|
Post by Admin on Oct 10, 2020 8:32:11 GMT
Cunupia FC sues Wallace and vice presidents
Attorney-at-Law and former Minister of Legal Affairs Peter Taylor. guardian.co.tt/sports/cunupia-fc-sues-wallace-and-vice-presidents-6.2.1231951.b29bf1e504T&T Pro League outfit Cunupia FC has sued embattled T&T Football Association (TTFA) president William Wallace and his two remaining vice presidents Clynt Taylor and Joseph Sam Phillips in the private capacity over their decision to pursue their controversial lawsuit against FIFA. In the court filings, obtained by Guardian Media Sports on Thursday, the club’s lawyer Peter Taylor claimed that the club was entitled to over $4.5 million in Government and private funding, which it claims it would have received if FIFA had not suspended the association for failing to meet its extended ultimatum for withdrawing the case, last month. “The Defendants’ actions were grossly negligent, highly reckless unethical and irresponsible and without due regard to the statutory underpinning which binds the actions of the Association since they knew or ought to have known that failure to withdraw the action in the High Court would result in the suspension of T&T from all the attendant adverse consequences flowing there from,” Taylor said. The club claimed that Wallace and his team went against the wishes of the majority of its member associations, who voted (21 to withdraw, eight to continue and three abstentions) before the deadline to withdraw the case, by withdrawing their withdrawal application, which was filed 23 minutes past the deadline (3 pm TT time), after FIFA announced the suspension. The case comes up for trial before Justice Carol Gobin on Friday. “The Defendants’ decision not to obey the majority vote of its membership to withdrawing the High Court action is inconsistent with good administration,” Taylor said. It stated that through the suspension it would miss out on participating in regional club tournaments and receiving corresponding funding. “The Defendants’ actions will severely hamper the Claimant’s development of it players and staff for an indefinite period thereby occasioning loss and damage,” Taylor said. —Derek Achong
|
|
|
Post by Admin on Oct 12, 2020 21:58:41 GMT
Gayle: FIFA illogically inconsistentMatthew Gayle - One of the TTFA four lawyers guardian.co.tt/sports/gayle-fifa-illogically-inconsistent-6.2.1233042.30d835e40bby Walter Alibey - Senior Reporter Yesterday Mon Oct 12 2020 Matthew Gayle - One of the TTFA four lawyers SHIRLEY BAHADUR There seem to be more unanswered questions from FIFA's ruling on September 24, a situation that could potentially call on the sport's world governing body for clarity. FIFA's suspension of the T&T Football Association (TTFA) came with a condition that it must first drop the court matter, and align its Statutes with that of the FIFA to regain FIFA membership. However, Matthew Gayle, one of the four TTFA lawyers believes that FIFA has been illogically inconsistent with its request and needed to be clear with what it wants since the TTFA was formed by an act of Parliament and it could be frankly audacious for them (FIFA) to ask the T&T Parliament to amend it. Speaking to Guardian Media Sports on Sunday he said, "It makes no sense," Gayle explained, just two days before Justice Carol Gobin rules on the legitimacy of the FIFA to appoint a Normalisation Committee to replace a duly elected football administration on March 17, to manage football in T&T. Gayle assured the TTFA constitution is perfectly in line with that of FIFA since FIFA approved it. "The only thing that is inconsistent with FIFA Statutes is the Act of Parliament and I don't think that FIFA will be so audacious to ask the Parliament to amend its act." The aims and objects of the Association are: (a) to regulate and control the conduct of Football in T&T (under the Federation Internationale de Football Association system) and to provide playing fields and conveniences in connection therewith; Accordingly, Article 2 (e) objectives of the TTFA constitution states: (e) to respect and prevent any infringement of the statutes, regulations, directives, and decisions of FIFA, CONCACAF, CFU, and TTFA as well as the Laws of the Game, and to ensure that these are also respected by its Members; Act item 4 states: The affairs of the Association shall be managed by a General Council whose election powers and procedures shall be as prescribed in the Constitution and Rules of the Association. Article 7 Conduct of Bodies and Officials of the TTFA Constitution states: The bodies and Officials of TTFA must observe the statutes, regulations, directives, decisions, and the Code of Ethics of FIFA, CONCACAF, CFU and TTFA in their activities. Last week Justice Gobin reserved her ruling in the court the for Tuesday and could well call upon FIFA's local lawyers for clarification of what is meant by asking the TTFA to bring its Statutes in line with theirs (FIFA). Gayle said he was also confused by FIFA's claim that while the normalisation committee will cease to exist during the suspension, FIFA will only communicate with the normalisation committee concerning all T&T-football-related matters. William Wallace, the TTFA president has said his group will drop the court battle with the FIFA if the court rules against them. However, he maintained that if the court rules in their favour, they will convene an Emergency General Meeting to decide on the way forward for everything, inclusive of their if they will continue or drop the matters in the Court of Arbitration for Sports (CAS) in Switzerland as well as the appeal matter in the local court which comes up for hearing on October 21. ABOUT THE TTFA VS FIFA CASE (SIDE BAR) Through the lawsuit, Wallace and his three vice presidents — Clynt Taylor, Joseph Sam Phillips, and Susan Joseph-Warrick (resigned on September 25) are seeking a declaration that the decision to remove them in March and replace them with a committee comprising of businessman Robert Hadad, attorney Judy Daniel, and retired banker Nigel Romano was null, void, and of no legal or binding effect. They are also seeking a permanent injunction barring FIFA from meddling in the TTFA's affairs by allegedly seeking to circumvent the democratic process by removing duly elected executive members. Gobin has also been asked to decide whether FIFA's statutes, under which the replacement was done, conform with the local legislation, which established the association. Wallace and his team initially brought proceedings against FIFA in the Court for Arbitration for Sport (CAS) but were forced to withdraw as they could not pay the 40,000 Swiss francs (TT$276,000) in associated costs. Their position was partly due to FIFA's policy to not pay its share of the fees and CAS's rules, which require the other party to pay the full costs when the other fails in its obligations. After the case was filed, FIFA applied for it to be struck out as it claimed that the TTFA by virtue of its membership with FIFA agreed to forgo all legal action in local courts in favour of proceedings before the CAS following a vote on September 22 in which 21 members voted for the TTFA to drop the matter, 8 votes to fight FIFA and 3 members abstained. However, the TTFA failed to meet FIFA's deadline of 3:00 pm (T&T Time) on Wednesday 23 September after filing their withdrawal application at 3:23 pm and on September 24 (T&T Republic Day) FIFA suspended the TTFA form all FIFA's activities, programmes and events until further notice. Tagged in:
