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Motherwell Match Forfeit - Appeal Successful


Allan

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In fairness though @skygod - that is the offence, not the punishment. That the match couldn't go ahead was taken into consideration in the reasoning for arriving at that punishment. 

 

"We consider that a playing sanction is proportionate in these circumstances because a match was lost 
(or postponed) due to the fact that the club was unable to fulfil its fixture with Motherwell FC as it had 
insufficient players fulfil that fixture." 

Edited by mitch14
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Hibs just released a atatement saying they asked Celtic to conduct further test on their players today. Celtic refused. 

Hibs said that SPFL told them there would be severe consequences if they didn't play game.

SPFL once again proves it just isnt fit for purpose. 

Interesting to see what Jack Ross says on this one. 

 

 

 

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40 minutes ago, skygod said:

It was handed out because we committed breaches of the Regulations.

It couldn't be clearer: "It was alleged that Kilmarnock FC had breached the SPFL’s Covid-19 Regulations...."

If it was for failure to fulfil a fixture we would have been charged under Rule G53.5.

"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."

From the Powers of the Board and Commissions, the tribunal imposed a fine under Rule J16.3 and, under J16.7, to "award an Official Match (with such deemed score as it thinks appropriate) to a Club".

 

Here is Annexe 11 of the SPFL Rules and Regulations which contains the Covid 19 regulations:

Annex 11 Covid 19 - Requirements and Testing Regulation

This Regulation is made by the Board pursuant to the powers of the Board comprised in the Articles and Rules and, without prejudice to the forgoing generality, Articles 103.1, 103.2, 103.4, 103.7 and 103.9.

Further, and in any event, the circumstances of the Coronavirus pandemic and the dangers to human health and wellbeing of Covid-19 (together Coronavirus and Covid-19 are herein referred to as “the disease”) are such that it is appropriate that the Board imposes the requirements and makes the directions set out herein, and that such requirements and directions, as may be amended from time to time by the Board, shall continue and remain in effect for so long as it is considered by the Board that it is appropriate so to do.

1. Social Distancing and Hygiene Principles

In general, social distancing within stadia is considered the most effective way to minimise the risk of transmitting the disease together with hygiene best practices such as regular hand-washing.

At all Official Matches, a two metres social distance must be respected within the stadium at all times, and in no case less than the guidance from time to time recommended by the Scottish Government.

Strict distancing measures must be applied between the teams and officials as well as all other groups of persons involved at the stadium. Home Clubs must ensure that all Scottish Government, Health Authorities, Licensing Authorities and Scottish FA compulsory and recommended measures and procedures relating to or concerning the disease are put in place, are maintained and are complied with on the occasion of an Official Match at its Home Ground.

2. Matches Behind Closed Doors or with Limited Attendance

If an Official Match is ‘played behind closed doors’, the Home Club must ensure that no member of the general public may be admitted to the stadium.

Only officials, persons with a working function and accredited media/journalists are permitted to be in the stadium. The total number of persons (teams, officials and working staff) permitted to be in the entire stadium premises at one time may be limited depending on several factors, including:

a) any regulatory restrictions or limits applied to the event;

b) the size of the stadium (affects stewarding and technical staff members in particular);

c) the scale of the broadcast operation; 

d) the space available to media; and

e) any persons or groups of persons who may be authorised by the regulatory and/or licensing authorities, the Company and/or the Scottish FA to be present in the stadium. This includes a limited number or percentage of supporters and other persons in attendance for the principal purpose of viewing the Official Match, as permitted by the Scottish Government, in which case the Official match shall be a limited attendance match and all of the provisions of this Regulation shall continue to apply. The staffing level must be adapted to stadium layout and competition needs. In all cases, the number of staff required to operate the stadium, organise the match and deliver the commercial and broadcast obligations must be limited to the minimum necessary whilst still complying with the stadium safety certificate. It being recognised that the numbers of such persons so present will rise where there is a higher number of persons present as provided in e) above.

