Rangers Still Say CAS Not An Option
Updated Monday, 4th June 2012
Rangers may live to regret winning the decision from Lord Glennie
The penalties available to the SFA could see Rangers, who currently owe more than £21million in tax, ejected from the Scottish Cup or suspension or expulsion from the game altogether unless the maximum £100,000 fine is found to be sufficient punishment. This is not thought to be a likely outcome. Yesterday, Charles Green, who is leading the consortium in place to buy Rangers, had the punitive sanctions in mind when he spoke about possible "disaster" for the club and Scottish football, but claimed he had little option but to go to the civil courts because the "Court of Arbitration in Sport was not open to the club."
The SFA responded by denying the route to CAS was closed off with a statement which concluded: "Indeed, no representation was made by the club to the Scottish FA to discuss the possibility or the process of seeking arbitration via the Court of Arbitration for Sport before Judicial Review was actioned." The SFA cite 62.2 (m) of their Articles of Association which refer to the powers of the board - "it may submit or refer claims by or against the Scottish FA to arbitration."
However, that was rejected by a Rangers spokesman today who said: "The Court of Session accepted Rangers' position that it had no alternative route of appeal. The judgement from Lord Glennie made it crystal clear. CAS would not have heard the case. We repeat, we would like to see an outcome where common sense prevails and there is no damage to other clubs in Scottish football. Rangers fully accept that there should be a sanction but it ought to be proportionate given the circumstances the club was in i.e. it was the victim of misdeeds of individuals who are no longer at the club."
Green, whose offer to creditors will be put to the voted on 14 June, is considering his options and could yet appeal to the Court of Session to ask for the case to to go back the the original point of the SFA's disciplinary process. Regardless of which body hears the case, the possible sanctions remain clear and potentially catastrophic for Rangers. There is no scope for 'deals' to be done between Rangers and the SFA. Only accepting the original transfer embargo would prevent the case going back to independent tribunal. However, Green would have difficulty in selling that idea to those Rangers fans who believe the SFA are antagonistic towards the Ibrox club, and who have celebrated Lord Glennie's decision in the past week.