West Ham United have issued a further statement following the FA arbitration panel ruling
24.09.2008
West Ham United can confirm today that our lawyers are drafting a statement of appeal to the Court of Arbitration for Sport in Lausanne, Switzerland in relation to the case involving the club and Sheffield United.
West Ham United cannot comment in detail in response to the FA arbitration panel ruling made public yesterday because of confidentiality provisions but will update supporters via whufc.com as and when appropriate.
However, the club can confirm that while we respect the judgement of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season.
This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006/07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition.
We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time.
In light of this and the wider implications of this latest ruling for English football we have decided to ask that the case be considered by the Court of Arbitration for Sport.
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Payne off to Cheltenham - WHUFC
Josh Payne looks set to gain valuable first-team experience with a one-month loan at Cheltenham Town
24.09.2008
West Ham United have agreed to loan Under-18 captain Josh Payne to League One outfit Cheltenham Town.
This will be Payne's first spell on loan since joining the club at the beginning of 2007. The midfielder, who turns 18 in November, has enjoyed a solid start to the new campaign. After impressing in pre-season, he was awarded the captaincy of Tony Carr's youth side and helped them to an unbeaten run of four matches before the weekend loss at Birmingham City.
Payne also started the reserves' first game of the season away to Chelsea last week, more than holding his own in a 2-0 reverse in front of the watching Cheltenham manager, and former Hammers favourite, Martin Allen. A versatile performer, who is also comfortable in central defence, Payne is an energetic player who has good close control and an eye for a goal. His loan with Cheltenham will see him stay at the club until 25 October. Meanwhile, Jack Jeffery has returned from a loan at Leyton Orient because of injury.
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West Ham to launch Tevez appeal - BBC
West Ham will appeal to the Court of Arbitration for Sport over an independent tribunal ruling against them in the Carlos Tevez affair. The Hammers face having to pay Sheffield United more than £30m in compensation as a result of the ruling. United claim Tevez was not eligible to play at the end of the 2006/07 season, when he played a key role in West Ham's top flight survival at their expense. Any decision whether to hold a hearing would be at CAS's discretion. "While we respect the judgement of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season," said a West Ham statement. "This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006/07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition. "We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time. "In light of this and the wider implications of this latest ruling for English football we have decided to ask that the case be considered by the Court of Arbitration for Sport."
The Hammers have made the latest move after taking legal advice. It had been thought that West Ham might be unable to appeal the tribunal's decision, with the Football Association's rule K5c stating that by signing up to arbitration, "the parties shall be deemed to have waived irrevocably any right to appeal, review or any recourse to a court of law". For clarity, the FA did not sit in judgement on this case, did not have any influence on the decision and did not appoint any of the tribunal members
But a leading sports lawyer told BBC Sport: "Rule K5c says you cannot seek redress before a court of law. CAS in not a court of law but a tribunal." West Ham were found guilty last April of acting improperly and withholding vital documentation over the ownership of Argentine duo Tevez and Javier Mascherano when they signed in 2006. A three-man Premier League arbitration panel fined the Hammers £5.5m, but did not dock them points, and they went on to survive the drop on the final day, while Sheffield United were relegated. Having failed in their attempt to have the original punishment overturned, the Yorkshire club invoked a Football Association rule that allows clubs with a legal dispute to go before an independent tribunal. Sheffield United's claim was considered by former MCC president Lord Griffiths, Sir Anthony Colman, a former High Court judge, and Robert Englehart QC.
West Ham insisted in the statement on Tuesday that the potential outcome of the hearing and compensation they might have to pay had nothing to do with the summer transfers of Anton Ferdinand, George McCartney, Bobby Zamora and John Pantsil. "With regard to the club's transfer activity this summer, we made no assumptions in terms of the arbitration panel and were only informed of the ruling on Friday," the club said. "The only considerations taken into account were our previously stated aims of improving the first team with top-quality players. "We are delighted with the signings made and furthermore the club were able to reject a number of significant bids for first-team players during the summer."
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Lawyers given Swiss Role - KUMB
Filed: Wednesday, 24th September 2008
By: A Different Staff Writer
West Ham have hit back at the bizarre arbitration panel decision in favour of Sheffield United and have announced plans to bring matters before the Court of Arbitration for Sport.
A club statement condemned the decision - described by legal experts as "illogical and bizarre"- for "not taking into account the performances of the other 19 clubs in the competition".
One legal expert told us: "The intriguing possibility is raised that Chelsea, for example, might bring Sheffield United to arbitration over their apparent breach of Premier League rule E12" - Chelsea, it will be remembered, lost out for the Premiership Title to a Manchester United team that had gained three points from a victory over a deliberately weakened Sheffield United side.
Neither Neil Warnock, who has been quite voiciferous on the need to obey Premier League rules in recent days, nor Kevin McCabe have commented on this or any of the other apparent breaches of league rules that happened whilst they oversaw a side that scored 8 away goals all season in 2006/07 - a fact that we now know had absolutely nothing to do with Sheffield United's relegation.
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West Ham launch appeal - SSN
Hammers take Blades fight to European court
By Pete Oliver Last updated: 24th September 2008
West Ham are to appeal against a ruling which says they must pay Sheffield United compensation over the Carlos Tevez affair. A Football Association arbitration panel ruled in United's favour with reports suggesting that the Hammers must now pay them over £30 million. However, West Ham have confirmed that they plan to take their appeal to the Court of Arbitration for Sport in Switzerland.
A statement on West Ham's official website said: "While we respect the judgement of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole, nor used as the basis for judging the results of a 38-game season. "This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006-07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition. "We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time. "In light of this and the wider implications of this latest ruling for English football we have decided to ask that the case be considered by the Court of Arbitration for Sport."