3. Testing

3.1 It is recognised that social distancing and other infection prevention measures may not be possible in all circumstances, not least between the opposing team players during an Official Match as well as between a teams of players and technical staff of the same Club. For this reason, the Scottish FA has implemented a rigorous Testing (defined below) programme to increase security and confidence for everyone involved in football in Scotland. All Clubs must comply with the Testing, social distancing and other infection prevention and control measures specified from time to time by the Scottish FA. The provisions of the following Regulations are concerned with the specific requirements and procedures relating to sample collection, Testing and results management during the period prior to and at an Official Match (“relevant Official Match”).

3.2 Testing Type and Definition To ensure the highest testing quality for the Disease, each member of the Target Groups 1 & 2, set out in Regulation 3.5, for each relevant Official Match, must be subject to SARS-CoV-2-RNA (nasopharyngeal and oropharyngeal swab + PCR) tests. A positive test is defined by detection of particles of viral RNA (genes) (“Testing” and the words “Test”, “Tested” and the like shall be so understood).

3.3 Sample Collection and Laboratory Diagnostics Service Providers Each Club must appoint one or more laboratory diagnostics service provider(s) (“Testing Service Provider(s)”) as the entity(ies) in charge of Testing for relevant Official Matches in which the Club is a participant. Each Club may collect or make arrangements for the collection of samples and the onward transmission on its behalf, except where samples are collected and/or transported by a relevant Testing Service Provider, of collected samples to the relevant Testing Service  Provider.

3.4 Each member of Target Groups 1 & 2 must comply at all times with the instructions of its Club and of the relevant Testing Service Provider in relation to the implementation of efficient procedures for sample collection, sample delivery, analysis of samples and results management.

3.5 Target Groups Each Club must ensure that all of the members of each of Target Groups 1 & 2 are subject to sample collection and Testing in accordance with these Regulations, in advance of each relevant Official Match: Target Group 1: all Players potentially participating in the relevant Official Match which as a minimum includes all Players listed or who may be listed on the Scottish Professional Football League - Match Information Form for each Club which is a participant in the relevant Official Match. This includes all Players in attendance for a participating Club at the relevant Official Match, whether intended or not intended to be a participant in the relevant Official Match. Target Group 2: Club football, technical and operational staff such as managers, coaches, assistants, physiotherapists, doctors, other persons who may, as part of their work duties on the occasion of a relevant Official Match, have physical contact with or be within 2 metres of a Player participating in such relevant Official Match, (together the “Target Groups 1 & 2”)

3.6 Testing Prior to an Official Match Each Club participating in an Official Match must ensure that those persons present at an Official Match in Target Groups 1 & 2 have provided a sample for Testing within the 168 hours preceding the scheduled kick-off of the relevant Official Match, which has subsequently Tested negative, with no later positive Test result. For example, if the relevant Official Match is scheduled to kick-off on a Saturday at 3pm, then the sample collection for Testing of Target Groups 1 & 2 for that relevant Official Match must have taken place not earlier than 3pm on the immediately preceding Saturday, for a Sunday kick-off at 3pm the earliest date and time for sample collection is the immediately preceding Sunday at 3pm, and, if the relevant Official Match is scheduled to kick-off on a Wednesday at 7.45pm, then the sample collection for Testing of Target Groups 1 & 2 for that relevant Official Match must have taken place not earlier than 7.45pm on the immediately preceding Wednesday. 

