Gary Jacob
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West Ham United have sent an extraordinary letter to other Barclays Premier League clubs canvassing support in their ongoing legal battle with Sheffield United. They have asked effectively for clubs to admit that they were unaware of the existence of a league rule that prevents a third party from influencing the performance of a player.
West Ham would like the information as they prepare evidence to defend separate claims from Sheffield United and Kia Joorabchian. The Yorkshire club believe that they were relegated as a result of West Ham's admitted breach of Premier League rules in the transfer of Carlos Tévez last season. Sheffield United estimate that being relegated to the Coca-Cola Championship cost them £30 million. The FA's arbitration proceedings into the case will be heard in June.
Joorabchian, Tévez's representative, has begun a case in the High Court, claiming that he is owed £7.1 million relating to the transfer of the Argentina forward, who helped to rescue West Ham from relegation last season.
It is understood that West Ham want the evidence to prove that they did not act maliciously when they entered into a third-party agreement to sign Tévez at the start of last season because many clubs were either not aware of the rules or did not believe that they referred to this situation. One problem with the argument could be that they pleaded guilty to entering into such an agreement, thereby breaching rule U18, for which they were fined £2.5 million last year.
West Ham hope to attract support from clubs who fear that victory for Sheffield United will open the floodgates for other compensation claims. Peter Barnes, the West Ham secretary, sent an e-mail to his counterparts on April 10 asking for assistance.
“Our legal team have asked me to see whether you would be prepared to assist with a written witness statement which they can help you to prepare to aid our case,” Barnes wrote. “The question is: 'When you were involved in transfers in Season 2006-7 did any of you other than referring to the Sections K, L and M ever consult or have need to refer to Rule U18 or indeed ever really know of its existence?' I confirm if you agree to assist it would only involve a written statement and not an appearance at court.”
The Tévez wrangle overshadowed the achievement of avoiding relegation last season, but it has been injuries at Upton Park that have blighted the present campaign. As many as a dozen players have been unavailable at times this season, prompting West Ham to begin an investigation, led by Roehampton University, into the medical set-up. They will consider the types of injuries and why rehabilitations are taking longer than normal.
Fredrik Ljungberg is, however, close to a return after missing the past two matches. The midfield player suffered an inflamed nerve, not a hamstring injury as had been feared, in the 2-1 defeat away to Sunderland last month. The Sweden player is expected to return to the squad for the match against Derby County on Saturday.
“The injury was a little weird, especially since it was quite painful,” he said. “It was quite hard for the medical team to diagnose, but I've been told it was an inflamed nerve. Luckily, the hamstring is not injured, which is great.
“The extra work I put in this winter, in the gym, is the reason I am in good shape. Despite being in some pain due to a nerve-root inflammation, the hamstring itself is fine and there is no sign of a pull or strain.”
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What really annoys me about this whole affair is that fans of other clubs think that Blades fans should just forget the whole thing because it happened a while ago. We took 12 long hard years to get to the Premiership and yes, in the end we blew it from a good position. That doesn't change the fact that another team cheated and had they been punished in line with the crime, the Blades would have survived. If this happened to any other team their fans would be equally frustrated and equally willing to keep fighting for justice. I don't agree that it has to be about money either. If the evidence that Joorabchian is now prepared to share shows that West Ham did indeed con the Premier League then why not relegate them and reinstate us? It won't affect any other club and would be much fairer than compensation. West Ham's letter to other PL clubs seems to be playing on their potential fears of any further similar cases rather than any claim to have been in the right - speaks volumes.
Martin, Sheffield, South Yorkshire
Yawn, sheffield who?
Salford Bob, Manchester,
I have been a WHU supporter forover 50 years. Most true WHU supporters are not comfortable with the situation the club finds itself in over the Tevez & co. affair. The action taken by Sheffield Utd.is understanderable and most of our supporters would want compensation were the roles reversed.
I did not like the T.Brown era of management and feel that a large proportion of blame must rest there.
As Harvey pointed out WHU appear to have a case for compensation from whoever carried out the due dilligence on the club. Surly any compensation should come from the driver of the vehicle not the new registered keeper, so T. Brown should repay the club that rewarded him so handsomly by stumping up some compensation.