Tevez played a crucial role in ensuring West Ham avoided relegation in 2007, scoring seven goals during the end-of-season run-in, as the Blades headed for the Championship instead. But Argentina international, who is now at Manchester United, and his compatriot Javier Mascherano had been brought to the club in a deal engineered by businessman Kia Joorabchian, and his company part-owned the striker. That breached Premier League rules on third-party ownership, with the Hammers fined £5.5million, but escaping a points deduction. Sheffield United continued their fight after relegation, with the FA having now ruled in their favour.
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Mensah dreams of PL move - SSN
Lyon defender expects to play in England
By Giscard Gourizro Last updated: 24th September 2008
Lyon defender John Mensah believes he is destined to play in the Premier League in the future. The Ghana centre-back only joined Ligue 1 champions Lyon in the summer, but he has already admitted a desire to play in England. Wigan, Portsmouth, Blackburn, Bolton and West Ham were all linked with the 25-year-old before he left former club Rennes in July. And Mensah, who has made 32 appearances for Ghana, has now announced that the Premier League is a challenge which appeals to him. "To play in the Premier League and test yourself against the best strikers in the world is a dream for all good defenders," Mensah told skysports.com. "I am destined to go there." Mensah is tied to a five-year contract with Lyon, who paid €8.4million (£6.7m) for his services.
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Double loan deal for Robins - SSN
Premier League youngsters pitch up at Whaddon Road
Last updated: 24th September 2008
Cheltenham Town have completed a double loan swoop on the Premier League by signing Lewis Montrose and Josh Payne. Montrose has arrived at Whaddon Road from Wigan Athletic and fellow midfielder Payne has joined from West Ham United. New Cheltenham boss Martin Allen has been looking to increase his midfield options after losing David Bird to injury for up to two months. Both his new recruits could feature against Stockport County on Saturday and Montrose is eager to build up his first-team experience. "I'm hoping to be in contention for the first team, and to gain some vital experience," Montrose told Wigan's official website. "Martin Allen is a good manager and I'm hoping I can get some playing time under my belt." Montrose has made two appearances in the Carling Cup for Wigan, while teenager Payne has yet to make his West Ham debut.
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McLeish considers Quashie loan - SSN
Blues boss impressed by midfielder, but in dark over Boateng
By James Dall Last updated: 24th September 2008
Birmingham City manager Alex McLeish will make a decision over whether to sign Nigel Quashie on loan in the 'coming weeks'. Midfielder Quashie, who is contracted to West Ham United but is out of favour at Upton Park, is currently training with the Birmingham squad. McLeish concedes the 30-year-old's fitness needs improving, but has confirmed he is strongly considering bringing him to St Andrews on a short-term basis. He said in the Birmingham Mail: "Quashie is still training with us, (it is) on-going. We'll try to get him to a level of fitness before we make a commitment there and we're looking at one or two other situations. "I don't want to name the names in case nothing happens but we do have to improve things. "Quashie's in pole position and he has looked good. He's definitely a player who would enhance our squad if he can prove his fitness. "He's got a good attitude. He's got a winning attitude. You can flippantly throw that term around, but I think he's got that type of steel we require for the ambitions that we have. "It's about making a final decision on Quashie in the coming weeks."
On the latest situation regarding another midfield target, Tottenham's Kevin-Prince Boateng, McLeish added: "I have not heard any more. My last report on Boateng was that he is still in Germany. "I really don't know if he's fully committed to coming back to play in England. I'd really need to hear that from the horse's mouth."
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West Ham legal issue over Carlos Tevez sets dangerous precedent - The Times
Martin Samuel, Chief Football Correspondent
The Right Honorable The Lord Griffiths, a man who collects lucrative legal commissions as enthusiastically as he does definite articles, is available as a mediator and arbitrator in the specialist areas of international and domestic commercial disputes, according to his CV. Pools forecasts are not mentioned, but even so, he could be worth a ring.
Griffiths can predict football matches, you see - right down to knowing how many points a team will get through a season, or in a sequence of matches. And using these special powers, he can factor in results from around England to give a precise monetary value on the worth of those wins. Griffiths is very talented. I bet he nails those ten home-wins coupons every week.
Yesterday, a tribunal led by Griffiths found that one player - Carlos Tévez - had decided the Premier League relegation issue in 2006-07, as fact. Not as opinion. Not with any vague doubt that the hundreds of other footballers, managers and coaches who were involved might have had some impact, too. Not with any pretence to evaluate their presence.
Griffiths said that Sheffield United went down because of Tévez. He, and two friends, then replayed the season in their mighty minds and, despite all of this action taking place in a hypothetical dimension, prepared to hand down a finite punishment, payable in hard cash. Be warned, this is what happens when you invite lawyers to the party.
It does not matter whether one has any sympathy for West Ham United. Senior club officials, including Scott Duxbury, who was inexplicably retained and promoted to chief executive, misled the Premier League over the signings of Tévez and Javier Mascherano, a scandal that could have resulted in the club being relegated. West Ham were fortunate that the league table was taken into account by the original independent commission, sitting on behalf of the Premier League, which decided to impose a financial penalty rather than a points deduction, for fear of deciding the relegation issue in a legal chamber, rather than on a football pitch.
Yet this ruling is as bad, if not worse, because it takes relegation issues away from the football pitch and back to the legal chamber. It sets a precedent that any relegated team with a grievance that can be put down cunningly to one incident, or one player, have a claim. The same applies to a team denied a prize, or perhaps a Champions League place. It moves English football nearer to the game in Italy or Brazil, where important issues are often not resolved until late in the close season and fixture lists are printed pending courtroom appeal.
Think of what happened between Watford and Reading on Saturday: the goal that never was. The Football League has announced that the match will not be replayed, despite a noble offer from Steve Coppell, the Reading manager. Yet what if Watford are two points short of promotion come the end of the season? What if Reading keep another team out of the Premier League by one point? Considering the Griffiths ruling, these clubs have a case against the Football League, or perhaps against Stuart Attwell, the referee.
It may not end there. Hull City looked to have started the season very well, then Danny Guthrie, of Newcastle United, broke Craig Fagan's right leg with a foul tackle. If the fortunes of the club take a downturn with the loss of an important player, to what extent is Guthrie, or his club, responsible? And what might that be worth? Now that Griffiths has determined that a season can be played out accurately in a man's head, where does this end?