4. Official Match Testing Schedule and Results.

Each Club intending to participate and participating in a relevant Official Match must:

4.1 ensure, that those persons comprised in each of Target Groups 1 & 2 are each Tested in accordance with Regulations 3.5 and 3.6 above and that their respective Test results are made available as set out in Regulations 4.3 to 4.5 (inclusive):

4.2 ensure that there is the time and resources required to organise and implement the sample collection, delivery logistics, Testing and to deliver copies of the results to the persons and parties referred to in this Regulation 4, all on and by the days and times specified in Regulations 4.3 to 4.5 (inclusive), 5.2 and 5.3;

4.3 send to the Company, by not later than 12 noon on the day two days immediately preceding the day of the relevant Official Match, e.g. for a relevant Official Match scheduled to kick-off on a Saturday not later than noon on the immediately preceding Thursday, copies of each and all of the individualised negative Test results for the sample collection and Testing required by Regulations 3.5 and 3.6, in the form provided, by the relevant Testing Service Provider to the relevant Club, of all the persons comprised in Target Groups 1 & 2 for the Club concerned in relation to the relevant Official Match, which results must specify the date and time of sample collection in the case of each individual Tested;

4.4 procure that each of the Company and the Scottish FA are provided, on written request, and in not more than 24 hours from receipt by the Club of such a request from either of them, with copies of each and all or specified individuals or groups of individuals, of individualised negative and positive Test results which results must specify the date and time of each relevant sample collection, in the form provided by the relevant Testing Service Provider to the Club, of each and all, or otherwise as may be specified, of the persons at or connected with such Club who have been so Tested; and

4.5 procure that the Scottish FA is advised by telephone call or text or equivalent messaging system, to a senior official of the Scottish FA, with a copy of the relevant individualised positive Test result, in the form provided by the relevant Testing Service Provider to the Club, to follow as soon as possible thereafter, immediately on being advised by and on receipt by the relevant Club, of a positive Test result detected and reported by the relevant Club’s Testing arrangements.

5. Management of Test Results

5.1 In view of the pandemic circumstances, to safeguard the health of all persons involved in Official Matches and the general public, only those persons in Target Groups 1 & 2 who have provided a sample for Testing within the 168 hours preceding the scheduled kick-off of the relevant Official Match, which has subsequently Tested negative, with no later positive Test result, may travel to, attend at or take part in an Official Match.

5.2 Visiting Clubs must provide to the Home Club at each relevant Official Match: individualised written confirmation of a negative Test result, issued by the relevant Testing Service Provider of the Visiting Club, where relevant samples were taken for Testing within the 168 hours preceding the scheduled kick-off of the relevant Official Match for each person in Target Groups 1 & 2, comprised in the Visiting Club’s party, in order to be granted access by the Home Club to the Home Ground. Any person not in possession of such individualised written confirmation must not be permitted by the Home Club to enter the Home Ground.

5.3 Each Club must, if requested to do so by the referee and/or the Company match delegate (if appointed) of and to a relevant Official Match, produce to each or both of the relevant person(s) making such request, individualised written confirmation of a negative Test result, issued by the relevant Testing Service Provider of the relevant Club, where the relevant sample was taken within the 168 hours preceding the scheduled kick-off of the relevant Official Match for each such person, in Target Groups 1 & 2, comprised in the Visiting Club’s party and/or present for the Home Club at the Home Ground.

5.4 Each Club must ensure that no person who has Tested positive, travels to and/or gains entry to the Home Ground, or takes part in an Official Match, unless and until he or she has subsequently Tested negative and provides to the Company a copy of an individualised written confirmation of a negative Test result, issued by a Testing Service Provider appointed by his relevant Club or such written confirmation issued by or on behalf of NHS Scotland.

5.5 Test results are not subject to challenge.

6. Previous Confirmed Cases

It is recognised that those who have recovered from COVID-19 may still be at risk of delivering positive PCR test results, despite having no contagion risk nor virus symptoms. Participants from Target Group 1 or 2 who have verified confirmation that they have now recovered from the disease are invited to submit documentation of this to the Scottish FA, including the date of diagnosis of the disease, complete relevant medical history and any other medical documents in this context, e.g. SARSCoV-2-RNA test results and/or any other laboratory tests. This must be provided at least one week before the Clubs next relevant Official Match. This information will then be analysed by the Scottish FA which may provide recommendations to the Club concerned and to the Company as to the possible steps to be taken.