|
|
|
Post by Admin on Oct 12, 2020 22:10:44 GMT
Look Loy's United TTFA prefers 'colonial' control from England guardian.co.tt/sports/look-loys-united-ttfa-prefers-colonial-control-from-england-6.2.1233439.8e816e12aaDear Editor Since the pre-election lies, alleged forged letters and spurious pledges from United TTFA (T&T Football Association) as reported in the media local and foreign, I have watched with horror, dismay and concern how they have in fact disunited the T&T football fraternity by their naivety, lack of business acumen and minimal transparency. My first experience of their lack of professionalism and style was when they abruptly sacked T&T national coach Dennis Lawrence, a few weeks after their November 24, 2019 election win which although their rightful prerogative could have been handled with a bit more empathy for Lawrence, a national hero. They hauled him before a kangaroo court of numerous individuals in Couva and bombarded him with an assault of unfair criticism and personal attacks before sacking him a few weeks later in a two minute Whatsapp call from the so-called president during the festive season. When I informed him that the TTFA was now liable for paying him his salary/bonus arrears and the full balance of his contract within 30 days as per his contract his immediate response was that he would settle it soon and had plans organised to do so. This of course never transpired. In spite of numerous promises and Dennis was forced to take his claim to FIFA which is not a cheap or swift process. The lack of style, concern, honesty and professionalism shown by William Wallace and his cohorts was an insult to a national hero and compatriot who had worked tirelessly, professionally and always with integrity and dignity in spite of all the fiscal and logistical pressures he too had to endure during his three-year tenure. To subsequently watch the soap opera of United TTFA evolve with fantasy schemes, dodgy deals, secretive contracts, downright lies and "Walter Mitty" delusional plans to reduce the massive debt burden, just confirmed to me their total unsuitability for the job. In particular, the punitive Avec kit deal, the nonsensical Arima project and the reliance on the promises and persuasion of a proven hustler just showed how gullible and naive this gang of wishful thinking so-called “United” Board were. It’s a pity the Normalisation Committee was not appointed the day after the election! When Wallace eventually admitted due to Startling exposures and revelations in the media that he had kept many of his dealings secret from his board and had not told the truth about many of his actions his puppet master Keith Look Loy disowned him and threatened to have him removed via an EGM (Emergency General Meeting) as he was horrified and deplored this scandalous conduct. Look Loy reasoned that his "pardnah" had lost the moral high ground and shown an unacceptable level of non-transparency which they had all pledged to eradicate in their pre-election diatribe. His attack on Wallace was public, damaging and reduced his credibility significantly in the eyes of the football fraternity and general public to even continue in the role of president. Strangely, Look Loy then sidetracked the EGM on advice from lawyers and weeks later once again stood “United” shoulder-to-shoulder with “President” Wallace pontificating about making a principled and moral stand against the crooked "Colonial Masters" in Zurich, Switzerland and their lack of integrity and transparency. The hypocrisy is breathtaking from this bag of wind. The damage that United TTFA has caused to T&T’s reputation regionally and globally in their short tenure has now culminated in a suspension that has been coming inevitably given the regular provocative and confrontational attacks on the governing body at every opportunity particularly by the Keyboard warrior from Arima who’s angry, and venomous rantings have created a hostile atmosphere at every stage and personify his character. The anger, confrontation and hostility even made its way into the withdrawal affidavit which was the final straw for FIFA and so ironic after Look Loy on Republic day stated he would not celebrate until the "Colonial Masters" from Zurich had left the country so he must have had quite a night on the "babash" as he got his wish on the same memorable day that FIFA said au revoir! However, I am still a little confused how he reconciles his bitter hatred of Colonial control with his support and appointment of Lawrence's replacement Terry Fenwick, Peter Miller, Phil Mepham, Christopher Wykes, Laura Hogan and not to mention his friends from Avec and Lavender who when I last looked all come from England. Regards, Mike Berry England Tagged in:
|
|
|
Post by Admin on Oct 14, 2020 19:44:20 GMT
SPORTS Cunupia FC withdraw claim against TTFA
JOEL BAILEY 14 HRS AGO Cunupia FC coach Michael De Four - Cunupia FC coach Michael De Four - TT PRO League club Cunupia FC have withdrawn their legal claim against the ousted TT Football Association (TTFA) executive, led by William Wallace. The notice of withdrawal was filed by Cunupia FC’s attorney Peter Taylor at the High Court’s registrar on Tuesday. Cunupia FC recently filed an affidavit, which challenged Wallace’s failure to meet FIFA’s final deadline of 3 pm, on September 23, to withdraw a legal challenge against the global governing body. Wallace and his team did in fact withdraw their challenge against FIFA, but two minutes past the stipulated deadline. As a result, FIFA, on September 24, decided to suspend TT from international matches and club competitions, in violation of their statutes. Cunupia FC coach Michael De Four, in a recent Newsday report, indicated that the suspension from FIFA has cost the club approximately $4.5 million of investment. According to Taylor, “The claimant (Cunupia FC) had a conversation and it was felt that, in all of the circumstances, the best thing to do at this point was to ‘keep the gun powder dry’ because we’re still of the view that things may change with respect to the position of FIFA. “To the extent that we can’t quantify the estimated future loss, it may well have been the proper position, legally, to take at this point in time to see how things unfold,” Taylor added. The former parliamentarian said, “The club is satisfied that they were able to win a moral victory in a sense because they were able to highlight the ill-advised decision of the leadership of the TTFA to not observe the majority vote that was taken (on September 22) to withdraw the claim.” Regarding the monies Cunupia FC were seeking, Taylor mentioned, “They are waiting to see how the matter unfolds, whether there is going to be any new position taken by the TTFA and, if in fact, that continues and there is a quantifiable loss, they still are open to make that claim at the appropriate time.”