Perhaps the one saving grace of the ruling in favour of Sheffield United is that the claim was for compensation, not reinstatement, although Kevin McCabe, the club's plc chairman, may feel empowered to push for the big one now. Welcome to a world of 21-team leagues, of relegationlawyers4U.com. Welcome to a world in which the most important player at your club is no longer the striker, but the QC engaged by the owner.
Can one man keep a team up or relegate another? We all say these things, but they are unproven opinions, not hard facts. I think that Tévez may have been the difference for West Ham that season, just as Chris Waddle was for Tottenham Hotspur one year and Matthew Le Tissier was for just about his entire career at Southampton. But do I know this? No. A million intangible factors contribute to events in each season and every one is unquantifiable in finite terms. Yet the FA's independent tribunal took into account as one of Sheffield United's witnesses the testimony of the chief football writer of The Daily Telegraph, who said that Tévez kept West Ham up.
Now, I have a great deal of time for the chief football writer of The Daily Telegraph. He is a friend and a professional whom I respect enormously. Yet he is no more an expert in this matter than any devotee of football. Neither am I. If writers could predict the outcome of matches so precisely that we could say for certain, not just as an opinion, what specific factors have won and lost games, or how a match would have panned out had a single participant been removed, we would not need to work. No journalist would present his views as anything more than informed estimation. It is a punt, really. All of it. A good one, we hope, and we like to think entertaining, but a punt nonetheless.
So why was the man from the Telegraph even called? Why does an independent tribunal with the power to pass a ruling that will change football in England irrevocably rely in part on speculation and guesswork? It beggars belief. From this day, every football administrator in every league in the land will open his postbag in the month after the season has ended wincing, for ever in fear of the writ that will take him to court on nothing more than prophecy.
Sheffield United have been hawking this case from commission to courtroom to tribunal until they have found men misguided enough to believe that they can imagine the league programme and legislate on these visions. So what, exactly, are supporters buying tickets for now, if what they see may be rendered meaningless by the interpretation of a committee at a later date? Had West Ham been deducted three points at the time of the first commission for lying to the Premier League, few would have complained. Once the decision to fine was made, however, any further punishment would have to be issued retrospectively, with the season over.
Sheffield United know precisely what adjustment needs to be made to achieve the desired outcome, which is why Tévez's worth to West Ham is always calculated at three points. It is the number required to keep Sheffield United up on goal difference, astutely overriding their failings, as if these, too, could be put down to a player in a different match, representing a different team.
Sheffield United lost more away matches than any other club that season and scored fewer goals away from home. That is not the work of Tévez. Neil Warnock, the manager at the time, fielded a weakened side against Manchester United and lost and his team won only a single match in the last five, against Watford, when Steve Kabba, a former player, mysteriously did not play for their opponents. That was not down to Tévez, either.
Kabba is the sort of figure who could become hugely significant now that matches can be played in the minds of lawyers. He is on loan to Blackpool, was formerly a Sheffield United forward who had been loaned to Watford, with the deal then made permanent. Before Sheffield United and Watford met on April 28, 2007, Warnock, and match preview articles published on both official club websites, stated that Kabba could not feature because of an agreement as part of his transfer.
Kabba had played in 14 of the previous 15 matches for Watford and all of the previous eight. Any arrangement regarding his deselection would be illegal and a case of third-party interference. When the statements about Kabba were brought to the attention of the Premier League, it launched an investigation and Watford provided contract details showing that no pact had been put in writing. "There may be gentlemen's agreements between managers that, in fairness, clubs know nothing about," McCabe said.
Yet Warnock was quoted in a local newspaper confirming that he had checked the issue and had been told that Kabba could not play, so it was not the manager's work. The most plausible explanation, therefore, is that a private deal was struck between clubs. To believe otherwise is to accept that an official information outlet of Sheffield United would carry false information uncorrected for several months, coincidentally replicated at Watford. Kabba-less, Watford lost 1-0.
And here is the rub. Who is to say that those three points for Sheffield United were any more, or less, significant than any match won by West Ham, with or without Tévez? And if West Ham could countersue, hire private investigators and subpoena everyone involved in the Kabba transfer to get to the bottom of it, would football have to peer deep into the brilliant mind of Griffiths and friends so that they could replay that match, too?
We all think that Tévez was a huge player for West Ham that season, but we cannot know for sure. We cannot faithfully evaluate his goals against the saves of Robert Green or the performances of Matthew Upson in central defence. Certainly, he cannot be held responsible for Sheffield United losing at home to Wigan Athletic on the final day of the season or Warnock's understrength team against Manchester United.
Yet we can begin to estimate the cost to football of Griffiths's foolish precedent. Right now, this is a row about money between two groups of very rich men, vainly dressed up as a fight between right and wrong. But where it goes from here cuts to the heart of Saturday afternoons, a time of the week that will increasingly cease to be of significance to football supporters - for, as we know, lawyers do not work on Saturdays.
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Olympic Stadium Talks Back On - West Ham Till I Die
BBC Sports Editor reveals that West Ham are about to enter preliminary discussions about taking over the Olympic Stadium in 2012. Earlier talks between the club and Ken Livingstone, when he was, had foundered despite the club offering £100 million to take it over. That, apparently, wasn't enough for Red Ken. The other stumbling block was the plan to scale back its capacity to 25,000. The new idea is to have a 50,000 capacity.