 

 

So having read through this what exactly did we do wrong specifically,  where and how?

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2 minutes ago, Steppskillie said:

Hibs just released a atatement saying they asked Celtic to conduct further test on their players today. Celtic refused. 

Hibs said that SPFL told them there would be severe consequences if they didn't play game.

SPFL once again proves it just isnt fit for purpose. 

Interesting to see what Jack Ross says on this one. 

 

 

 

Threats and bully boy tactics. If Hibs players get Covid tonight the league will be over. Why oh why would they refuse a further test today, something to hide?

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3 minutes ago, Steppskillie said:

Hibs just released a atatement saying they asked Celtic to conduct further test on their players today. Celtic refused. 

Hibs said that SPFL told them there would be severe consequences if they didn't play game.

SPFL once again proves it just isnt fit for purpose. 

Interesting to see what Jack Ross says on this one. 

 

 

 

Statement also mentions postponing cup semifinal if Hibs players test positive in next 7 - 10 days. It really is getting made up as they go along.

 

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2 hours ago, Deano said:

How did our full squad have to isolate but only 13 of Celtic have to when they were on the same plane and bus from Dubai and the airport. We were only on the same bus to paisley. Why are the government not making everyone that went to Dubai isolate??

 

 

what are the rules GIF

 

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1 hour ago, skygod said:

It was handed out because we committed breaches of the Regulations.

It couldn't be clearer: "It was alleged that Kilmarnock FC had breached the SPFL’s Covid-19 Regulations...."

If it was for failure to fulfil a fixture we would have been charged under Rule G53.5.

"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."

From the Powers of the Board and Commissions, the tribunal imposed a fine under Rule J16.3 and, under J16.7, to "award an Official Match (with such deemed score as it thinks appropriate) to a Club".

 

Here is Annexe 11 of the SPFL Rules and Regulations which contains the Covid 19 regulations:

Annex 11 Covid 19 - Requirements and Testing Regulation

This Regulation is made by the Board pursuant to the powers of the Board comprised in the Articles and Rules and, without prejudice to the forgoing generality, Articles 103.1, 103.2, 103.4, 103.7 and 103.9.

Further, and in any event, the circumstances of the Coronavirus pandemic and the dangers to human health and wellbeing of Covid-19 (together Coronavirus and Covid-19 are herein referred to as “the disease”) are such that it is appropriate that the Board imposes the requirements and makes the directions set out herein, and that such requirements and directions, as may be amended from time to time by the Board, shall continue and remain in effect for so long as it is considered by the Board that it is appropriate so to do.

1. Social Distancing and Hygiene Principles

In general, social distancing within stadia is considered the most effective way to minimise the risk of transmitting the disease together with hygiene best practices such as regular hand-washing.

At all Official Matches, a two metres social distance must be respected within the stadium at all times, and in no case less than the guidance from time to time recommended by the Scottish Government.

Strict distancing measures must be applied between the teams and officials as well as all other groups of persons involved at the stadium. Home Clubs must ensure that all Scottish Government, Health Authorities, Licensing Authorities and Scottish FA compulsory and recommended measures and procedures relating to or concerning the disease are put in place, are maintained and are complied with on the occasion of an Official Match at its Home Ground.

2. Matches Behind Closed Doors or with Limited Attendance

If an Official Match is ‘played behind closed doors’, the Home Club must ensure that no member of the general public may be admitted to the stadium.

