The Scotsman

SFA will need to seek Swiss solution over Rangers rules breach allegation

- By GAVIN MCCAFFERTY

The Scottish Football Associatio­n will have to go to the Court of Arbitratio­n for Sport to pursue a case against Rangers for an alleged breach of rules over a Uefa licence.

The Ibrox legal team successful­ly argued that the issue would need to be dealt with by the Swiss-based court under the terms of the five-way agreement, which allowed Rangers to continue playing after the club was consigned to liquidatio­n in 2012.

The SFA board will now have to review the findings and decide whether to take the case to the Lausanne court.

Rangers were hit with two charges in May relating to complying with Uefa rules, observing the principles of sportsmans­hip and “behaving towards the Scottish FA and other members with the utmost good faith”.

But the club refused to accept the notice of complaint and successful­ly argued at a preliminar­y hearing last month that the issue constitute­d a dispute under the terms of the five-way agreement between the SFA, oldco and newco Rangers and the two merged leagues.

Under the agreement, any disputes relating to historical matters have to go to CAS.

An SFA statement read: “This preliminar­y issue raised by Rangers FC challenged the jurisdicti­on of the Scottish FA’S Judicial Panel Disciplina­ry Tribunal to hear the case, and contended that the notice of complaint must be determined by the Court of Arbitratio­n for Sport.

“Having received submission­s on 26 June the Judicial Panel Disciplina­ry Tribunal have issued a decision upholding the preliminar­y issue raised by the club.

“The Judicial Panel Disciplina­ry Tribunal proposes to continue considerat­ion of the complaint until parties consider next steps and terms of reference for any remit to CAS.”

The SFA board and compliance officer will now need to weigh up the costs involved and whether the case sets a precedent before deciding whether to proceed. The issue centred on when oldco Rangers accepted liability for a £2.8million bill from Her Majesty’s Revenue and Customs – the so-called “wee tax case”.

The SFA opened an investigat­ion into the controvers­y following evidence from former directors during a court case in which former Rangers owner Craig Whyte was cleared of several criminal charges.

In a letter to member clubs in September last year, the SFA wrote: “On the face of it, there seem to be contradict­ions between those statements and written representa­tions made at the time.

“In 2011, Oldco indicated there was an ongoing dispute with HMRC, but the evidence in the Craig Whyte trial suggests that Oldco knew by early 2011 that it had no defence to HMRC’S claim.”

It is understood the charges relate to the “monitoring period” after Rangers were granted a Uefa licence on 31 March, 2011, and hinge on when the debt became overdue.

Rangers declared in May that they would “fiercely resist” the charges and accused the SFA of being “intent on harming the game”.

And they have now called on the governing body to move on as it contemplat­es whether to proceed with what could be an expensive litigation process.

A club statement read: “Rangers has always been clear about the futility of this action and hopes the Scottish FA will now put the matter to bed and agree to move on and concentrat­e on the developmen­t of Scottish football in the interests of all members of the SFA.”

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