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Under-fire Hammers chief faces Premier League probe over his part in Tevez scandal - Daily Mail
By Matt Lawton
Last updated at 1:05 AM on 25th September 2008
West Ham chief executive Scott Duxbury is almost certain to be subjected to a new Premier League investigation into his role in the Carlos Tevez scandal. Premier League officials were still waiting yesterday to receive the full findings of the independent tribunal that concluded Sheffield United should be compensated by West Ham for their relegation in May 2007. Sportsmail yesterday revealed that the tribunal found Duxbury had ignored the Premier League's demand to rescind the third party agreement they had with Kia Joorabchian and instead gave the businessman's lawyer, Graham Shear, verbal assurances that the agreement still existed. West Ham insisted yesterday that they will stand by Duxbury. But, privately, senior figures at the Premier League are amazed he is still in a job. As the tribunal said in their report: 'If the Premier League had known what Mr Duxbury for West Ham was saying to Mr Joorabchian's solicitor (Graham Shear) following the commission's decision, we are confident the Premier League would have suspended Mr Tevez's registration as a West Ham player.'
Tevez played an important part in what remained of the season for West Ham, but only because the Premier League were told that the third party agreement that broke their regulations had been terminated. And the fact that the unilateral termination of the agreement led to litigation between West Ham and Joorabchian continues to satisfy the Premier League that their demands were ultimately adhered to.
But when Joorabchian demanded £7.1million in owed payments, his case was built around the claim that West Ham had entered into agreements behind the back of the Premier League to appease Joorabchian while ensuring that Tevez could play in the final three matches of the 2006-07 season. In the end, West Ham allowed Joorabchian to act as a consultant and he withdrew his claim. The Premier League may want to establish if Duxbury is responsible for that situation, having made verbal assurances to Shear and so strengthened Joorabchian's case. West Ham intend to appeal the verdict of the independent tribunal, which could order them to pay Sheffield United up to £30million, to the Court of Arbitration for Sport.
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West Ham to challenge ruling
East London club prepare to take Tevez fight to Court of Arbitration for Sport
By Jason Burt
Thursday, 25 September 2008
Independent.co.uk Web
West Ham United are to go to the Court of Arbitration for Sport (CAS) after receiving legal advice that they can overturn an FA tribunal ruling that could lead to them paying millions of pounds to Sheffield United over the Carlos Tevez affair.
The Premier League club issued a strongly-worded statement last night questioning the logic of the judgement which accepted Sheffield United's claim that Tevez was fielded when he should not have been – having been owned by third-party companies in breach of the rules – and played a vital role in West Ham's survival in 2007.
Sheffield United have submitted a claim for £30m in loss of earnings following relegation with the tribunal scheduled to sit next month to start deliberating on the scale of the damages. West Ham will undoubtedly dispute that figure but have also now decided to go to the CAS, which sits in Lausanne, Switzerland. The CAS will first have to decide whether the case falls under its jurisdiction.
The club will argue that they have already been punished for breaching Premier League rules over the signing of Tevez – they were fined £5.5m – and, crucially, that his contribution to the 2006-7 season cannot simply be taken in isolation. At the same time the Premier League is understood to be bemused by the tribunal's reasoning and have asked for a copy of the ruling.
In a statement West Ham said: "While we respect the judgement of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season. This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006-07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition.
"We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time. In light of this and the wider implications of this latest ruling for English football we have decided to ask that the case be considered by the CAS."
Those wider implications are thought to include the possibility of other clubs taking this course of action should they feel an injustice – such as a goal wrongly being awarded in a key game – is done to them. The tribunal's findings do appear to be based on a subjective and – some would say – emotional judgement.
The findings stated Tevez's services were worth at least three points to West Ham over the season and made the difference between remaining in the Premier League and being relegated. They also said that if talks between Tevez's adviser Kia Joorabchian and West Ham had been known to the Premier League they would have prevented him playing the final few matches of the season.
West Ham's chief executive Scott Duxbury has come in for criticism over the role he played in the saga but the club declared last night that his position was not under threat. Duxbury and the club's then chairman Eggert Magnusson insist they have never denied meeting Tevez's representatives at that time but that they were only seeking to either keep the player at Upton Park or find a way to sell him that would be approved by the Premier League.
The independent tribunal had found that Duxbury verbally assured Kia Joorabchian, the part-owner of Tevez, that the third-party agreement still existed even though he had informed the Premier League that it had been terminated so that he could play in West Ham's remaining games.
How Hammers could raise cash
Dean Ashton (Age 24, striker) £10m:
England international's stock continues to rise since joining West Ham from Norwich City for £7m in 2006. Recently linked with moves to Tottenham and Newcastle.
Rob Green (28, goalkeeper) £5m:
Shot-stopper who was in last England squad. Made £2m move from Norwich City in 2006. Saved three penalties last season and one this.
Matthew Upson (29, defender) £5m:
Centre-back endured injury-plagued start to Upton Park career. Came on as a substitute in England's recent 4-1 win in Croatia.
Mark Noble (21, midfielder) £5m:
England Under-21 captain has risen through the ranks at West Ham since making first-team debut aged 17.
Craig Bellamy (29, striker) £5m:
Welsh forward retains pace and eye for goal, demonstrated by strike against Blackburn last month.
Total: £30m
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FIFA will want West Ham to save Football - Cmon Yu Irons
25 September 2008 338 views
When other sites were saying West Ham cannot appeal against the decision made by the FA arbitration panel, COYI wanted everyone to realise that we could appeal by going to the CAS.
We are West Ham, we fight for what we want and we have done for decades, whether it be promotion, justice, or to be a club that the world will think of as the club that saved Football.
The arbitration panel awarded the case to Sheff U on pure speculation and nothing else, the decision is a mockery to justice and football and also opens the doors to 100's of claims that can and will be made against the bad referee decisions that determine the fate of clubs at the end of season from all around the world.
The Panel said Tevez alone contribited at least 3 points for West Ham to stay up, a referees bad decision could also be the loss of a point that relegates a team, and as we all know, referees make bad decisions every week.
By West Ham taking this to the CAS and hopefully winning we may just see the future of football being saved from turmoil and 100's of end of season court cases and arbitration panels and only your imagination can understand the damage made to Football in general.
I am so grateful we have a chairman/owner like Bjorgolfur Gudmundsson and his legal staff that will again fight for West Ham until the bitter end.