Only officials, persons with a working function and accredited media/journalists are permitted to be in the stadium. The total number of persons (teams, officials and working staff) permitted to be in the entire stadium premises at one time may be limited depending on several factors, including:

a) any regulatory restrictions or limits applied to the event;

b) the size of the stadium (affects stewarding and technical staff members in particular);

c) the scale of the broadcast operation; 

d) the space available to media; and

e) any persons or groups of persons who may be authorised by the regulatory and/or licensing authorities, the Company and/or the Scottish FA to be present in the stadium. This includes a limited number or percentage of supporters and other persons in attendance for the principal purpose of viewing the Official Match, as permitted by the Scottish Government, in which case the Official match shall be a limited attendance match and all of the provisions of this Regulation shall continue to apply. The staffing level must be adapted to stadium layout and competition needs. In all cases, the number of staff required to operate the stadium, organise the match and deliver the commercial and broadcast obligations must be limited to the minimum necessary whilst still complying with the stadium safety certificate. It being recognised that the numbers of such persons so present will rise where there is a higher number of persons present as provided in e) above.

3. Testing

3.1 It is recognised that social distancing and other infection prevention measures may not be possible in all circumstances, not least between the opposing team players during an Official Match as well as between a teams of players and technical staff of the same Club. For this reason, the Scottish FA has implemented a rigorous Testing (defined below) programme to increase security and confidence for everyone involved in football in Scotland. All Clubs must comply with the Testing, social distancing and other infection prevention and control measures specified from time to time by the Scottish FA. The provisions of the following Regulations are concerned with the specific requirements and procedures relating to sample collection, Testing and results management during the period prior to and at an Official Match (“relevant Official Match”).

3.2 Testing Type and Definition To ensure the highest testing quality for the Disease, each member of the Target Groups 1 & 2, set out in Regulation 3.5, for each relevant Official Match, must be subject to SARS-CoV-2-RNA (nasopharyngeal and oropharyngeal swab + PCR) tests. A positive test is defined by detection of particles of viral RNA (genes) (“Testing” and the words “Test”, “Tested” and the like shall be so understood).

3.3 Sample Collection and Laboratory Diagnostics Service Providers Each Club must appoint one or more laboratory diagnostics service provider(s) (“Testing Service Provider(s)”) as the entity(ies) in charge of Testing for relevant Official Matches in which the Club is a participant. Each Club may collect or make arrangements for the collection of samples and the onward transmission on its behalf, except where samples are collected and/or transported by a relevant Testing Service Provider, of collected samples to the relevant Testing Service  Provider.

3.4 Each member of Target Groups 1 & 2 must comply at all times with the instructions of its Club and of the relevant Testing Service Provider in relation to the implementation of efficient procedures for sample collection, sample delivery, analysis of samples and results management.

3.5 Target Groups Each Club must ensure that all of the members of each of Target Groups 1 & 2 are subject to sample collection and Testing in accordance with these Regulations, in advance of each relevant Official Match: Target Group 1: all Players potentially participating in the relevant Official Match which as a minimum includes all Players listed or who may be listed on the Scottish Professional Football League - Match Information Form for each Club which is a participant in the relevant Official Match. This includes all Players in attendance for a participating Club at the relevant Official Match, whether intended or not intended to be a participant in the relevant Official Match. Target Group 2: Club football, technical and operational staff such as managers, coaches, assistants, physiotherapists, doctors, other persons who may, as part of their work duties on the occasion of a relevant Official Match, have physical contact with or be within 2 metres of a Player participating in such relevant Official Match, (together the “Target Groups 1 & 2”)

3.6 Testing Prior to an Official Match Each Club participating in an Official Match must ensure that those persons present at an Official Match in Target Groups 1 & 2 have provided a sample for Testing within the 168 hours preceding the scheduled kick-off of the relevant Official Match, which has subsequently Tested negative, with no later positive Test result. For example, if the relevant Official Match is scheduled to kick-off on a Saturday at 3pm, then the sample collection for Testing of Target Groups 1 & 2 for that relevant Official Match must have taken place not earlier than 3pm on the immediately preceding Saturday, for a Sunday kick-off at 3pm the earliest date and time for sample collection is the immediately preceding Sunday at 3pm, and, if the relevant Official Match is scheduled to kick-off on a Wednesday at 7.45pm, then the sample collection for Testing of Target Groups 1 & 2 for that relevant Official Match must have taken place not earlier than 7.45pm on the immediately preceding Wednesday. 

