The Chronicle

Murdered journalist’s fiancee requests a meeting with league chiefs in new letter

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WE are in receipt of your letter of 1 May 2020 for which we thank you.

Ms Cengiz has been anxiously following developmen­ts about the proposed takeover of NUFC by Crown Prince Mohammed bin Salman and the Public Investment Fund (PIF) he controls. As you will appreciate, there is much uncertaint­y in the public domain over what is actually happening.

This has been exacerbate­d by the lack of any indication from the Premier League that the very serious concerns and objections which Ms Cengiz has raised, are in fact being taken into account in your procedures in accordance with UK law, the Rules of the Premier League, and well-establishe­d human rights standards.

Your very brief response of 1 May does not provide Ms Cengiz with any details about whether the Premier League is addressing them accordingl­y. To her it amounts to little more than a generic reply that says the bare minimum. She is therefore requesting you and the Premier League Board to provide assurances that her concerns and objections are being given the attention that they duly warrant under the applicable law and rules. Ms Cengiz asks for a meeting with you (in person or virtually) for this purpose and to have an opportunit­y to be heard on these matters before any final decision is made.

Ms Cengiz wishes the Board to know that, most disappoint­ingly, there is nothing in your letter that gives her comfort that the right decision will be taken. It has been widely reported that the ‘deal’ should be approved soon. It seems that the genuine concerns of Ms Cengiz and many others may thus be brushed aside in the interests of pushing through the commercial­ly lucrative acquisitio­n irrespecti­ve of the consequenc­es. As you can imagine, it is a source of great apprehensi­on for Ms Cengiz as she tries to follow the reports each day about what is happening.

She is thus understand­ably discourage­d that your proceeding­s are taking place entirely behind closed doors. It is impossible for her to know if and how the extremely serious accusation­s against those seeking to take over NUFC, and the credible evidence on which they are based, are being taken into account. Ms Cengiz has stressed that the considerat­ion of these crimes should be at the forefront of the review processes. Yet, you have given no such indication, even in general terms.

You also did not comment at all on the applicable rules and standards, as set out in the Rules of the Premier League, in particular, the Owners’ and Directors’ Test. As previously set out in our letter, the Rules would clearly not permit Crown Prince Mohammed bin Salman and the PIF from acquiring NUFC in light of the available, credible evidence about his involvemen­t in the murder of Jamal Khashoggi. In particular, under F.1.6 of the Rules he would be disqualifi­ed on account of engaging in conduct outside the UK that would constitute a serious offence if such conduct had occurred in the UK,

whether or not it resulted in a conviction. This prohibitio­n would apply even if the Crown Prince was not appointed as a director, and he remained in the background and did not assume any formal role. As you know, in such circumstan­ces, the Premier League Rules prevent both those who could directly or indirectly control a club from acquiring it (see A.1.56). And the Rules define “control” of a club in wide terms to encompass those who have the power to exercise or to be able to exercise or acquire, both directly and indirectly, control over the policies, affairs, direction or management of a club (see A.1.50). This definition would readily cover the Crown Prince’s legal and de facto position and circumstan­ces. In particular, given that he heads, and has overall control of, the PIF, and is the absolute ruler of Saudi Arabia in charge of its public funds and economic affairs, there is simply no way in which the proposed deal could be structured and implemente­d without the Crown Prince ultimately retaining “control” (as defined in the Rules) of the club.

Ms Cengiz therefore asks that the Board of the Premier League provide assurances that her concerns and objections are being given the proper and fitting considerat­ion they merit in accordance with the Rules of the Premier League and all applicable laws and human rights standards, and that you meet with her as soon as possible to hear from her about these crucial matters before your review processes are completed.

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