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If there is any justice sport will remain a law unto itself - Guardian
Those who like to mix professional sport with amateur jurisprudence will be delighted that West Ham are fighting back
It has been a busy week in the world of sporting arbitration, with McLaren losing its appeal in Paris against Lewis Hamilton's 25-second penalty for overtaking Kimi Raikkonen at the Belgian grand prix and Sheffield United being vindicated by a ruling from an independent panel that West Ham must pay the Yorkshire club compensation over the Tevez Affair.
Those who like to mix professional sport with amateur jurisprudence will be disappointed to note Hamilton has accepted the verdict against him, but no doubt delighted that West Ham are fighting back. The next stop for the London club is, apparently, Lausanne, home of the Court of Arbitration for Sport to appeal against the Tevez ruling, although not before the wise heads at the CAS take care of other business, of which there appears to be plenty.
The debate over the law and its place in sport is an old one and is, by and large, settled, with the consensus being that other than in the most exceptional - ie. self-evidently criminal - cases it is best if sport regulates itself.
This is a sensible state of affairs although it has left some sports with a problem, especially in an era when there is so much at stake financially. It is against this backdrop that the dispute over Carlos Tevez's period as a West Ham player during the 2006-07 season and the impact (or otherwise) he had on Sheffield United's relegation from the Premier League came before an arbitration panel headed by Lord Griffiths, a specialist mediator in the world of insurance and commerce. He is also a former president of the MCC and former captain of the R&A.
There is no doubt Lord Griffiths is a distinguished lawyer, and also that he has an interest in sport, but it does not change the fact that he and his fellow panel members had no right to reach a decision based on this crucial assumption: "We have no doubt that those [Tevez's] services were worth at least three points to West Ham over the season and were what made the difference between West Ham remaining in the Premier League and being relegated."
How could they say this? On the basis of the evidence provided by the former Sheffield United manager Neil Warnock, who said yesterday: "West Ham's lawyers used my book against us and picked out passages where I said a referee had cost us here, or a mistake there, but the tribunal obviously agreed with me when I said that Carlos Tevez had been instrumental"?
Or that of the man from the Daily Telegraph, who insisted Tevez's performance against Manchester United (he scored in a 1-0 victory) was the reason the London club stayed up yet in his report named goalkeeper Robert Green as man of the match?
This isn't to say that either of these witnesses were wrong, only that they were no more able than Lord Griffiths to state with certainty that Tevez was worth more than three points to West Ham, and that he was therefore the reason the club avoided relegation. This conclusion might sit uncomfortably with Sheffield United fans, not least because their club is justified in arguing it was wronged - if not by West Ham, then certainly by the Premier League, which failed to impose a tougher penalty after its myriad obfuscations when asked to explain its dealings with those who owned the Argentinian's playing rights. It might also grate with those who view arbitration panels as a necessary buffer between sport and the law courts. Without Lord Griffiths and his ilk, the only place left for an aggrieved party is the Royal Courts of Justice, it could be argued.
Such fears can be easily countered. The problem is not arbitration, but the failure of those who arbitrate to understand that in sport some things are unknowable or at least cannot be measured beyond the boundaries of speculation. The precise contribution of an individual to a club over the course of a football season is one of those things.
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How West Ham were finally nailed for their Tevez transgression
David Hytner The Guardian, Thursday September 25 2008
1 When did the saga begin?
Rumours of a takeover were swirling around West Ham towards the end of the 2006 summer transfer window when the club announced the shock capture of Carlos Tevez and Javier Mascherano. In their haste on deadline day, West Ham seemed to turn a blind eye to the players' registrations being in breach of Premier League rule U18, which relates to third-party ownership.
2 Why is third-party ownership frowned upon?
The League does not want anyone outside of a club to be able to materially influence their policies, not only in terms of selection but, potentially, when and where a player could transfer to. Kia Joorabchian, who was linked to a consortium which failed to take over West Ham, was the backer of Tevez and Mascherano.
3 When did West Ham come clean?
In January 2007, Liverpool set the wheels in motion for a deal to sign Mascherano but they noticed irregularities in his ownership which they knew would not get past the Premier League. Nick Igoe, the finance director, told Eggert Magnusson, who fronted the takeover, to send the contracts of both Tevez and Mascherano to the Premier League.
4 How did it turn nasty?
The Premier League charged West Ham for breaching their rules over the signings of the players and, the following month, an independent three-man panel, chaired by Simon Bourne-Arton QC, imposed a record fine of £5.5m on them and criticised them for their "dishonesty and deceit". However, the panel ruled against a points deduction at what was a delicate stage of a relegation battle, taking pity on the club's supporters. Scott Duxbury was accused of "misleading" Jane Purdon of the Premier League. Paul Aldridge, the former managing director, was said to have told a "direct lie".
5 What were West Ham found guilty of?
A breach of U18 and also of rule B13, which dictates that clubs act with "the utmost good faith" to one another and the Premier League. The League also ruled that with Mascherano out of the equation at Liverpool, "the registration of Carlos Tevez can be terminated".
6 But didn't Tevez play the final three matches of the season?
He did, and he helped West Ham to nine points, which proved decisive in keeping them up. West Ham had gone to the Premier League and given them verbal and written assurances that Tevez's old contract had been ripped up. West Ham were subsequently engaged in litigation with Joorabchian, who said that they had no right to unilaterally terminate the original agreement. The dispute was settled out of court.
7 How did West Ham's relegation rivals react?
With fury. They called on the Premier League to reconsider the decision not to deduct points and Sheffield United, supported by Fulham, who stayed up, launched an appeal, with the aim of being reinstated. It was heard over the summer by another independent panel, chaired by Sir Philip Otton, but he found against them. Like Bourne-Arton, he had grave reservations about West Ham's actions but found no errant point of laws upon which to overturn the ruling.
8 Did Sheffield United let it lie there?
No. They took their grievance to the high court but, again, lost. The high court had great respect for Otton, a senior circuit judge. But Sheffield United then chose to sue West Ham for monies lost, pursuing them under the Football Association's rule K. West Ham were bound to agree to the arbitration and the latest three-man panel, chaired by Lord Griffiths, found for Sheffield United.