4. Official Match Testing Schedule and Results.

Each Club intending to participate and participating in a relevant Official Match must:

4.1 ensure, that those persons comprised in each of Target Groups 1 & 2 are each Tested in accordance with Regulations 3.5 and 3.6 above and that their respective Test results are made available as set out in Regulations 4.3 to 4.5 (inclusive):

4.2 ensure that there is the time and resources required to organise and implement the sample collection, delivery logistics, Testing and to deliver copies of the results to the persons and parties referred to in this Regulation 4, all on and by the days and times specified in Regulations 4.3 to 4.5 (inclusive), 5.2 and 5.3;

4.3 send to the Company, by not later than 12 noon on the day two days immediately preceding the day of the relevant Official Match, e.g. for a relevant Official Match scheduled to kick-off on a Saturday not later than noon on the immediately preceding Thursday, copies of each and all of the individualised negative Test results for the sample collection and Testing required by Regulations 3.5 and 3.6, in the form provided, by the relevant Testing Service Provider to the relevant Club, of all the persons comprised in Target Groups 1 & 2 for the Club concerned in relation to the relevant Official Match, which results must specify the date and time of sample collection in the case of each individual Tested;

4.4 procure that each of the Company and the Scottish FA are provided, on written request, and in not more than 24 hours from receipt by the Club of such a request from either of them, with copies of each and all or specified individuals or groups of individuals, of individualised negative and positive Test results which results must specify the date and time of each relevant sample collection, in the form provided by the relevant Testing Service Provider to the Club, of each and all, or otherwise as may be specified, of the persons at or connected with such Club who have been so Tested; and

4.5 procure that the Scottish FA is advised by telephone call or text or equivalent messaging system, to a senior official of the Scottish FA, with a copy of the relevant individualised positive Test result, in the form provided by the relevant Testing Service Provider to the Club, to follow as soon as possible thereafter, immediately on being advised by and on receipt by the relevant Club, of a positive Test result detected and reported by the relevant Club’s Testing arrangements.

5. Management of Test Results

5.1 In view of the pandemic circumstances, to safeguard the health of all persons involved in Official Matches and the general public, only those persons in Target Groups 1 & 2 who have provided a sample for Testing within the 168 hours preceding the scheduled kick-off of the relevant Official Match, which has subsequently Tested negative, with no later positive Test result, may travel to, attend at or take part in an Official Match.

5.2 Visiting Clubs must provide to the Home Club at each relevant Official Match: individualised written confirmation of a negative Test result, issued by the relevant Testing Service Provider of the Visiting Club, where relevant samples were taken for Testing within the 168 hours preceding the scheduled kick-off of the relevant Official Match for each person in Target Groups 1 & 2, comprised in the Visiting Club’s party, in order to be granted access by the Home Club to the Home Ground. Any person not in possession of such individualised written confirmation must not be permitted by the Home Club to enter the Home Ground.

5.3 Each Club must, if requested to do so by the referee and/or the Company match delegate (if appointed) of and to a relevant Official Match, produce to each or both of the relevant person(s) making such request, individualised written confirmation of a negative Test result, issued by the relevant Testing Service Provider of the relevant Club, where the relevant sample was taken within the 168 hours preceding the scheduled kick-off of the relevant Official Match for each such person, in Target Groups 1 & 2, comprised in the Visiting Club’s party and/or present for the Home Club at the Home Ground.

5.4 Each Club must ensure that no person who has Tested positive, travels to and/or gains entry to the Home Ground, or takes part in an Official Match, unless and until he or she has subsequently Tested negative and provides to the Company a copy of an individualised written confirmation of a negative Test result, issued by a Testing Service Provider appointed by his relevant Club or such written confirmation issued by or on behalf of NHS Scotland.