|
|
|
Post by Admin on Oct 14, 2020 19:46:12 GMT
Rowley jeers at United TTFA's victory in court
STEPHON NICHOLAS 6 HRS AGO Prime Minister Dr Keith Rowley - Prime Minister Dr Keith Rowley - newsday.co.tt/2020/10/14/rowley-jeers-united-ttfas-victory-in-court/Tuesday evening's victory for United TTFA against FIFA in the High Court seemed to have left the Prime Minister restless as he pondered the future of Trinidad and Tobago's football. Justice Carol Gobin ruled on Tuesday night that FIFA's removal of William Wallace's TTFA executive and implementation of a normalisation committee, after just four months in office, was illegal. In a Facebook post around 1am on Wednesday, Dr Rowley said the goal scored by the reinstated TTFA president against the Gianni Infantino-led FIFA was no cause to celebrate. In fact, Rowley strongly suggested it might have been an own goal that condemns TT's football to defeat. The TTFA remains banned by FIFA for taking the matter to the local court. Gobin's ruling had Rowley remembering lessons from his schooldays and weighing the collateral damage of the victory, which he described as pyrrhic. "Another such victory and we shall be utterly ruined,” he posted, quoting Pyrrhus, King of Epirus, 2,000 years ago. He added, "Thank God I was taught some Greek history and Latin at Bishop('s) High School. Otherwise I would have never been able to understand that adventure. I think we all now need to study the 2000-year events of the Pyrrhic wars to figure out how it all might end."Pyrrhos was indeed king of the Molossians and also of Epirus. However, Rome still stands so what does the future hold? Success that comes at such a high price and at other people’s expense sometimes results in the price of the 'victory' proving too costly to have been worth it. In that case, what happens when the powerful King wins the battle but the thousands of subjects lose." Jeering from the stands, Rowley argued there was no winner coming out of Tuesday's judgment, especially for TT's footballers. "So now United TTFA has 'won' and FIFA has lost. The matter is settled in local court. We are now free of the 'colonial' FIFA. We, boys and girls, men and women, are free to play by ourselves and against ourselves because nobody will be allowed to play with or against us."Oh. That’s it! I finally understand it. That means we can never lose and will always win because we will only be playing by ourselves. Brilliant!"
|
|
|
Post by Admin on Oct 14, 2020 19:54:46 GMT
What the PM fails to realize is that the TTFA does not wish to capitulate like a well trained House Niggah. One would think he of all people could see this.
VB
|
|
|
Post by Admin on Oct 16, 2020 9:46:41 GMT
|
|
|
Post by Admin on Oct 17, 2020 15:52:17 GMT
Keith Look Loy resigns for all T&T football
by Sports Desk 23 hours ago Sat Oct 17 2020 Keith Look Loy - Resigns as Super League President & TTFA Board member Four days after the embattled T&T Football Association (TTFA) president William Wallace and his United TTFA executive team won their controversial lawsuit against FIFA in the T&T High Court when Judge Carol Gobin ruled that FIFA's move to appoint a Normalisation Committee led by businessman Robert Hadad to replace Wallace and his team was illegal, null and void and of no effect, Keith Look Loy, a former national youth player, who was instrumental in the United TTFA team battle in every aspect and at every stage, has resigned. His resignation also comes less than 24-hours after Wallace and third vice-president Joseph Sam Phillip met Prime Minister Dr Keith Rowley, Stuart Young, the Minister of National Security and Shamfa Cudjoe, the Minister of Sport and Community Development at the Office of the Prime Minister at the Diplomatic Centre in St Ann’s to find a way forward for the sport. Look Loy, who has been at the centre of all the United TTFA decisions leading up the TTFA elections on November 24, 2019, and then challenging The former FIFA employee, who raised administrative concerns of the David John-Williams-led administration, that led to the formation of the United TTFA, resigned his positions of T&T Super League president and member of the Board of Directors of the TTFA yesterday amid criticisms of his team's success at the court from many, including Prime Minister Dr Keith Rowley. Look Loy in an eight-page resignation letter yesterday said he has run his race, in not only the battle for rightful leadership of local football against the FIFA but in football as a whole. In his letter, he said: "In the aftermath of the seven-month battle between the United TTFA and FIFA, with conflicting emotions, I resign the positions of TTSL President, TTFA Board member and TTFA Technical Committee chairman. These resignations are effective immediately." Look Loy who almost singlehandedly championed the cause for the country's sovereign rule to be upheld, in their fight to overturn the appointment of a Normalisation Committee which replaced them in March this year, made it clear in his letter: "I am old enough to remember the raising of the red, white and black at magical midnight on 31 August 1962, under the watchful eye of Dr Eric Williams. Today we are the sovereign Republic of Trinidad and Tobago, responsible for and to ourselves. I have experienced the transition from the subject of a foreign power to a citizen of a sovereign state, and I have lived the joys and sorrows, the highs and lows of independence from foreign rule." Disappointed by the latest developments, Look Loy said football has been his lifelong love and labour, saying he participated in and represented T&T football, on and off the field for more than 50 years. However, he noted: "Never did I think the day would come when a foreign entity would attempt to seize control of our football. To see many fellow citizens rationalize, aid and abet this is unbearable." Look Loy's apparent win-and-loss battle hinged on a premise that the country's return to the fold of the FIFA membership, depends on whether the Act that led to the incorporation of the TTFA will be amended. Earlier this week, TTFA attorney Matthew Gayle said, though he was uncertain of exactly what the FIFA was requesting by asking the TTFA to align its Statutes with theirs, said he didn't think the