2 members from the FA disciplinary board ...surely that's 2 votes against us or they wouldn't be there in the first place?
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Not sure how it works, but it would appear that we are guilty of one charge anyway, so doubt votes will come into play. I think it is more about what the defence is, what the precedent is and what the punishment, if any, is.
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It would be unusal if they were not, that is the same in most walks of life.
The FA Disciplinary Commissions act as independent tribunals and are convened to hear both claims for wrongful dismissal and disciplinary charges on behalf of the FA. Disciplinary Commissions are normally comprised of three Disciplinary Committee members plus a member of the specialist panel comprised of former players, managers, referees and administrators. They can also use subject matter experts accountants and lawyers etc.The composition of each Disciplinary Commission is decided by the Chairman of the Disciplinary Committee. Commissions effectively act as independent tribunals considering cases,deciding on guilt or otherwise and determining penalties. The Compliance Department presents the case on behalf of The FA.
As someone who operates in this field or line of work, the questions I would pose is have any of the panel been a part of the process to consider the case for a charge to be made. If so they are tainted and they are compromised and goes against the grains of natural justice, I suspect that this would not the case but always worth exploring. That secondly who is the Chair of the Disciplinary Committee and I would look for any conflicting interests. If there were I would be making a judgement call on challenging this pre or post hearing.Populus fui meus nomen , tamen meus nomen est non meus nomen
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I am with Leveller if I was the clubs legal team I would be crawling over everything the FA have done prior to the investigation, during the investigation and in the build up to the hearing to see that everything has been done as is required.
My guess is that the investigation is littered with breaches of the procedures, the FA have already demonstrated that they are not competent when the initial transfer went through as they never done their part of the administration correctly; however its down to our legal team to demonstrate the impact such errors have had on our case.
I work in HR and I am guessing that the principles of natural justice will apply in business law the same as it does in employment.
With regards leaks from the FA if I was the legal team I would be making a Freedom of information request for all documentation the FA hold regards the affair not just what they have provided the club with regards the investigation but background emails between investigators and FA staff, memo’s & letters minutes from board meetings where it may have been discussed and minuted and in particular any correspondence between the FA and the Independent Board!!!!!! as views and comments made via email etc are usually very handy too the defence when mitigation is made prior to the award being made and can blow the most air tight of cases out of the water
My main concern is that we have pleaded not guilty and personally I think this is a massive own goal!!!!!!
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With regards leaks from the FA if I was the legal team I would be making a Freedom of information
Sorry FoI does not apply as they are not a public body, however as you and I know that the club can insitigate a fishing expedition requesting all relevant internal papers that are not covered by legal privilege. I suspect that this would not produce much.
As for Sun story, nothing more than you can expect from a Red Top #### paper and mentions the ultimate sanction and as you are in HR, you know that there is more than one award/sanction that can be deployed.
Is that bloody wedding over, can I now go out into the real world.Populus fui meus nomen , tamen meus nomen est non meus nomen
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Originally posted by swanleyhoop View PostWould that be the same Steve Claridge who stated on the FLS that a points deduction was extremely unlikely?
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