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Motherwell Match Forfeit - Appeal Successful


Allan

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Has some sort of precedent been set here? Apparently as we could not fulfil a fixture we were guilty and as such forfeited the game 3-0. At the moment it’s because of Covid but what in the future is to stop the SPFL from making teams forfeit a game due to their pitch being unplayable? As the pitch was unplayable that fixture could not be fulfilled. As much as clubs can’t stop the weather, they are supposed to have procedures in place to protect their pitches. Same as clubs can’t stop the virus but are supposed to have procedures in place. 

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1 hour ago, Riccarton Bluebell said:

Has some sort of precedent been set here? Apparently as we could not fulfil a fixture we were guilty and as such forfeited the game 3-0. At the moment it’s because of Covid but what in the future is to stop the SPFL from making teams forfeit a game due to their pitch being unplayable? As the pitch was unplayable that fixture could not be fulfilled. As much as clubs can’t stop the weather, they are supposed to have procedures in place to protect their pitches. Same as clubs can’t stop the virus but are supposed to have procedures in place. 

Wank face Doncaster has already been at pains to say no precedent has been set. That is to give him the right to reach a different decision if ‘more important’ clubs transgress. 

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42 minutes ago, KenVaagen1984 said:

Wank face Doncaster has already been at pains to say no precedent has been set. That is to give him the right to reach a different decision if ‘more important’ clubs transgress. 

And when he does thats when the club needs to grow a pair and go after this f**king charlatan   and the charade that masquerades as the SPFL.

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3 hours ago, Riccarton Bluebell said:

Has some sort of precedent been set here? Apparently as we could not fulfil a fixture we were guilty and as such forfeited the game 3-0. At the moment it’s because of Covid but what in the future is to stop the SPFL from making teams forfeit a game due to their pitch being unplayable? As the pitch was unplayable that fixture could not be fulfilled. As much as clubs can’t stop the weather, they are supposed to have procedures in place to protect their pitches. Same as clubs can’t stop the virus but are supposed to have procedures in place. 

If that happens we are in a good position. A few grass pitches are going to be in a mess this season with no winter break and fixtures building up in December and January. Killie will have played twelve games from the start of December until the end of January, other clubs playing on grass will face the same schedule. 

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9 hours ago, Riccarton Bluebell said:

.... but what in the future is to stop the SPFL from making teams forfeit a game due to their pitch being unplayable? As the pitch was unplayable that fixture could not be fulfilled. 

 

G5 Each Club shall comply with and play in the relevant fixtures comprised in the fixture schedule determined by the Board and any rescheduled date, time and/or venue determined from time to time by the Board for Official Matches in which the Club is a participant.

 

Non-fulfilment of Fixture Obligations

G53 No Club shall, unless the circumstances of the failure are outside the control of the Club concerned and could not have been reasonably foreseen and reasonably anticipated and remedied prior to the match, fail to fulfil its fixture obligations in respect of any League Match or Play-Off Match on and at the appointed or, as the case may be, rescheduled date, time and venue.

G54 For the purposes of Rules G5 and G53 a representation by a Club that it will not or intends not to fulfil a fixture obligation or that it will do so only subject to a condition or conditions which are or are found to be unacceptable to the Board shall be deemed to be in breach of Rule G5 notwithstanding that the Board has or may have rescheduled or later reschedules the match concerned.

G55 Without prejudice to any other sanctions, which may be imposed for a breach of Rules, a Club failing to fulfil a fixture obligation in terms of Rules G5 and/or G53 shall be liable to pay compensation for any expenses necessarily incurred by the opposing Club as a direct result of the failure. The amount of such compensation will be at the discretion of the Board which will consider every such case on its merits

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3 hours ago, skygod said:

 

G5 Each Club shall comply with and play in the relevant fixtures comprised in the fixture schedule determined by the Board and any rescheduled date, time and/or venue determined from time to time by the Board for Official Matches in which the Club is a participant.

 

Non-fulfilment of Fixture Obligations

G53 No Club shall, unless the circumstances of the failure are outside the control of the Club concerned and could not have been reasonably foreseen and reasonably anticipated and remedied prior to the match, fail to fulfil its fixture obligations in respect of any League Match or Play-Off Match on and at the appointed or, as the case may be, rescheduled date, time and venue.

G54 For the purposes of Rules G5 and G53 a representation by a Club that it will not or intends not to fulfil a fixture obligation or that it will do so only subject to a condition or conditions which are or are found to be unacceptable to the Board shall be deemed to be in breach of Rule G5 notwithstanding that the Board has or may have rescheduled or later reschedules the match concerned.

G55 Without prejudice to any other sanctions, which may be imposed for a breach of Rules, a Club failing to fulfil a fixture obligation in terms of Rules G5 and/or G53 shall be liable to pay compensation for any expenses necessarily incurred by the opposing Club as a direct result of the failure. The amount of such compensation will be at the discretion of the Board which will consider every such case on its merits

If a global pandemic doesn’t qualify as being ‘outside the control of the club’ then God knows what does. 
If there is a War of the Worlds style alien invasion and we miss a game we would no doubt be made to forfeit that as well. 

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41 minutes ago, skygod said:

It's splitting hairs but it's a matter for the SFA as no league fixtures have been affected.

 

And that is what clubs if any will do thier utmost now to make sure or more like cover up..so it doesn’t happen ....even if it means playing reserve or youth players 

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Don't see why we shouldn't appeal, we're not taking them to court just appealing against the game being awarded to Motherwell. There were dates available and there will be dates available for this game to be played. The complication is that Motherwell are involved in both cases which could impact on a date being available. 

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7 minutes ago, GCM said:

According to BBC

The appeal will be heard by the Scottish FA's Judicial Panel Appellate Tribunal.

No SPFL (direct) involvement so we're in with a slightly better chance. However the press so far have seemed to have backed, or at least accepted, the decision so a lot less pressure to overturn it.

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I'd be challenging the spurious assertion that the game couldn't have been rescheduled. There are dates that have already passed where it could have been accommodated, onus on SPFL to mitigate outcome, and there are precedents where fixture congestion has required multiple games to be played in a short period.

The endangerment line is also spurious rhetoric as to play a rescheduled game would be of no lesser or greater risk than the original fixture. Fixture dates are routinely moved for TV and trips to Dubai, so what is the difference?

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Not sure what I think about this. Wouldn't be surprised if we now get hit with an SPFL "bringing the game into disrepute" charge which is what they normally do if their authority is challenged by a diddy team. Fairly sure I remember twat-face saying their was no right of appeal to SPFL, which presumably is why this appeal is to SFA and not SPFL??

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17 minutes ago, KenVaagen1984 said:

Not sure what I think about this. Wouldn't be surprised if we now get hit with an SPFL "bringing the game into disrepute" charge which is what they normally do if their authority is challenged by a diddy team. Fairly sure I remember twat-face saying their was no right of appeal to SPFL, which presumably is why this appeal is to SFA and not SPFL??

And if no luck here we should look to be taking it to CAS....

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