If the new owners of WHU are proven complicite in these breeches of regulations their fine should be reviewed.
In these days of excessive wages for players and indeed all associated with the premier league it appears that MONEY is all that matters not sportsmanship.
kennyhammer, Epping,
Let´s forget all this legal mumbo jumbo about legal advisors, and get down to basic facts. It´s a fact that The present board is being crucified for the past boards deeds is it not? So Harvey ian and co are not passing the buck, just stating facts.
Now facts tend to get distorted, as Steve from Sheffield has shown in his statement inferring that West Ham are pleading ignorance of the clause, or he´s giving that impression, even after the initial hearing.
The truth is they are pleading ignorance of the clause prior to The signings. A bit different wouldn´t you say?!
That has been the problem with this saga all along,people distorting facts and making them say what they want them to.
Unlike the last board, the new, i believe has been open in the fact it was they that bought attention to the matter. And just because a certain person decides to claim things in the press with no substance(Why?) doesn´t make WHU guilty. Some are quick to see dirt regardless of the source.
jd, Helsinki,
Can' t wait to read Samuels' take on this - no doubt it will be The Blades' fault; I bet we hid their copy of the rulebook.
Richard, The Hague, Netherlands
Now even Neil Warnock has left Sheffiled Utd. Its long overdue and too late a saga to go back to Sheffiled Utd are mid table in the Championship they dont deserve to be in the Premiership, Neil made such a big fuss but now hes gone and left hes not said anything about the Tevez saga, maybe he thinks he can get into the PL with Crystal Palace good luck to him they have better players than SU.
Indy, Hornchurch, UK
Re Ian's comments, and anyone who wants to conveniently pass the buck onto the previous regime, the bottom line is that it is the legal body which committed the offence and is punished, not the individuals. West Ham's owners paid a fortune (£85m?) for the club, the Tevez deal had been all over the papers, they must have spend hundereds of thousands on due diligence, if they weren't aware of the illegality and it's consequences then they have a law suit against their advisors.
Harvey, Bournmouth, England
It's unbelieveable that West Ham can still plead ignorance as the orginal Premier League hearing examined the sequence of events in great detail. In a nutshell, West Ham officials (Duxbury and Aldridge) were told in advance by the FAPL that it was against the rules to have a third party influence which is why they drew up "side agreements" which were then deliberately not disclosed to the FA.
Three independent arbiters having looked at all the evidence, came to the conclusion that:-
âWhat we believe to have occurred here is that Messrs Brown, Aldridge and Duxbury were anxious to complete the registration of these players by the deadline of 31st August. They knew that the only means by which they could acquire them would be by entering into the third party contracts. Equally, they were aware that the FAPL, at the very least, may not -- and in all probability would not -- have approved of such contracts. They determined to keep their existence from the FAPL.â
Steve Diaper, Sheffield,
West Ham were guilty of the illegal signing of Tevez & Mascherano, it is quite possible that they were unaware of the rules and they were quite rightly fined £5.5 million and that should be the end of it. However they then proceeded to cover up the continued illegal ownership and lied to the Premier League about the players' true status. For that they should be relegated. There have been instances abroad recently where teams have been relegated years after the offence was committed.
Ian, Leeds,
West Ham blatantly cheated - broke the rules & got away with it. Sheff U didn't - & were punished.
WHU didn't know the rules? Don't make me laugh.
The Premiership authorities knew the rules too & played their part & I hope against hope that Joorabchian reveals all & both WHU & the Premiership receive a just punishment.
Corruption needs to be exposed - I hope all the facts are revealed & justice done. Only then will West Ham lose the tag 'Premier League United.'
James Edwards, Leatherhead, England
The trouble is, and i reply to a previous poster, that there were two regimes involved, and to tar both with the same brush is unjust.
It was also stated that West Ham benefitted from the use of Tevez, which to a degree is true. But how much emphasis do you put on West hams survival because of Tevez and Sheffields demise because of their own poor performance. Remember both had to get a result on the day.
