Derry & Rovers to be deducted points

**charliesboots** · 15/08/2006, 4:09 PM

I agree Pete that there is a sensible answer to this in the future but let's be honest, sensible answers and the FAI/League don't generally go hand in hand.

If Derrry do go to court to challenge a decision it would not be sufficient for the FAI to show through their mail server that the e-mail was sent, they would have to show that the e-mail was received.

Most fax machines print out a sheet after a fax is sent which indicates with an 'ok' or a 'failed' whether the communication was successful. If the FAI/League have this I think it would be accepted that the fax was sent and received.

Anybody know if the rule book specifies by what method notice of a suspension can be communicated?

garyderry · 15/08/2006, 4:15 PM

Originally Posted by pete

Records on the FAI Mail Server would prove that the email was sent. There is no reason for them to make this information up as could do the same thing with a fax. How could they FAI prove that Derry had received a fax anyway.

A simple policy of sending a weekly fax/email on a specific day would solve all this. The clubs can check their faxes/emails say every wednesday & notify the FAI if not received.

On the FAX very very simple, phone records and Fax receipt match, then we havent a leg to stand on. Fax was received and printed before a receipt is sent back.

with Email it would be impossible to prove on either side, and also as far as i hear the local press are claiming they never recieved the normal press releases either in relation to the suspension, they would ALWAYS request info from the club on who would replace a suspended player, and print this up.

Something very fishy here on the FAI side.

**charliesboots** · 15/08/2006, 4:50 PM

Originally Posted by garyderry

Something very fishy here on the FAI side.

nothing unusual there so

**Mr A** · 15/08/2006, 4:57 PM

Two things that I wonder about here- the first being that it may be decided that in such cases ignorance is no defence. Otherwise what would be to stop clubs switching off their fax machine and breaking their email server whenever they know a suspension is coming before a vital game? Obviously Derry had nothing to gain in any of this and I don't doubt they acted in good faith, but if the FAI can prove the communications were sent but problems at Derry's end prevented their receipt then they may end up being punished anyway.

On the other hand there hasn't been a suspension list from the league in quite a while so there's definately something weird going on. I suspect that somebody somewhere is on holidays and whoever's filling in isn't too sure of what they're doing.

Actually the FAI haven't made any comment on anything much since the Dublin City thing. Maybe they've just taken the summer off and put a few transistion year students in to run the show.

**Sheridan** · 15/08/2006, 5:08 PM

Not an adherent of the Let's-blame-Ollie-because-everyone-hates-Shels-and-it-will-give-me-credibility school of posting, but I wonder whether the league was willing to keep this quiet until the thought of Ollie's minions discovering it for themselves and demanding the appropriate sanction forced a change of heart.

That said, I wouldn't entirely rule out an administrative f*ck-up on Derry's part. I remember when we played them at Tolka in April 2004, I got a peek at the official team-sheet which listed a "Ciar�n O'Grady" among the substitutes. I mean, how can you misidentify a member of your own playing staff? Conor O'Grady (not listed on the teamsheet and therefore ineligible, just as Ciar�n O'Grady was unregistered) was called from the bench in the second half. Less scrupulous parties might have appealed Derry's 2-0 win...

**OneRedArmy** · 15/08/2006, 5:28 PM

Originally Posted by Sheridan

That said, I wouldn't entirely rule out an administrative f*ck-up on Derry's part. I remember when we played them at Tolka in April 2004, I got a peek at the official team-sheet which listed a "Ciar�n O'Grady" among the substitutes.

who is we?

**Sheridan** · 15/08/2006, 5:37 PM

Ask Stavros Kenny or Kenneth Brennan, they know all about us.

**passerrby** · 15/08/2006, 6:27 PM

have the EL made any statement on this matter because the only info i have heard is speculation <has it been referred back to the board of no control or the board of mismanagement.

**Roverstillidie** · 15/08/2006, 6:52 PM

I was thinking that passerby, are we basing all this on the star's innaccurate article?

Has official contact been made with the clubs?

**OneRedArmy** · 15/08/2006, 6:59 PM

No doubt the League will circle the wagons tomorrow and seek to cover their arses for the reasons outlined above (ie that normal suspension notification procedures were not operating when the Hargan suspension was incurred).

However, it would seem clear to me that should Derry have the will to take this as far as it can go in the courts, the League don't have the proverbial leg to stand on. Email is virtually irrelevant in a Court of law and registered post was recommended as the proper means of conveying important information following Marney (regardless of rule book changes to the contrary). Add in cross jurisdictional issues and it becomes heresay and conjecture-based.

Normally I would be loathe to seek recourse to the Courts, as it does the League no good, but given the past actions of our main title rivals, I sincerely hope Derry City have retained counsel and are marshalling a robust defence and more critically, are prepared to take it as far as possible. There may even be a few indirect and wider benefits if a torch is shone on the inner machinations and workings of the League.

Let the battle begin.

**holidaysong** · 15/08/2006, 7:36 PM

The Irish Times article didn't mention Shamrock Rovers. Are they still going to be deducted points? In their preview of the Rovers - Athlone match tonight Aertel said they would be deducted them tomorrow...

**MariborKev** · 15/08/2006, 8:53 PM

Originally Posted by OneRedArmy

Normally I would be loathe to seek recourse to the Courts, as it does the League no good, but given the past actions of our main title rivals, I sincerely hope Derry City have retained counsel and are marshalling a robust defence and more critically, are prepared to take it as far as possible. There may even be a few indirect and wider benefits if a torch is shone on the inner machinations and workings of the League.

Let the battle begin.

They have retained counsel, and hence the reason that unlike certain parties, there has been no leaks from our side.