9 What did Griffiths say?
That without Tevez West Ham would have gone down. West Ham reacted with incredulity - "we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season." Sheffield United plan to push for losses of more than £30m. Griffiths, who will rule on the compensation figure, said that Duxbury had promised to tear up the third-party agreement over Tevez but privately honour the agreement with Joorabchian.
10 Why were Tevez and Mascherano allowed to join Manchester United and Liverpool respectively?
Because both clubs carefully picked apart the legal minefield of their ownerships and were able to satisfy the Premier League that there was no possibility of any outside influence. The structure that both clubs used were based on the loan deals which are already widely employed.
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Duxbury to carry can for Hammers' Tevez deception
David Hytner The Guardian, Thursday September 25 2008
West Ham United's chief executive Scott Duxbury could lose his job in the fallout from the latest revelations in the Carlos Tevez affair. But the east London club are expected to be spared any further Premier League investigation or charges and make a relative escape in the form of a payment of millions of pounds of additional damages, this time to Sheffield United.
The full findings of the independent arbitration panel, chaired by Lord Griffiths and set up following United's civil action against West Ham, have not yet been made public. Indeed the Premier League is still to view the three-man body's judgment and does not expect to do so until the end of the week.
But leaks to newspapers have implicated Duxbury. The tribunal found that he publicly promised to tear up the third-party arrangement that governed Tevez's ownership but secretly agreed to honour it with the striker's backers - the public face of whom was the agent Kia Joorabchian - even though it was against Premier League rules.
United were relegated from the Premier League in 2006-07 as West Ham survived due in part to Tevez's goals. United claimed Tevez should not have been registered to play because of the complications surrounding his ownership and their long-running campaign finally yielded a dividend with Griffiths' ruling.
He and his fellow panellists decided that Tevez was worth at least three points to West Ham that season, the margin by which they survived and United went down. United have demanded more than £30m for revenue lost since their fall into the Championship and the panel will begin calculating a figure for them next week. But the Premier League, in the face of Griffiths' assertion that West Ham, or more precisely Duxbury, misled them over Tevez, are bound by legal precedents.
It is difficult to reconcile the notion that a club should not be held accountable for the actions of one of its more senior employees but the Premier League, once it has digested the Griffiths report, which bucked the trend of previous panels and courts in finding for United, is expected to pursue Duxbury and not West Ham as a corporate entity.
The original independent arbitration panel, chaired by Simon Bourne-Arton, which delivered its findings in April last year, was hugely critical of West Ham's conduct in initially covering up the irregularities in the ownership of Tevez and Javier Mascherano, who both joined them before the closure of the summer transfer window in 2006. West Ham pleaded guilty to a breach of rule U18, concerning third-party ownership, and were fined a record £5.5m, but they did not suffer a deduction of points.
West Ham immediately made representations to the Premier League, assuring it verbally and in writing that with Mascherano already gone to Liverpool, they had ripped up Tevez's contract and replaced it with a more conventional one. Tevez, who would move to Manchester United at the end of that season, was duly cleared to play in West Ham's final three league matches, in which his team secured a maximum nine points.
Despite the fresh findings of Griffiths, the Premier League insist that it strictly enforced the revised terms of Tevez's contract, which had no third party ownership in it, and it points to the subsequent legal battle between West Ham and Joorabchian as evidence that the club were true to their word. West Ham reached an out-of-court settlement with Joorabchian while Manchester United paid £2m directly to West Ham when Tevez completed his protracted transfer to them.
Sheffield United, who were relegated on the final day of the season, appealed against the Bourne-Arton judgment not to deduct points from West Ham but they were overruled by another independent three-man panel, chaired by Sir Philip Otten. Their subsequent attempt to take their case to the high court was thrown out. The findings of Griffiths have threatened to reopen a "can of worms", as one insider put it.
West Ham last night confirmed they will appeal to the Court of Arbitration for Sport against Griffiths' findings. A statement on the club's website said: "This ruling undermines the significant efforts of our entire playing squad and coaching staff over the duration of the 2006-07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition.
"We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time."
Meanwhile, the club are standing by Duxbury. "We are still digesting the findings of the tribunal but the position of Scott Duxbury is not under review," a spokesman said. Duxbury was the club's legal and commercial director when Tevez and Mascherano arrived but, despite criticisms of him by Bourne-Arton, he was promoted to his current role of chief executive. He is the surviving link to the former chairman Terry Brown and the former chief executive Paul Aldridge, who West Ham's new regime, under Bjorgolfur Gudmundsson, have been able to blame for setting the snowball rolling on the Tevez debacle. Brown and Aldridge were in charge when the signings were made.
The damage done to West Ham has been great, not only in terms of the millions they have paid out and the sums that they appear liable for. Heads have rolled and now it is Duxbury who looks increasingly isolated.
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Hammers Call in United Lawyer - The Sun
By ANDREW DILLON
WEST HAM have hired legal whizz Maurice Watkins to lead their fight against a £30million payout in the Carlos Tevez affair. The ex-Manchester United director and top solicitor Watkins has signed up after the Hammers sacked their lawyers in the fallout from Monday's bombshell ruling. An independent tribunal ruled that West Ham are liable to pay up to £30m compensation to Sheffield United in the long-running battle over the Argentina striker. The Blades were relegated in 2007 when Tevez played a key role in keeping West Ham in the Premier League after signing an 'illegal' deal with the Hammers. They were fined a world-record £5.5m but Sheffield United insist the East Londoners should have been relegated in their place. Tevez subsequently moved to Old Trafford where Watkins still acts as the club's legal advisor despite leaving the board during the controversial takeover by the Glazer family in 2005. West Ham believe Watkins will give them the best chance of reducing the financial impact of the compensation order after growing fed up with their own team of lawyers. Travers Smith were axed on Tuesday — 24 hours after a three-man panel ruled in favour of the Blades to reopen one of the most bitter courtroom wrangles in football history. Watkins, who defended United star Eric Cantona after his infamous kung-fu kick on a Crystal Palace fan, will lead the Irons' appeal at the Court of Arbitration of Sport in Switzerland. A West Ham statement read: "We do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season. "This ruling undermines the significant efforts of our entire squad and coaching staff over the duration of the 2006-07 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition. We acknowledge again that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time."