FIFA was being so audacious. Look Loy made it clear he will stand by the sovereignty of the country, its laws and its institution, noting that he was proud to be a member of the United TTFA, explaining that the victory in the court was not limited to our shores, but it bears global significance. "T&T has now set the stage for other countries to challenge FIFA's arrogant and brutal approach to global football governance. The spotlight is now on FIFA, which must end its arbitrary and weaponized deployment of the Normalisation Committee against administrations it does not favour, and which must now institute objective criteria and proper protocols for the use of said committee to resolve legitimate and intractable governance problems in member Associations." Look Loy's last assignment in local football was his role, as a Board member, in approving an Extraordinary General Meeting (EGM) on October 25, among the sport's general membership. At that meeting, the membership will have the power to decide how football will move forward from here onwards. Look Loy who is also the owner and managing director of Super League outfit FC Santa Rosa said: "On Sunday, October 25th, the membership will be faced with choices: to support the Wallace administration in its other legal battles (in the Appeal Court and CAS): to call on Wallace to end the legal campaign: to call on him and the officers to resign or seek to remove them: to call on the government to amend Act 10 of 1982 to allow for FIFA intervention in TTFA governance: and to call on FIFA to enter T&T to exert control over TTFA. Such is democracy and I will respect it." Following on ruling by Justice Carol Gobin in the High Court on Tuesday, the Court of Appeal will sit on Monday to adjudicate on whether Gobin's ruling on T&T being the jurisdiction for the TTFA/FIFA dispute to be settled, as well as if the TTFA should be the legitimate body to manage local football. The United TTFA group comprised William Wallace, the TTFA president and three vice presidents — Clynt Taylor, Joseph Sam Phillips, and Susan Joseph-Warrick together with Anthony Harford, the president of the Northern Football Association (NFA) and Look Loy. After FIFA suspended the TTFA on September 24, Joseph Warrick, Harford and now Look Loy have resigned. Keith Look Loy's resignation statement: "On Wednesday 14 October Justice Carol Gobin delivered her judgment in the matter of TTFA v FIFA, declaring the William Wallace administration to be the lawful leadership of the Association. As promised by United TTFA, an Extraordinary General Meeting of TTFA's membership has been called for 25 October. As a member of the TTFA Board I approved the calling of that meeting. Now that the central issue of the legality of FIFA's actions has been adjudicated, it is time for TTFA's membership to decide the immediate political direction of the Association. For my part, I have run my race - not only in this matter but in football as a whole. In the aftermath of the seven month battle between United TTFA and FIFA, with conflicting emotions I resign the positions of TTSL President, TTFA Board member, and TTFA Technical Committee chairman. These resignations are effective immediately. I was born in 1953 under British colonial rule, which our people historically resisted. I am old enough to remember the raising of "the red, white and black" at magical midnight on 31 August 1962, under the watchful eye of Dr. Eric Williams. Today we are the sovereign Republic of Trinidad and Tobago, responsible for and to ourselves. I have experienced the transition from subject of a foreign power to citizen of a sovereign state, and I have lived the joys and sorrows, the highs and lows of independence from foreign rule. Football has been my lifelong love and labour. I participated in and represented Trinidad and Tobago football, on and off the field, for more than fifty years. Never did I think the day would come when a foreign entity would attempt to seize control of our football. To see many fellow citizens hysterically rationalize, aid and abet this is unbearable. I will always stand by the sovereignty of our country, its laws and its institutions. I am proud to be a member of United TTFA, which won the historic legal campaign to reject FIFA's grotesque and illegal attempt at external intervention. The rule of Law in Trinidad and Tobago has been upheld by our independent court. But the import of this victory is not limited to our shores. It bears global significance. Trinidad and Tobago has now set the stage for other countries to challenge FIFA's arrogant and brutal approach to global football governance. And the spotlight is now on FIFA, which must end its arbitrary and weaponized deployment of the Normalization Committee against administrations it does not favour, and which must now institute objective criteria and proper protocols for the use of said Committee to resolve legitimate and intractable governance problems in member Associations. On Sunday 25 October the membersip will be faced with choices: to support the Wallace administration in its other legal battles (in the Appeal Court and in CAS); to call on Wallace to end the legal campaign; to call on him and the officers to resign or to seek to remove them; to call on the government to amend Act 10 of 1982 to allow for FIFA intervention in TTFA governance; and to call on FIFA to enter Trinidad and Tobago to exert control over TTFA. Such is Democracy and I will respect it. But I remove myself from the equation. I will not be involved in that debate because I believe the legal campaign has run its course, and no matter the decision in either legal forum, it is the membership that will have to decide on TTFA's immediate direction. Sunday 25 October is Ground Zero. In the grand scheme of things, however, it is clear to me that the membership wishes to participate in global football even if it means bowing to FIFA, and voluntarily ceding our right to govern ourselves and to resolve the problems and crises of our independence and sovereignty. I accept that political reality. When the founding members of our league invited me, on its establishment on13 December 2016, to become interim President, I made it clear I would serve one, and only ONE, term