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IMO, it shouldn't matter whether or not Celtic were aware or not of Bolingoli's eligibility for the match. They picked him for a match he shouldn't have played in and should therefore face the consequences whatever the governing bodies decide these to be.

It wasn't so long ago that Celtic benefitted from their opposition fielding an ineligible player. (https://www.bbc.co.uk/sport/football/28701951#:~:text=Celtic have been reinstated to,was supposed to be suspended.)

This incident also raises the same questions like 'why would the team risk their season to bring someone on for a few mins', however Legia were punished despite it being a mistake / them being unaware of the players eligibility. This also did not pose a public health risk.

 

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1 hour ago, LH31 said:

Rife rumours that Morelos has been in Spain recently with his wife and newborn but not adhered to the quarantine procedure upon his return. 

If that's true then the SPFL will need to wait until it comes out, throw their hands up in horror, and then make sure that their new punishments only start with the NEXT player to transgress.

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On 8/12/2020 at 10:18 PM, killie_billy said:

IMO, it shouldn't matter whether or not Celtic were aware or not of Bolingoli's eligibility for the match. They picked him for a match he shouldn't have played in and should therefore face the consequences whatever the governing bodies decide these to be.

It wasn't so long ago that Celtic benefitted from their opposition fielding an ineligible player. (https://www.bbc.co.uk/sport/football/28701951#:~:text=Celtic have been reinstated to,was supposed to be suspended.)

This incident also raises the same questions like 'why would the team risk their season to bring someone on for a few mins', however Legia were punished despite it being a mistake / them being unaware of the players eligibility. This also did not pose a public health risk.

 

But those two scenarios are quite different. Much like the law, all clubs are assumed and expected to know the rules surrounding player eligibility. In Legia's case, it would have been their responsibility to ensure that all of their players were eligible to play. In Celtic's case, they had no knowledge of the incident before fielding the player. Players still have a degree of control and responsibility over their own lives. You wouldn't want Kilmarnock being penalised for something that an individual player did in what was essentially his own time.

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In any normal industry a breach of health and safety rules by employee would still mean the company would be held accountable. Companies inform employees of the rules (run courses etc.) to mitigate the number of breaches but they are still ultimately accountable.

All clubs should have informed all staff what is required of them, club is accountable, how they deal with player or employee is up to them.

Any disciplinary sanctions on players clubs must be football related not community service.

 

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Celtic were testing their players, at least as frequently as the protocol required. All were negative.

Players had been given days off and told not to leave Glasgow, reportedly.

In the absence of a positive test, would it have been reasonable to expect them to have confirmed that no players should have been in quarantine? What if Bolongoli had lied?

The SPFL regulations state that "A Club participating in an Official Match must ensure that those of its Players Playing in the match are eligible to Play in such match".

It goes on to say that "Any Club which

(i) Plays a Player who is not eligible to Play;

(ii) Plays a Player in circumstances which are not in accordance with the Rules and/or Regulations; and/or

(iii) applies to Scottish FA Register a Player without the consent of the Board where such consent is required by the Rules or Regulations,

shall be in breach of these Regulations".

Was Bolingoli ineligible as the result of a rule or regulation having been broken?

It doesn't seem that the SPFL rules and regulations stipulate any grounds for ineligibility other than through registration, cup-tying or suspension anomalies.

They have not considered, for example, breach of government quarantine rules, unless you regard that "A Club participating in an Official Match must ensure that those of its Players Playing in the match are eligible to Play in such match" is an umbrella strict liability.

It would be an onerous one as it would require a club to satisfy itself that a player might not be eligible to play through, for example, being an illegal alien, or an escaped prisoner etc. 

But would it be reasonable to have expected Celtic to have verified before selection that none of the available players had broken the instructions? It would only have taken as long as it took to tell them not to leave Glasgow.

 

Edited by skygod
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6 minutes ago, skygod said:

Celtic were testing their players, at least as frequently as the protocol required. All were negative.

Players had been given days off and told not to leave Glasgow, reportedly.

In the absence of a positive test, would it have been reasonable to expect them to have confirmed that no players should have been in quarantine? What if Bolongoli had lied?

The SPFL regulations state that "A Club participating in an Official Match must ensure that those of its Players Playing in the match are eligible to Play in such match".