Any hope of West Ham chasing ex-chairman Terry Brown for cash if they are made to pay is set to fail. Banker Brown, who was in charge when Tevez signed in August 2006, walked away with £30m when he sold the club to Bjorgolfur Gudmundsson four months later. But his settlement package with the new owners is watertight and the club will have to foot the bill for the mucky transfer overseen by Brown.
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Ex-West Ham workhorse Lomas in line to take the helm at Colchester - Daily Mail
By Sportsmail Reporter
Last updated at 2:02 AM on 25th September 2008
Former Northern Ireland captain Steve Lomas is in the running for the manager's job at Colchester. Lomas has put his name forward to replace Geraint Williams, having gained his coaching badges in the summer. The former West Ham midfielder retired from playing at the end of last season. Williams left by mutual consent after the club took only five points from their opening six games. Kit Symons has taken over as caretaker.
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Former West Ham star Steve Lomas wants Colchester job - The Mirror
By Football Spy 25/09/2008
Steve Lomas is in the frame to succeed sacked Geraint Williams as Colchester United boss. The former West Ham and Northern Ireland skipper is keen to cut his teeth in management. Lomas already has his coaching badges and believes his contacts would help the League One strugglers tap into the youth and loan market.
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Shefiield United will splash West Ham's cash on Wigan's Michael Brown - The Mirror
By Football Spy 25/09/2008
Kevin Blackwell is chasing Michael Brown and Peter Halmosi as he gets ready to spend his windfall from Sheffield United's legal victory over West Ham. The Blades are demanding £30million in compensation from the Hammers after an independent tribunal found in their favour over the Carlos Tevez affair. Blackwell will receive a big chunk of the final figure, which will be set by another hearing. lackwell wants players on loan until the transfer window opens in January and Blades old boy Brown is his No.1 choice. The United boss failed to lure the Wigan midfielder back to Bramall Lane during the summer because of a lack of cash but can now match Brown's £20,000-a-week Latics salary. Blackwell will also return for Halmosi who turned him down to join Hull from Plymouth in the summer. The Hungary winger has struggled to get first team action at the KC Stadium.
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If anyone is to blame for Carlos Tevez debacle it is the Premier League - Telegraph
By Brian Moore
Last Updated: 8:26AM BST 25 Sep 2008
One of the first comments that will be made on the ruling of the independent tribunal in the matter of Sheffield United against West Ham United will be that it was not that of a court. Maybe, but this will not wash because the panel are all highly qualified legally and both parties nominated one of the panel.
This jurisdiction was mandated under Football Association rules and there is no right of appeal. That does not mean it is impossible to appeal, but the process is tortuous and legally difficult. West Ham, against whom the panel ruled, are now in a very difficult position.
There are some who question why this case was allowed to be brought at all, given that the question of playing the ineligible Tevez was dealt with by the Premier League and West Ham fined £5.5 million.
Unfortunately, unless it is clearly frivolous or vexatious a court or tribunal cannot throw out even an unlikely case, unless they find evidence from which they can conclude that it has no prospects of success, even if the factual matrix (list of actual facts pertaining to a case) averred by the party seeking damages is accepted.
What this tribunal had to decide was – had it not been for Tevez, would West Ham have won enough points to stay up?
Much was made of Tevez's contributions to the West Ham win over Manchester United at Old Trafford, but they would also have considered the fact that Tevez had scored six goals in West Ham's previous nine games. The tribunal decided they would not, and the damages flowing therefrom will be the subject of a further hearing.
The point has been forcefully made by many in the football world — in and out of the media, that nobody is able to know what the results would have been had Tevez not played following his ineligible registration. The debate over this sort of issue sinks quickly into philosophical realms. The tribunal decision would not have passed the first meditation of Descartes and his basic strategy of considering false any belief that falls prey to the slightest doubt. This "hyperbolic doubt" is summoned to criticise what is labelled a 'guess' by the tribunal.
The emotions that surround this matter are strong and cloud the real issues; the element of 'morality', in itself a hugely questionable concept, is with Sheffield. They went down and suffered all which that entails. Their most direct rival played an ineligible player and stayed up.
Though the decision of the tribunal, indeed of any ruling body, is open to question, that does not in itself make it wrong, whatever the Father of Modern Philosophy states. If these bodies did not indulge in this kind of speculation there would be no civil jurisdiction within which claims could be decided. You may not like this, but it is the foundation of the civil legal system and is used to decide cases infinitely more complex, and could I cause controversy by saying with more importance, than the one in issue.
Those who criticise the ruling by using the claim that it is no more than crystal-ball gazing are stating a truism. Moreover, one that is rejected by all litigants who accept the strictures faced by the body from which they seek the ruling.
Those who speculate about what would have happened had former Sheffield United player Steve Kabba played for Watford against his old team, in United's only win of their last five matches that season, are missing the point. That was not an issue over which this tribunal were asked to rule. If it had been, for example in a pleading from the respondent, then it would have been dealt with in the same way, on the balance of probabilities.
The precedent set is not a welcome one, but the alternative is to say that there is no right of redress at all in matters which involve calculated estimation of fact and consequence — i.e. anything at all.
Decisions are made with some regard to the precedent they may set, but this is not and should not be the deciding factor in the decision to be made at that time. What others decide to do as a consequence involves as much speculation as that decried in the judgment in which the precedent is created. How do you know that it will lead to a flood of challenges to all manner of football issues?
Finally, I question whether West Ham were the cause of any damage suffered, given that the eligibility issue had been ruled upon and they had been fined by the Premier League. Once that decision had been made I believe they were entitled to consider the ineligibility issue closed.