of office. Office holds no irresistible charm for me. After the League successfully fought David John-Williams for TTFA membership, my official term of office began upon my election in August 2017 (to end in August 2021). So I depart early. It has been an honour and and a privilege to serve Trinidad and Tobago football these many decades, and as Super League President for just over three years. I sincerely thank the TTSL Board, all the comrades in arms and member clubs who supported me in pursuing the league's agenda, even in the most difficult times, and in defending its autonomy from external and internal attack. I thank my United TTFA comrades - William Wallace, Clynt Taylor, Susan Joseph-Warrick, Joseph Sam Phillip and Anthony Harford - and our intrepid legal representatives - Matthew Gayle, Dr. Emir Crowne, Jason Jones and Crystal Paul of New City Chambers - for fearlessly standing against Goliath in defence of principle and the dignity of our people. Now my work is done, and I leave the league financially solvent and politically strong. But I caution the membership to be vigilant, to guard their independence jealously. I make way for those who wish to assume the leadership of the Super League, and who believe they could do better. I leave Trinidad and Tobago football, head high and satisfied that I made my contribution with the best of intentions and to the best of my ability. Ultimately, the lasting judgment of our actions will be provided by History." Good luck to all. "What we do now echoes in eternity." Meditations (Marcus Aurelius, Roman Emperor and philosopher, 121 to 180 AD). Keith Look Loy 16 October 2020
|
|
|
Post by Admin on Oct 19, 2020 7:59:32 GMT
FIFA President, Gianni Infantino came to Trinidad in late 2019 and complimented David John Williams, the then President of the TTFA on how well-run TT football was. He lauded the Home of Football. Four months later, Infantino changed his mind. He decided that TT’s Football had been mismanaged for years and now needed a Normalisation Committee. He was quite happy when his colleague and supporter, Williams, was running the show. However, the moment the United TTFA headed by new President, William Wallace decided they wanted to know exactly how Williams’ TTFA had spent FIFA’s fund for the construction of the HOF, Infantino had a change of heart. Continue reading here.... www.hail-caribbean-sport.com/
|
|
|
Post by Admin on Oct 24, 2020 9:00:42 GMT
Sports FIFA wins appeal
by Derek Achong 11 hours ago Fri Oct 23 2020 Chief Justice Ivor Archie guardian.co.tt/sports/fifa-wins-appeal-6.2.1238462.5140c55e2fNolan Bereaux FIFA has been given the green light to retake control of the the T&T Football Association (TTFA). Delivering a judgement during a virtual hearing, yesterday afternoon, Chief Justice Ivor Archie and Appellate Judge Nolan Bereaux ruled that the lawsuit, brought by embattled TTFA president William Wallace and his United TTFA executive team, contravened the TTFA's constitution. The decision means that FIFA is free to reintroduce the normalisation committee which they replaced Wallace and his team with in March. With such a move, FIFA may also chose to lift the TTFA's indefinite suspension, which it applied after Wallace and his team failed to withdraw the lawsuit by its extended ultimatum in September. FIFA has previously indicated that the lifting of the suspension was contingent on the withdrawal of the lawsuit and modification of the TTFA's legislation and Constitution to prevent similar legal action in the future, however, based on the Appeal Court's findings the latter may be unnecessary. Wallace and his team may still have a life line if they desire to pursue the case to its fullest as they can still appeal the Court of Appeal's ruling to the Privy Council. They are also free to pursue a case before the Court of Arbitration for Sport (CAS). Bereaux, who wrote the substantive judgement, noted that the Constitution prescribes that all disputes between the TTFA and FIFA should be dealt with by the CAS. "The fact that such a provision is enshrined in the TTFA's Constitution means that the TTFA and its executive are bound to comply. The result is that the filing of these proceedings was a breach of the TTFA's Constitution," Bereaux said. He also said that High Court Judge Carol Gobin, who heard the case despite FIFA's jurisdictional protest and found in Wallace and his team's favour, was wrong to rule that the FIFA's Statutes, which deal with the appointment of normalisation committees to member federations, were inconsistent with the Act of Parliament, which incorporated the TTFA. Bereaux said the legislation gave the TTFA the power to adopt FIFA's laws and policies in its Constitution. "Having made its choice and having bound itself by its own Constitution to comply, it cannot now act outside of its provisions," Bereaux said, as he ruled that the CAS was the more appropriate forum as it is comprised of sporting experts. Bureaux also stated that Gobin should have stayed the case, as requested by FIFA, and referred it to arbitration. While Archie merely gave his nod to Bereaux's written judgement, he decided to weigh in on Gobin's handling of the case. "It was neither prudent case management nor an economical deployment of judicial time and resources to attempt to finally determine the substantive issues and to deliver a judgement less than a week before the scheduled hearing of the interlocutory appeal...Zeal is commendable but it must not obscure the need for caution," Archie said. In the judgement, the Appeal Court also ruled that the litigation contravened the Judiciary's Civil Proceedings Rules as it was served on FIFA via email, when Swiss law does not permit such a method for service of a lawsuit. Despite the ruling, Bereaux said that Wallace did have the authority of the bring the case as all that was required was the approval of the board. In addition to declaring Gobin's judgement null and void, the Appeal Court also ordered Wallace and his team to pay FIFA's legal costs for defending the lawsuit. Wallace and his colleagues were represented by Dr Emir Crowne, Matthew Gayle, Crystal Paul, and Jason Jones, while Christopher Hamel-Smith, SC, Jonathan Walker, and Cherie Gopie appeared for FIFA.
