Newco Rangers must answer oldco charges, insists commission chief

THE SCOTTISH Premier League has amassed a “stack of evidence” concerning Rangers’ use of Employee Benefit Trusts (EBTs) and alleged dual contracts which is to be investigated by the Independent Commission chaired by the retired judge Lord William Nimmo Smith.

Sources at the SPL claim that various routes had been used – including a reluctant Rangers FC itself – to obtain documents relating to the incomes of various players at Ibrox, via EBTs, in the years between 2000 and 2011. The three-man commission, which comprises Lord Nimmo Smith, Nicholas Smith QC and Charles Flint QC, will sit for four days from 13 November to determine Rangers’ guilt or innocence in regard to payments or undisclosed loans to players.

The SPL has warned Rangers, who have said they will not acknowledge the commission, that such a stance could be potentially self-harming should the commission’s verdict go against the Ibrox club and it chooses to appeal.

Meanwhile, Nimmo Smith has explained why, contrary to the claims of Rangers chief executive Charles Green, he believes “oldco” Rangers and the current Rangers FC represent one entity and thus still fall within the SPL’s jurisdiction. Green and Rangers believe that, as their “newco” is not and never has been a member of the SPL, the appointed commission has no jurisdiction over it. But Nimmo Smith has countered that view.

“It is the club, not the owner, who plays in the league,” he said. “The rules clearly contemplate sanctions upon a club, in distinction to upon the owner or operator. That power must continue to apply, even if the owner at the time of [any] breach of rules has ceased to be a member of the SPL and its undertaking has passed to another owner or operator.”

As for any lapse in time since any alleged breaches by Rangers occurred, Nimmo Smith added: “To take a hypothetical example of a club which has been engaged in match-fixing but is then relegated and consequently ceases to be a member of the SPL – there is every reason why it should still be liable to disciplinary action, whether or not the breach comes to light before or after the club has relinquished its SPL membership.”

But Nimmo Smith went on to add: “We stress that the commission has not yet come to the stage of deciding whether there have been any breaches of rules at all by either ‘oldco’ or Rangers FC.”

Nimmo Smith also admitted he had to re-assert his own impartiality in the looming investigation, after Rangers objected to him being appointed chair of the commission. It has emerged that Rangers initially es at the SPL claim that various routes had been used – including a reluctant Rangers FC itself – to obtain documents relating to the incomes of various players at Ibrox, via EBTs, in the years between 2000 and 2011. The three-man commission, which comprises Lord Nimmo Smith, Nicholas Smith QC and Charles Flint QC, will sit for four days from 13 November to determine Rangers’ guilt or innocence in regard to payments or undisclosed loans to players.

The SPL has warned Rangers, who have said they will not acknowledge the commission, that such a stance could be potentially self-harming should the commission’s verdict go against the Ibrox club and it chooses to appeal.

Meanwhile, Nimmo Smith has explained why, contrary to the claims of Rangers chief executive Charles Green, he believes “oldco” Rangers and the current Rangers FC represent one entity and thus still fall within the SPL’s jurisdiction. Green and Rangers believe that, as their “newco” is not and never has been a member of the SPL, the appointed commission has no jurisdiction over it. But Nimmo Smith has countered that view.

“It is the club, not the owner, who plays in the league,” he said. “The rules clearly contemplate sanctions upon a club, in distinction to upon the owner or operator. That power must continue to apply, even if the owner at the time of [any] breach of rules has ceased to be a member of the SPL and its undertaking has passed to another owner or operator.”

As for any lapse in time since any alleged breaches by Rangers occurred, Nimmo Smith added: “To take a hypothetical example of a club which has been engaged in match-fixing but is then relegated and consequently ceases to be a member of the SPL – there is every reason why it should still be liable to disciplinary action, whether or not the breach comes to light before or after the club has relinquished its SPL membership.”

But Nimmo Smith went on to add: “We stress that the commission has not yet come to the stage of deciding whether there have been any breaches of rules at all by either ‘oldco’ or Rangers FC.”

Nimmo Smith also admitted he had to re-assert his own impartiality in the looming investigation, after Rangers objected to him being appointed chair of the commission. It has emerged that Rangers initially objected to Nimmo Smith’s appointment to the investigation, after he had already fulfilled a similar role for the SFA over a separate Rangers case in May. That report led to the SFA charging Craig Whyte and the Ibrox club with bringing the game into disrepute.

Rangers subsequently dropped their concerns over Nimmo Smith, but the former Supreme Court judge admits he was forced to consider his position. “It is well understood that a judge, or anyone performing a quasi-judicial function, must be free not only of actual bias, but also of apparent bias,” said Nimmo Smith. “Our commission has given careful consideration to this question and has concluded that the fair-minded observer would not conclude there would be any possibility that the chairman was biased.”

The SPL has come under pressure over an alleged offer to Rangers to accept a retrospective stripping of titles – an offer made before any Rangers guilt had been established – but Nimmo Smith emphasised his investigation would be independent and free from influence by the SPL or anyone else.

“It is fundamental to any body with investigatory power, such as this commission, that we act independent to the person or body [SPL] appointing us,” he said. “In reaching our final determination we shall exercise our own judgment in accordance with natural justice, unfettered by the influence of the [SPL] board or anyone else. None of us would have accepted this appointment on any other basis.”

Nimmo Smith added that, despite Rangers’ open contempt for the investigation, he still hoped the Ibrox club would change its mind and come forward and participate in the process.