City want St Pat’s ruling clarified

**Bernie** · 11/01/2002, 7:36 AM

A whole two articles on City in todays examiner!!!
Only for our friend Bill.....

By Bill George
SHELBOURNE yesterday decided to fulfil their FAI Cup tie against Finn Harps at Ballybofey tomorrow night, content in the knowledge that a Cork City letter to the National League will ensure the St. Patrick’s Athletic affair will not quietly disappear.
Cork last night despatched a letter to League Commissioner Roy Dooney asking for clarification of the decision of the arbitrator that led to the restoration of nine League points to St. Pat’s.

The Dublin club had been docked the nine points by the FAI when it was established they had played an unregistered player in the opening three League matches. The arbitrator’s decision took into consideration the fact that St. Pat’s letter of registration had gone astray in the post.

Shelbourne chief executive, Ollie Byrne, last night left a meeting of the board of the club to say they would fulfil their obligations by travelling to Ballybofey for tomorrow night’s match, but he also emphasised their continuing dissatisfaction with the case.

He said: ”We will delay making any announcement of our intentions until next Tuesday. Over the next few days there are meetings scheduled of the FAI Council and of the Board of Control of the League and we’ll see then how things stand.”

It is fair to assume that Shelbourne were aware that Cork intended to keep the matter alive by writing to the Commissioner and the club’s chairman, Mr. Michael O’Leary, made it plain last night that their concern was not focused exclusively on the current case.

”We believe it is important for the League and for every club in the League for the issues here to be clarified” he said. ”We do not consider the matter closed because our view is that, leaving the St. Pats issue aside entirely, the rules and regulations of the League have to be upheld.

”St. Pats were clearly in breach of the rules of the League and we want to know, for instance, if it is an acceptable defence now to claim that you did not mean to break the rules.”

A cause of concern to Cork is the issue of which set of rules was applied and whether or not there exists a level of contradiction in the rules of the League and the rules of the FAI.

The initial decision of the League to fine St. Pats and not deprive them of League points was appealed by Shelbourne and Derry City to the FAI, in accordance with the rules. The FAI then increased the penalty by docking St. Pats nine points.

St. Pats then sought the appointment of an arbitrator to sit in judgement - again according to the rules - and it was at this stage that actions were taken which Cork City believe should now be examined and clarified in the interests of consistency in the future.

Rule 53 of the League’s set of rules and Rule 28 of the FAI rules cover the appointment of an arbitrator and Cork City want to know which set of terms were applied in this instance.

Rule 53 of the League specifies unequivocally that an arbitrator must be an independent person and not a member of any League club. The Senior Counsel who was asked to arbitrate is actually the chairman of a League club.

Said Mr. O’Leary: ”We are not wishing to cast any aspersions on the arbitrator who is a respected legal expert but it is important for the future to have the issue clarified. The rules are very clear and specific on the issue and while there might be a very simple explanation in this case we believe it should be spelt out.”

The other issue concerns the requirement that parties to a dispute must accept to be bound by the findings of an arbitrator before he sits in judgement. Derry City agreed to this prior to the hearing, but Shelbourne refused.

The FAI general secretary, Mr Brendan Menton, is believed to have indicated to Shelbourne that they are not regarded as parties to the dispute, but the fact is, it was Shelbourne and Derry who ensured the issue was referred to the FAI by objecting to the original decision.

Said Mr. O’Leary: ”There are several issues here and it is clearly in everybody’s interest to have them clarified. We have an obligation to keep the integrity of the League intact and here was a club in clear breach of the rules with no meaningful punishment whatever. Everything about this must be made crystal clear.”