|
|
|
Post by Admin on Oct 24, 2020 9:06:06 GMT
TTFA Sunday GM in doubt
JELANI BECKLES 3 HRS AGO William Wallace - William Wallace - newsday.co.tt/2020/10/24/ttfa-sunday-gm-in-doubt/THE validity of Sunday’s Extraordinary General Meeting (EGM) involving the TT Football Association (TTFA) membership is now in question as it is unclear who is in charge of local football. On Friday, the Court of Appeal ruled that the imposition of a normalisation committee by FIFA should have gone to arbitration before the Court of Arbitration for Sport (CAS). Chief Justice Ivor Archie and Justice of Appeal Nolan Bereaux both agreed that the filing of proceedings in the local courts by TTFA’s president, William Wallace, and his executive, was a breach of the local football body’s Constitution which provides that any dispute against a decision by FIFA must be heard by the CAS. As a result of their decision, the decisions of Justice Carol Gobin in August and last week were set aside. In her ruling last Tuesday in the High Court, Gobin ruled that FIFA’s removal of the TTFA executive and implementation of the normalisation committee, after it had only been in office for four months, was illegal. The normalisation committee was appointed in March by FIFA because of TTFA’s massive debt. On Friday, the TTFA was also ordered to pay the legal fees of the High Court and the Court of Appeal. In an interview with Newsday following Friday’s ruling, Wallace responded to the order that TTFA must pay the legal fees. “I respect the decision of our courts.” Discussing the amount that TTFA will have to pay, Wallace said, “That has not been quantified. I don’t know.” Wallace said the membership will decide on the future of local football after Friday’s ruling. Discussing the TTFA EGM scheduled for Sunday at 9 am, Wallace said that may now be out of his hands. “That also at this point in time I am not sure of. I need to have that conversation with the legal team…from my point of view I think that any meeting would have to be called now will have to be called by the normalisation committee.” TTFA board member and former national defender Brent Sancho said he is also of the understanding that the normalisation committee is in charge again. Sancho, who believes members may still attend Sunday’s EGM, said Wallace needs to make it clear who is going to pay the legal costs. Sancho said the validity of Sunday’s meeting “comes under severe questioning.” He added, “I highly suspect that this meeting from a legal point of view and the persons that called it is now deemed illegal. I could only suspect that.” Chairman of the normalisation committee Robert Hadad, asked for a comment on the latest ruling, said, “No comment yet.” Minister of Sport and Youth Affairs Shamfa Cudjoe said she was not “too surprised” by the ruling as TTFA is part of FIFA and certain statutes must be followed.
|
|
|
Post by Admin on Oct 25, 2020 14:27:03 GMT
FIFA pleased with Court of Appeal ruling
JONATHAN RAMNANANSINGH 18 HRS AGO Infantion AKA Crookatino FIFA welcomed the decision taken by the TT Court of Appeal, on Friday, which ruled that the former leadership of the TT Football Association (TTFA) acted unlawfully by appealing to a local court to contest the appointment of a normalisation committee to run the fraternity’s daily affairs. The decision was delivered by Chief Justice Ivor Archie and Justice of Appeal Nolan Bereaux, who overturned two rulings of the TT High Court, delivered in August and October, on the local court’s jurisdiction to hear TTFA’s complaint and its challenge of the imposition of the normalisation committee, in March. Both appellate court judges agreed that the filing of proceedings in the local courts by TTFA’s president William Wallace and his executive was a breach of the local football body’s constitution which provides that any dispute against a decision by FIFA must be heard by the CAS. As a result of their decision, Justice Carol Gobin’s ruling, which deemed the removal of Wallace’s executive illegal and the appointment of a normalisation committee inconsistent with the provisions of the TTFA Act of 1982, was “set aside.” Gobin was also faulted for refusing to stay the proceedings before her so that the matter could be resolved at the CAS. FIFA’s statement read, “Among other relevant legal considerations, the Court of Appeal stressed that in accordance with the TTFA statutes and the FIFA statutes, the Court of Arbitration for Sports (CAS) is the proper forum to resolve such dispute. “The ruling, which has been served to the parties yesterday (Friday), fully recognises the established global football governance structure, which relies on the CAS as the exclusive internationally recognised tribunal for the resolution of sports-related disputes.” The normalisation committee, which was headed by businessman Robert Hadad, was installed in TT by a decision of the FIFA Council after it was established that the former leadership of the TTFA had engaged in various acts of serious mismanagement. The removed Wallace executive then lodged a claim before the local courts in order to contest the decision of the FIFA Council. FIFA, again, reminded Wallace that if his slate wishes to dispute Friday’s decision in the Court of Appeal, CAS remains their only legitimate avenue to do so. It concluded, “Yesterday’s (Friday) decision of the Court of Appeal overturns the first-instance decision of the local court and concludes that, should the former leadership of TTFA wish to dispute the appointment of the normalisation committee it should appeal to CAS.”