West Hams previous regime did wrong, whether through ignorance or other will remain unknown.And although it tarnished the face of football to some degree, Sheffields continuous hounding of the matter has done far worse. Make no mistake, this is not being done on moral grounds but on the grounds that is the rule of the world,MONEY!
ian, Helsinki, Finland
The Joorabchian argument relates to the period after West Ham had admitted and been fined for this offence. To now try to divert attention back to the original offence seems a somewhat desperate tactic.
If it is shown that some form of contract was still in place at the end of the 2006-07 season then West Ham deserve the strongest possible punishment.
Mike Vale, Milton Keynes, England
As a West Ham fan, this fiasco, and the signing of Lee Bowyer, are recent low points for me. West Ham have breached a rule, probably more through naiivity/incompetence of our former management team than malicious intent to gain advantage.
Personally, I don't understand why any executive couldn't see that if Man U and Arsenal et al. weren't jumping on the opportunity to sign Tevez and Masche, and we were the biggest club prepared to take them, that something was up!
I also think the bottom line is that they caused more trouble than they solved and Tevez's good performances at the end of the season only sought to partially rectify the immeasurable disruption they caused to the start of our season, eventually costing Pardew, who was stuck them them, his job.
Had the Premier League honestly thought that we would string so many wins together at the end of the season and stay up, they probably would have acted more harshly, but doesn't the fact that we proved oursleves on the pitch by winning games show we did deserve to stay up? Sheff Utd, had their fate in their own hands on the last day and blew it!
The only teams who have honestly benefited are probably Man U and Liverpool who got a free look at both players and rode on the back of our naiivity to sign both players relatively cheaply and in a legal way.
If I were Sheff. Utd, I would be probably doing the same, but I agree with former comments that they would be better off focusing on the situation they are in rather than pursuing this weak case as no court is going to set a precedent for legal action in this way. Should Arsenal sue for not getting the penalty against Liverpool last week - that cost them a few million?
The Premiership is not a strong league below the top 6 and let's not forget that Sheff. Utd only got 38 points in the season they went down, 3 of which were in beating West Ham in one of only 10 wins, so head to head the evidence is not damining. Over the course of a season they were not good enough. We had gone down with 4 more points than that 3 seasons before and last season we actually finished 15th, 3 places above Sheff Utd. with 2 more wins. This season probably 36 points will be enough to stay up, so it is swings and roundabouts.
I think most football fans would say West Ham deserve their Premiership status more than any Championship club or Premiership club from Wigan downwards at the moment and we haven't played well at all this year. I really hope this saga will die as we have been punished and new unrelated owners brought in. West Ham really need to concentrate on football and getting our injury list down otherwise we will be down next season!
Matt, London, UK
West Ham admitted their breach of the rules and were punished accordingly. There were no precedents for this case, and no explicit punishments in the rules. The whole disciplinary process and punishments were entirely in accordance with the FA and Premier League rules. Sheffield United were unhappy with the punishment but...tough. Perhaps had they concentrated on the actual playing of the game they would have stayed up, or even made a serious run at getting back up this season. If they are allowed to win a case like this the whole of sport will be laid open to court challenge after court challenge. Never mind the sour grapes we get from managers after defeats - it will become a case of,"if we lose, we sue."
Roy Allen, Hong Kong,
West Ham are as guilty as sin!!
They lied and cheated their way to Premiership safety last season and the shady way in which they conducted their affairs has sullied and stained football greatly.
West Ham should be made an example of and if the Premiership hierarchy had any scruples, then they would relegate the Hammers and make an example of the club.
West Ham have conducted themselves very poorly and should be ashamed. To all those concerned, you have let your club and English football down very badly!!
Steven Leach, Swindon, Wiltshire
The maxim "Ignorantia juris haud excusat" immediately springs to mind.
West Ham knew they broke the rules and they have already admitted as much.
It is difficult to see many premiership clubs supporting them by admitting similar ignorance of the rules of the league in which they ply their trade. It would be the equivalent of asking the Referees' Association for support regarding misunderstanding of the offside rule.
No Premiership CEO is going to make what is tantamount to an admission of their own incompetance. Even those who are incompetant should be smart enough to realise this is an issue to keep well away from.
Roy Koerner, Northumberland, UK