[LU] HAY: Points challenge right – regardless of outcome

[John Boocock]

http://www.yorkshireeveningpost.co.uk/leedsunited/HAY-Points-challenge-right-.3996683.jp

HAY: Points challenge right – regardless of outcome

By Phil Hay
Inside Elland Road

One of Ken Bates' fundamental concerns about the treatment of Leeds 
United by the Football League and its members was the degree to which 
the club's 15-point penalty was founded on ignorance.
His suspicions surrounded the appeal hearing on August 9, when the 
representatives of 65 clubs voted to support the Football League's 
sanction against Leeds.

An overwhelming majority it might have been, but how many chairmen or 
chief executives entered the ballot with a full understanding of the 
facts of the case, Bates asked?

There was then, as there is now, a vast amount of information to digest 
– as shown by the prospect of the arbitrational review of United's 
penalty slipping into next week and a fourth day – and while certain 
individuals must have considered the case closely, others may have 
lacked the time or the inclination to gain a full grasp of the argument 
between Leeds and the Football League.

The 15-point deduction was announced on August 3, leaving six days until 
the appeal hearing for the facts to sink in.

The assembled crowd were addressed by both parties on August 9, but as 
one club chairman said to me at the time: "I can't really comment on 
whether Leeds deserved their punishment. I've got enough to deal with 
keeping my own club in order." You also have to bear in mind that the 
season was due to begin just 48 hours later.

United's arbitration is a contentious subject of conversation and 
several individuals have had their say this week, not all with the 
eloquence required to dismiss Bates' suggestion that the club's appeal 
in August was heard by an assembly whose lack of understanding was palpable.

Reflecting on the possibility that Leeds will regain their 15 points, 
Doncaster Rovers chairman John Ryan – who is not thought to have 
attended the appeal hearing personally – said: "What would happen next? 
Would Bournemouth, Luton, Rotherham – all the other teams that have lost 
10 points – take on the Football League? I think it's a nonsense."

Ryan is understandably concerned by the idea that League One might 
change irrevocably on the say-so of a three-man legal panel, but his 
comments are missing the point and serve only to muddy the waters.

Bournemouth, Luton and Rotherham are irrelevant factors in the debate 
over whether Leeds deserved their 15-point penalty. All three clubs were 
deducted 10 points on entering administration, as Leeds were last 
summer, but none have received the subsequent 15-point punishment which 
was imposed on United and – to date – remains unprecedented.

Bournemouth and Luton will be in danger of a second penalty if, as seems 
probable, both clubs leave administration without a Company Voluntary 
Arrangement (CVA), the perceived crime for which Leeds were punished.

But the Football League will not make a judgement on either club until 
it is first determined whether their treatment of United was lawful.
Put simply, Bournemouth, Luton and Rotherham might see grounds on which 
they could challenge the deductions imposed on them, but their arguments 
would be alien to that of Leeds.

A 10-point deduction for entering administration was a sanction agreed 
by the Football League's members; whether the League have the power to 
impose a second sanction on clubs who fail to agree a CVA is a moot 
point, and the essence of the debate which is taking place in London 
this week. Given that an increasing number of insolvent clubs are 
struggling to implement CVAs, it is clearly a debate worth having.

The fact remains that Leeds were not docked 15 points. They were docked 25.

It can be argued with some justification that they exploited a loophole 
by incurring their initial 10-point hit when already relegated last 
season, but loopholes are there to be exploited and – ultimately – closed.

Speaking this week, Carlisle United's manager, John Ward, said: 
"Everyone has known the situation from day one and Leeds have even used 
it as a big incentive themselves. For me, Leeds should probably leave it."

Ward is a likeable character, and his comments could not be construed as 
malicious. But it is important to take issue with his last point.

Why should Leeds forego 15 points without first exhausting their claim 
that the penalty was unfair? And how credible is a competition where a 
club who have won 24 matches and accrued 82 points are seated in sixth 
place?

In the event that the Football League's decision is overturned, the 
nonsense of the whole scenario will be United's lowly league position.