sep 12, 2012 - As a result of questions raised after his
appointment to the SPL Commission
investigating Rangers use of side letters and
ebts Lord Nimmo Smith produced a “Reasons”
report in which the significance of the DOS
EBTS was dismissed and yet no one at the SFA
or SPL questioned his reasons for doing so
Description:
The original LNS “Reasons” report has been removed from the SPFL web site for some reason but a copy is held here along with comments in red at various sections but the key extracts in relation to DOS EBTS with comments in red are:
[14] The topic of the employee benefit trust (“EBT”) referred to in the Issues before this Commission was touched upon in two paragraphs (and only those two) of the report of the Special Committee of the SFA, (produced in February/March 2012- see above- but never made public) but no recommendation was made to the Board in that regard. The main reasons for not making a recommendation were:
"(1) the EBT came into existence several years before the period with which the Special Committee was concerned; "
This will be the DOS ebts which did precede Craig Whyte taking over RFC but in the Takeover Agreement he undertook to pay the liability that was discovered as a result of due diligence by Wavetower in March 2011. The failure to pay it by CW was deserving of inclusion in the Judicial Panel that charged him with bringing the game into disrepute as were the charges relating to non payment of PAYE and VAT, but for some reason it wasn’t.
and
"(2) there was in any event no sufficiently clear evidence of a breach of SFA Article 12.3 to justify any further action at that stage."
Au contraire – there was ample evidence in the form of HMRC letters to RFC from November 2010 to 20th May 2011 to justify a breach of Article 12.3 which says
“12.3 All payments, benefits or consideration of any description which are to be made to a player by or on behalf of a club in respect of or in connection with that player’s playing or training activities for the said club (other than re-imbursement of expenses actually incurred) must be fully recorded within a written agreement between the club and the player which must be submitted to the Scottish FA.”
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