It goes on to say that "Any Club which

(i) Plays a Player who is not eligible to Play;

(ii) Plays a Player in circumstances which are not in accordance with the Rules and/or Regulations; and/or

(iii) applies to Scottish FA Register a Player without the consent of the Board where such consent is required by the Rules or Regulations,

shall be in breach of these Regulations".

Was Bolingoli ineligible as the result of a rule or regulation having been broken?

It doesn't seem that the SPFL rules and regulations stipulate any grounds for ineligibility other than through registration, cup-tying or suspension anomalies.

They have not considered, for example, breach of government quarantine rules, unless you regard that "A Club participating in an Official Match must ensure that those of its Players Playing in the match are eligible to Play in such match" as an umbrella strict liability.

Which seems a reasonable view to take, as it would be impossible to specify all circumstances why a player might not be eligible to play - he is an illegal alien, is an escaped prisoner etc. 

So, would it be reasonable to have expected Celtic to have verified before selection that none of the available players had broken the instructions? It would only have taken as long as it took to tell them not to leave Glasgow.

 

 

 

 

Agree with all of this. Of course the SFA could have said that anyone who broke COVID rules would be considered ineligible given the umpteen confused announcements they have been making during the current events....

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On 8/13/2020 at 7:29 AM, killie billies pal said:

I am no lover of Celtic or Lennon but there’s no way they brought on that lump of wood knowing he had been out the country.

Question for FM, would you shut down every supermarket in Scotland if one person was to go to Spain for a day then return to work? 

Supermarkets are essential for the daily life of the country. Scottish football is a non-essential entertainment industry. If it becomes a danger to the wider public health then there's no reason why it can't be stopped. 

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Notices of Complaint

Friday 14 August 2020

Alleged Parties in Breach: Jonny Hayes, Scott McKenna, Sam Cosgrove, Craig Bryson, Bruce Anderson, Dylan McGeouch, Matty Kennedy and Michael Devlin (Aberdeen FC).

Boli Bolingoli-Mbombo (Celtic FC).

Disciplinary Rules allegedly breached:

Disciplinary Rule 24 – A recognised football body, club, official, Team Official or other member of Team Staff, player, match official or other person under the jurisdiction of the Scottish FA shall be subject to and shall comply with the Articles, the Laws of the Game and the rules, procedures and regulations, bye-laws and Decisions of the Scottish FA.

Disciplinary Rule 71 – No recognised football body, club, official, Team Official or other member of Team Staff, player, match official, or other person under the jurisdiction of the Scottish FA shall bring the game into disrepute.

Principal hearing date: Friday, 28 August 2020

 

SPFL Disciplinary Proceedings - Aberdeen FC and Celtic FC

Following investigation, the SPFL has opened separate disciplinary proceedings against each of Aberdeen FC and Celtic FC for alleged breaches of the SPFL’s Covid-19 – Requirements and Testing Regulation.

There will be no further comment pending the outcome of these disciplinary proceedings.

 

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4 hours ago, Angelo's Ashes said:

Supermarkets are essential for the daily life of the country. Scottish football is a non-essential entertainment industry. If it becomes a danger to the wider public health then there's no reason why it can't be stopped. 

So? Basically Supermarkets can charge on regardless of any breach?

Im old enough to remember that they are not essential, they’ve just tricked everyone into believing that.

i believe the damage to this country by a further shutdown of football will be more than severe, the game is more than just a sport, it’s a national institution, I am sure I read that the FM wanted to be more penal and was advised against the backlash. She did well to listen.

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  • 2 weeks later...

That’s a real kick in the teeth to the teams who’ve abided by the rules and been unfairly disadvantaged while the Sheep put their feet up. No need to suspend the punishment as a 3 game ban for each of them is fully merited.

I’m still surprised they weren’t made to fulfil or forego the allotted fixtures. They in effect had 8 unavailable players and the rest of the squad repeatedly tested negative so had plenty players to play. SFA & SPFL between them have bottled this case from beginning to end.  

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5 hours ago, Pompey Exile said:

Bolingoli given 3 game ban.

Aberdeen 8 given 3 game suspend-ban.

Once again they SPFL bottle it and the teams due to play them, that have had their matches rearranged, get punished.

Disgraceful and entirely predictable. Macinness’s comments were disgusting but no more than we have come to expect from the man. Naivety my arse. More like arrogant, selfish and ignorant. 

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