5.5 Test results are not subject to challenge.

6. Previous Confirmed Cases

It is recognised that those who have recovered from COVID-19 may still be at risk of delivering positive PCR test results, despite having no contagion risk nor virus symptoms. Participants from Target Group 1 or 2 who have verified confirmation that they have now recovered from the disease are invited to submit documentation of this to the Scottish FA, including the date of diagnosis of the disease, complete relevant medical history and any other medical documents in this context, e.g. SARSCoV-2-RNA test results and/or any other laboratory tests. This must be provided at least one week before the Clubs next relevant Official Match. This information will then be analysed by the Scottish FA which may provide recommendations to the Club concerned and to the Company as to the possible steps to be taken.

 

 


Our sanction therefore in respect of this matter is that in terms of rule J16.7 the official match between
Kilmarnock and Motherwell should be awarded to Motherwell FC with a score of three nil against
Kilmarnock. We consider this to be entirely appropriate, proportionate and just having regard to all
of the circumstances of this case. Kilmarnock suffered a three nil loss in the Betfred Cup as a result of
another game which is not within our jurisdiction to rule upon in respect of this matter today, but we
note that other matches have been awarded, in other different circumstances as three nil wins for an
opponent, when a breach of regulations has occurred in the past, albeit not a breach of Covid
regulations.
 

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Hibs have a responsibility as an employer to look after the safety of their employees If I were them I wouldn't be playing this game in light of Celtic's refusal to test their players again.

 

If someone gets covid it could be right back with us come Saturday. Whilst that could happen by any route this added risk is completely unreasonable especially in light of our treatment earlier in the season.

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3 minutes ago, Harrogate Peter said:

Hibs have a responsibility as an employer to look after the safety of their employees If I were them I wouldn't be playing this game in light of Celtic's refusal to test their players again.

 

If someone gets covid it could be right back with us come Saturday. Whilst that could happen by any route this added risk is completely unreasonable especially in light of our treatment earlier in the season.

It sounds like that was Hibs stance but it was met with threats from the SPFL and SFA. 

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This is a shocking state of affairs. Surely Hibs’ duty of care to their players and staff should come first. If they felt at risk (which they clearly did by asking for testing of all Celtic players). Then Hibs shouldn’t have played the game and dealt with any consequences.

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SANCTION IMPOSED

We determine that, in respect of the match due to have been played on 2nd October 2020, there shall be imposed on that fixture the result of Kilmarnock FC 0 Motherwell FC 3. Accordingly, the result shall mean that 3 points shall be awarded to Motherwell FC and zero to Kilmarnock FC

There shall be a fine imposed of £40,000 but that shall be wholly suspended until 30 June 2021. In this decision, the reference to a fine being suspended means suspended until the 30 June 2021. If the Club, by any act and/or omission, breaches or fails to fulfil any provision of the SPFL Rules and/or Regulations relating to Covid containment for any Competition, any Rule or Regulation with which the Club must comply, then the amount of the suspended fine will immediately become due and payable on any such breach and/or failure to fulfil being determined by a Tribunal to have occurred; and that whether such determination shall occur prior to or after 30 June 2021. The obligation to pay the suspended fine shall be in addition to any sanction imposed for any such future act and/or omission leading to such breach and/or failure to fulfil. In the event that no such determination of breach and/or failure to fulfil is made in respect of any such act or omission on or prior to 30 June 2021, then there will be no liability on the Club to pay the suspended fine. We issue the aforementioned reprimand to the club.