|
|
|
Post by Admin on Oct 26, 2020 3:40:02 GMT
TTFA v FIFA: What the Court of Appeal found
by Sports Desk 19 hours ago Mon Oct 26 2020 guardian.co.tt/sports/ttfa-v-fifa-what-the-court-of-appeal-found-6.2.1239170.0a20b707adUnited TTFA Team of president William Wallace, third from left, is flanked by Keith Look Loy, left - TTSL Board member, Joseph Sam Phillip- vice president, Clynt Taylor- his first vice president at right, Anthony Harford- president of the NFA, second from right, Susan Joseph-Warrick, second vice president, at November 2019 Breakfast Launch for their slate. Delivering a judgement during a virtual hearing of Firday, Chief Justice Ivor Archie and Appellate Judge Nolan Bereaux ruled that the lawsuit, brought by embattled TTFA president William Wallace and his United TTFA executive team, contravened the TTFA's constitution. The decision means that FIFA is now free to reintroduce the normalisation committee (NC) which replaced Wallace and his three vice presidents — Clynt Taylor, Joseph Sam Phillips, and Susan Joseph-Warrick (resigned) on March 17. The The eleced executives were contending that the NC installed on March 27 by FIFA “was unwarranted and indefensible” and also “made in bad faith and for an improper and illegal motive”. DECISION Chief justice Ivor Archie 1. I have had the benefit of reading the judgment of Bereaux, J.A. in this matter and I agree with his reasoning and conclusions. Accordingly, I too would allow the appeal and set aside the decisions and declarations of the learned judge at first instance. It would also follow that the TTFA must pay FIFA’s costs. However, this court – having rendered its decision – I wish to make some observations about the manner in which this case has been managed. 2. Service of originating documents, unless unequivocally waived, is a pre-requisite to the progression of proceedings. As any experienced practitioner will know, service of originating process is an arcane area of procedural law that is littered with pitfalls. Many a claim has floundered at the first hurdle. This is merely the latest example. Having come to the conclusion that the service was unlawful, quite apart from the other reasons set out in the judgment of my learned brother, we have no choice but to allow this appeal. 3. As Mendonca J.A. opined in Gomes v Nunez, (see para 33), the Civil Procedure Rules are a complete, self-contained scheme for the management of civil litigation. There is no inherent power in the Court to invent a process that is outside the contemplation of the Rules and then to direct a party to employ it. That is a recipe for chaos. Permitting it to stand would only further complicate an already difficult area of the law as there would be no guardrails for the purported exercise of any such discretion. 4. Owing to the particular primary challenge mounted by FIFA, it would have been wiser to let the challenge to service be determined, particularly in the context of a pending appeal. It was neither prudent case management nor an economical deployment of judicial time and resources to attempt to finally determine the substantive issues and to deliver a judgment less than a week before the scheduled hearing of the interlocutory appeal. The foreseeable result is that we must now set aside the declarations granted below. 5. While we are aware that the filing of an appeal against a final decision does not entitle the unsuccessful party to a stay, deeper consideration must be given in circumstances like this where, depending on the outcome of the appeal, the effort expended would have been in vain and the appellate court may be obliged to reverse any decision. Zeal is commendable but it must not obscure the need for caution. I trust that, in future, Courts at first instance will be guided accordingly. Summary of decision Nolan P.G Bereaux Justice of Appeal The appeal is allowed for the reasons given at paragraphs i, iii and iv below: i. The filing of these proceedings was a breach of Article 67 of TTFA’s Constitution by which the TTFA is bound. Section 67 is unambiguous. Any appeal against a final and binding decision passed by FIFA shall be heard by CAS. The filing of these proceedings was therefore ultra vires Article 67, null, void and of no effect and must be struck out. ii. There is no evidence that William Wallace was not authorised by the Board to bring this action. That there cannot therefore be established. iii. The judge was plainly wrong in refusing to stay these proceedings in favour of arbitration before the CAS. The Court of Appeal is entitled to look at the matter afresh. FIFA has met the threshold requirements which trigger the court’s discretion under section 7 of the Arbitration Act Chapter 5:01. I am satisfied that there was no reason why the matter should not have been referred to arbitration and that FIFA was ready, willing and able to conduct the arbitration. iv. The purported service of proceedings by e-mail was a breach of the laws of Switzerland. Consequently, it was a breach of Part 7.8(2) of the Civil Proceedings Rules 1998 (CPR) which expressly provides that neither Part 7.8 nor any court order authorises any person to do anything in the country in which the court order is to be served, which is in breach of the law of that county. Because service of process by e- mail is illegal in Switzerland, any such service is void and therefore a nullity. It was also a breach of Part 7. 6(2)(b) of the CPR. Analysis Nolan P.G Bereaux Justice of Appeal iv. On a proper review of the evidence, FIFA’s refusal to pay the advance costs of the arbitration did not amount to a lack of readiness or an unwillingness to properly conduct the appeal. As Mr. Palacios explained, it was FIFA’s practice, in conducting its arbitrations, not to pay advance costs because of the large numbers of arbitrations in which it is involved. Other than that, FIFA had proceeded to nominate one of the three arbitrators required for the conduct of the arbitration. Issue ii – Did the President, William Wallace, have the authority to bring these proceedings? 31. Mr. Hamel-Smith submitted that he did not. He contended that under the TTFA’s Constitution, that authority resided in the board of directors as a whole and there was nothing in the evidence to suggest that such authority had been obtained. Certainly we would expect that any action taken by a corporate person will first have had the sanction of its board of directors. But there is nothing in the evidence to suggest that Mr. Wallace did not have the authority. Issue iii – Should these proceedings have been stayed in favour of arbitration? 