The mangled myth of the club from Ibrox was ridiculed at the Court of Session in Edinburgh yesterday as Mike Ashley’s legal team challenged the SFA over a £1,000 fine imposed on the Sports Direct owner.
Ashley was allowed to have a shareholding of less than 10% under the secretive Five Way Agreement of 2012 which granted the Sevco club the strange status of ‘conditional’ SFA membership. As part of that deal Ashley was prevented from having an influence in the management of the club with the SFA imposing a fine following the appointment of Derek Llambias to the board.
Ashley’s defence claimed that the former Newcastle chief executive was appointed directly by the club, in court Mr Sandison QC for Ashley stated: “Mr Ashley is not, never has been and is not eligible to be, a member of the SFA. Mr Ashley could not be subject to any obligations of the SFA.
“He owns 8% of a company that owns shares in another company, that is not an interest in a football club. This is not the approach of a corporate lawyer, it is the approach of any lawyer.
“These matters are not legal fictions they are the law. There is no ‘club’ separate from Rangers Football Club limited and no other concept of a club.”
QC O’Neil for the SFA attempted to explain the concept of a club that is being liquidated returning to membership of the SFA under a new guise.
Judge Lord Brodie asked O’Neil: “Are you saying we should identify the notion of Rangers Football Club as a philosophical idea?”
Later on as O’Neil QC continued digging a hole Lord Brodie inquired as to what a “reasonable bystander would think?” O’Neil for the SFA responded “The opinion of a reasonable bystander is not relevant.”
O’Neil added that: “A judicial review is not a place for detailed evidence.”
Lord Brodie replied with: “The argument against you is that there is no evidence.”
The current case is separate to the Judicial Review that has been called by Ashley for the SFA to justify their decision to grant South African based criminal Dave King fit and proper status to become a director at Ibrox.
Since King’s arrival on board the troubled football company have been booted off the Alternative Investment Market making shares virtually worthless.
CLICK HERE to follow the legal gymnastics thanks to James Doleman.