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14 minutes ago, Wrangodog said:

Our sanction therefore in respect of this matter is that in terms of rule J16.7 the official match between Kilmarnock and Motherwell should be awarded to Motherwell FC with a score of three nil against Kilmarnock. We consider this to be entirely appropriate, proportionate and just having regard to all of the circumstances of this case. Kilmarnock suffered a three nil loss in the Betfred Cup as a result of another game which is not within our jurisdiction to rule upon in respect of this matter today, but we have been awarded, in other different circumstances as three nil wins for an opponent, when a breach of regulations has occurred in the past, albeit not a breach of Covid regulations.

That must be the Copy & Paste of the Year!

I'm not sure what your point is - I'm well aware of the findings of the tribunal. 

I was supporting Jimmy Superscot's view that we were charged with breaching Covid regulations and not for failing to fulfil a fixture.

I've just heard Michael Stewart on Sportsound repeating this misconception, which was my initial misunderstanding too.

Were we charged because players contracted Covid? No.
Because we failed to fulfil a fixture? No.
Because we breached Covid Regulations on Social Distancing? Yes. 

The tribunal had a wide range of sanctions available to them, from which they chose to impose a fine (suspended) and a match forfeit, which they considered to be appropriate to the offence.

The scale of the infections (6) alerted the Health Board which led to self-isolations and the postponements. If we had played the match with youth players would we have escaped punishment? It kind of looks that way, as no investigation would have resulted. 

The SPFL and its member clubs haven't covered themselves in glory, to say the least. A list of rules and sanctions should have been agreed before a ball was kicked.

If Doncaster and the SPFL Board are in the pocket of the OF, the other clubs need to exert their authority when re-elections come around.

 

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1 minute ago, Monty1998 said:

Taken from Pie and Bovril. Ceptics own words Duffy can’t play as he left the bubble. Another breach swept under the rug. (Sorry flattop). 

91E487D2-0F3F-4917-9AFF-8EAC4F03BD10.png

Every player leaves the bubble when they go home after training ... I don't see why Duffy leaving Dubai early would make a difference.  If he's not had a positive test, been identified as a close contact to one of the infected or been contacted by Track & Trace then he should be ok to play.

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As Hibs have a legal duty of care to their employees to things strike me:

1) The League are inciting them to break the law and

2) If threats have been made whilst that's an absolute disgrace it's no defence for Hibs if they choose to play.

I would have thought this is all the Scottish Government need to shut the season down.

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5 minutes ago, Harrogate Peter said:

As Hibs have a legal duty of care to their employees to things strike me:

1) The League are inciting them to break the law and

2) If threats have been made whilst that's an absolute disgrace it's no defence for Hibs if they choose to play.

I would have thought this is all the Scottish Government need to shut the season down.

I hope Hibs did all the communicating by email so that they have it in writing .... or recorded the Zoom call.

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8 minutes ago, chubbs said:

Every player leaves the bubble when they go home after training ... I don't see why Duffy leaving Dubai early would make a difference.  If he's not had a positive test, been identified as a close contact to one of the infected or been contacted by Track & Trace then he should be ok to play.

Not my words Chubbs, Ceptic assistant John Kennedy. 
 

Surprised he doesn’t know the rules as Liewell seems to be making them...?

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Just now, chubbs said:

I seen that ... just doesn't sound right... maybe he was just hoping that Duffy would be missing!!

If I was being cynical or paranoid. It seems more and more issues are being highlighted now on sky tv bbc radio, it’s almost as if they want SG to step in and shut football down???

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Duffy seems to have flown back on a standard flight back to the UK before the rest of the squad... Surely this means he is no longer within the "bubble" of elite sports or whatever the excuse they are using to travel out is. 

This surely means that Duffy should now be isolating for 10 days due to ScotGov protocol? Seems a strange one, especially with Kennedy pointing it out the other day.

The complete arrogance of Celtic to swan off to Dubai and then come out with a statement not apologising for the decision is unfortunately what we expect to see from one of the cheeks. Just wish we had a National Association who had any sort of credibility to actually punish them for it. But no they will just come after the small guys like St Mirren and Killie.

Hope Hibs put 5 past them. 

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