32. Had I come to another conclusion on the vires of the TTFA’s institution of these proceedings the appellant would have been entitled to a stay of these proceedings under section 7 of the Arbitration Act Chapter 5:01 or under the courts inherent jurisdiction. I shall address only the section 7 power in this appeal. Section 7 provides: “If any party to an arbitration agreement, or any person claiming through or under him, commences any legal proceedings in the Court against any other party to the arbitration agreement, or any person claiming through or under him, in respect of any matter agreed to be referred, any party to such legal proceedings may, at any time after appearance and before delivering any pleadings or taking any other steps in the proceedings, apply to the Court to stay the proceedings, and the Court, if satisfied that there is no sufficient reason why the matter should not be referred in accordance with the arbitration agreement, and that the applicant was, at the time when the proceedings were commenced, and still remains, ready and willing to do all things necessary to the proper conduct of the arbitration, may make an order staying the proceedings.” 37. Dr. Crowne submitted that FIFA’s refusal to pay the advance costs of the arbitration rendered the costs of the arbitration prohibitive and the arbitration agreement inoperable. The evidence in this regard showed that by letter dated 30th April, 2020 CAS informed TTFA of FIFA’s policy of not paying advance costs and then called upon the respondent to pay the entire upfront fee. In the context of an already financially straitened organisation, such a request did seem to me to be highly unreasonable. My concern was heightened when I read Article 64(2) of the Statutes of the Bodies Working for the Settlement of Sports Related Disputes (which govern CAS arbitrations it appears) which was used by CAS to justify TTFA paying the entire amount of upfront costs. There was no basis under that provision for calling on the TTFA to pay the entire sum. Dr. Crowne submitted that calling upon the TTFA to pay that exorbitant sum was unconscionable and rendered the agreement unenforceable. He relied on the decision in Uber Technologies Inc v Heller 2020 SCC 16, in which a majority of the Canada Supreme Court held such a clause to be unconscionable and unenforceable in circumstances where the upfront costs to arbitrate a claim against Uber was equal to all or most of the gross annual income of the claimant working full time as an Uber driver. There is no question of unconscionability here. That case is distinguishable. The facts of this case are nowhere as extreme. FIFA in any event recanted its position and was prepared to pay its upfront costs. Order Nolan P.G Bereaux Justice of Appeal 50. I would therefore formally order as follows: (i) The appeal is allowed. The decision of Gobin J dated 13th August, 2020 is set aside. (ii) The decision of Gobin J dated 13th October, 2020 is set aside. The order granting declarations therein is quashed. (iii) The costs of this appeal must follow the event. The TTFA therefore shall pay the appellant’s costs of the application in the High Court, certified fit for one senior and one junior attorney-at-law. (iv) The TTFA shall also pay the appellant’s costs of this appeal which shall be two thirds of the costs assessed in the High Court. Appearances: C. Hamel-Smith SC, J. Walker instructed by C. Gopie, Attorneys-at-law, for the Appellant Dr. E. Crowne, M. Gayle instructed by J. Jones and C. Paul, Attorneys-at-law, for the Respondent Editor's Note: The above represents selected portions taken from the 23-page judgment delivered on October 23, 2020 by the Court of Appeal. Tagged in:
|
|
|
Post by Admin on Oct 27, 2020 7:33:48 GMT
Hadad waits on FIFA newsday.co.tt/2020/10/27/hadad-waits-on-fifa/NORMALISATION committee chairman Robert Hadad has sent the TT Football Association (TTFA) membership letter, which states their willingness to accept the normalisation committee, to FIFA. On Sunday, Richard Ferguson on behalf of the TTFA membership, sent the letter to Hadad. On Monday, in a Whatsapp message to Newsday, Hadad said he forwarded the letter to FIFA. “Yes I have forwarded the request and waiting on a reply.” On Monday, Hadad also responded to the TTFA membership letter, saying, “The normalisation committee will discuss these matters with FIFA and Concacaf.” On Sunday, at an Extraordinary General Meeting (EGM), the majority of the TTFA membership voted to accept the normalisation committee to run local football. In doing so, they hope to remove William Wallace and vice presidents Clynt Taylor and Sam Phillip (United TTFA) from office. Since March, Wallace and his team have been in a battle against FIFA concerning the world football body’s decision to replace the United TTFA and appoint the normalisation committee. At the EGM, a total of 33 members were in favour of accepting the normalisation committee, while two members decided not to vote. Santa Rosa FC and a Tobago Football Association representative did not vote. Three delegates did not respond when called upon. The EGM was chaired by Ferguson. It was the second defeat in three days for Wallace after the Court of Appeal overturned Justice Carol Gobin’s High Court decision which stated FIFA acted illegally in removing Wallace’s executive. Ferguson, in the letter to Hadad, said the way forward is “for the TTFA to fully comply with its obligation as a member of FIFA, recognising the legitimacy of the FIFA-appointed normalisation committee, and bringing its own statutes in line with the FIFA statutes.” The TTFA membership letter also gave their commitment “to fully cooperate with the normalisation committee in the fulfilment of its mandate as stated in FIFA’s letter of March 17, 2020” and “be it further resolved that all court matters existing between the TTFA and FIFA shall be immediately brought to a stop.” The motion was tabled by Osmond Downer, one of the delegates of the TT Football Referees Association, and was seconded by Keith Jeffrey of Central FC. The TTFA members also said they regret what transpired over the past year. “Let me take this opportunity to humbly apologize to you, the other members of the normalisation committee, FIFA, Concacaf and CFU (Caribbean Football Union) for any embarrassment and inconvenience caused by TTFA representatives over the last year. I also hope that a strong positive relationship can be re-established as we move forward for the betterment of football in TT.” After the EGM, Wallace told Newsday he expected the outcome of the meeting. “There (are) no surprises. Basically this is what the membership has been saying,” he said. Wallace said it will not be necessary for him to officially resign. “The point about resignation may be very moot simply because once the normalisation committee is recognised and accepted, it means that there will be no need for a resignation. Once that occurs there will be no need to resign from anything because the normalisation committee would automatically replace the officer.”
|
|
|
Post by Admin on Oct 27, 2020 22:50:40 GMT
|
|