NEIL’S QC WARNING
BY ROSS PILCHER NEIL DONCASTER could be hauled into the dock and grilled over the Dundee vote fiasco, according to a top lawyer.
David Thomson QC, who was arguing Hearts and Partick newspapers support recycling
Thistle’s case at the continuing Court of Session hearing, refused to rule out the need to call witnesses should those two clubs win the day.
Legal representatives for the SPFL and Dundee United, Raith and Cove jointly put forward the argument for the case to be referred to the SFA.
But Thomson told Lord Clark it should be a matter for the courts to decide and that SPFL chief Doncaster and Dundee managing director John Nelms may have to be cross examined.
Thomson said: “Cross examination might be necessary. The concern of the petitioners is not to have some kind of public inquiry.
“The focus of their case is largely upon the documents and what the documents establish as to the unfairly prejudicial conduct upon which they found.
“The Dundee vote and all communications between Mr Doncaster and Mr Nelms, that’s the kind of thing that might be the subject of evidence.”
The original resolution to end the season early on April 10 was controversial after Dundee’s vote apparently wasn’t received despite being sent. It then emerged Dundee were allowed time to change their vote after incomplete results were published.
That meant their vote was decisive and Nelms then took the weekend before submitting a ‘yes’ vote, allowing the SPFL to halt the season early.
Thomson also cited the SPFL letter sent to all 42 clubs on June 26, informing them they’d be required to join United, Raith and Cove in opposing Hearts and Thistle’s submission if they wanted to see the SPFL’s response.
It was not appropriate, he contested, for the league to interpret a request to view their submission as support for it, nor was the request for them to join the promoted clubs’ cause.
He said: “It is a debacle. It is of significant public interest and concern. Given legitimate public interest in the case, the matter ought to be determined in a public forum like a court because it serves the public interest to do so.”
Gerry Mounihan QC, for the SPFL, had stated Hearts and Thistle risk being booted “oot the gemme” and yesterday Lord Clark said it’s one potential outcome he’d have to take into consideration.