Vice Chairman of Derry City F.C. Both Galway United F.C. and Shelbourne F.C. were invited to participate but declined