Whether they should have had points docked and not a fine is a different argument, but not one which Sheffield United thought important enough to launch legal action at the time. If anybody caused this damage it was the Premier League, who allowed West Ham to continue fielding Tevez.
Faldo pays for failing to keep it short and sweet
The tactical nous of Nick Faldo during the recent Ryder Cup has been sufficiently scrutinised, but I want to highlight something else.
As a very reasonably priced after-dinner/motivational speaker, I am sometimes consulted by men facing the dreaded best man's speech. The advice is always the same — if you cannot tell me an amusing anecdote, what makes you think you will be able to do so in front of a larger audience?
Nobody is ever criticised for keeping a speech short, relevant and sincere; the more you say, the greater the potential to cock things up.
Whatever is decided about Faldo's future as captain, he needs to be told this. Much of the bile that has been heaped upon him has its origin in the impression he created during his aberrant utterings in public.
LTA should not get bogged down with Bogdanovich
A note of thanks to Andy Murray for following Tim Henman's support of British competition in the Davis Cup; a note of admonishment for the Lawn Tennis Association's continuing selection and funding of Alex Bogdanovich.
As the latter has proved incapable of winning anything near an important match, there is no point in believing he will do so this century. Even if a younger player is not at present his equal, the experience and development of someone with potential to become a top player is a better use of resources.
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Watkins To West Ham's Rescue - Goal.com
According to The Sun, West Ham have drafted in Maurice Watkins, the Manchester United director, to oversee their appeal against charges relating to the ongoing Carlos Tevez saga...
The Hammers have sought new legal representation after an independent judiciary panel ruled this week that the club must shell out £30million in compensation to Sheffield United.
The Blades claim that their relegation from the Premier League in 2007 was a direct of Tevez's illegal transfer to Upton Park at the beginning of the campaign. The Argentine forward was instrumental in the Londoners' amazing escape from the drop, which was sealed when he scored the winner against the Red Devils - for whom he now plays - on the last day of the season.
West Ham were fined a record £5.5million by the Premier League but were not deducted any points - a controversial decision which meant their total of 41 was enough to keep them up at the Red and Whites' expense.
Sheffield could have avoided demotion had they not lost to Wigan Athletic on the same day, however, and West Ham are convinced that this crucial fact effectively nullifies the Yorkshire club's complaints.
Hence, they are determined to fight the charges and have hired Watkins to head their case, which is destined for the Court of Arbitration for Sport.
The Manchester-based lawyer is renowned as one of Britain's top solicitors, having represented players and clubs before FIFA and UEFA tribunals and overseen countless big-money transfers during his time at Old Trafford.
Watkins is perhaps most famous for his defence of United legend Eric Cantona after the Frenchman's infamous kung-fu kick on a Crystal Palace supporter in 1995.
Cecil Braun
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West Ham to appeal Carlos Tevez ruling - Telegraph
West Ham United have enlisted the help of Manchester United director and legal expert Maurice Watkins in their appeal to the Court of Arbitration for Sport (CAS) over Sheffield United's compensation claim of more than £30 million.
By Jeremy Wilson
Last Updated: 8:24AM BST 25 Sep 2008
West Ham United have enlisted the help of Manchester United director and legal expert Maurice Watkins in their appeal to the Court of Arbitration for Sport (CAS) over Sheffield United's compensation claim of more than £30 million. After an FA independent arbitration tribunal had ruled in Sheffield United's favour, West Ham confirmed that they now intend to challenge that verdict at the CAS headquarters in Lausanne. The three-man arbitration panel, which was chaired by Lord Griffiths, a former president of the MCC, remains active and will hold a directions' hearing next week at which the timetable for deciding a final compensation figure will be agreed.
West Ham, though, have taken a range of legal advice and will open dialogue with CAS to see if some or all of the case can fall under their jurisdiction. As the FA's arbitration process is supposed to be final, there are conflicting legal opinions over whether West Ham will be successful. However, it is understood that they were encouraged by conversations with Watkins, a solicitor who has also previously advised Fifa, Uefa and the Premier League. West Ham have also hit-out at the "disgraceful" leaking of the arbitration panel's ruling - something which has happened against the wishes of Lord Griffiths, who had made it clear to all sides that he did not expect any publicity until the case, including the decision over compensation, had been concluded.
In a club statement, West Ham indicated that they would base their appeal to CAS on the contention that Carlos Tevez's contribution to their survival in the Premier League had been exaggerated, as well as their concerns over the precedent that had been set by the panel's ruling.
The tribunal concluded that Tevez had made at least three points difference to West Ham during the 2006-7 season, but this has been disputed by West Ham.
"While we respect the judgment of the FA arbitration panel, we do not accept that one player's contribution can be placed over that of the team as a whole nor used as the basis for judging the results of a 38-game season," said the club statement.
"This ruling undermines the significant efforts of our entire playing squad and coaching staff during the duration of the 2006-7 Premier League season and does not take sufficient account of the performances of the other 19 clubs in the competition.
"We acknowledge that the club broke Premier League rules in the original signing of Carlos Tevez but we were dealt with accordingly by an independent Premier League commission and accepted the significant punishment handed down at that time."
West Ham were fined £5.5 million by the original commission, but the decision not to dock them points infuriated Sheffield United.
There have also been fresh allegations over West Ham's conduct after unilaterally terminating the 'third-party agreement' with the companies that owned economic rights to Tevez so that the Argentine could continue playing.
The arbitration tribunal heard claims from Graham Shear, the solicitor for Tevez's representative Kia Joorabcian, that West Ham chief executive Scott Duxbury had given verbal reassurances that they still intended to perform their obligations under the original agreement.
The tribunal's findings state that: "If the Premier League had known what Mr Duxbury for West Ham was saying to Mr Joorabchian's solicitor following the commission decision, we are confident the Premier League would have suspended Mr Tevez's registration as a West Ham player."
West Ham accept that they unilaterally terminated the agreement and that they held meetings with Joorabchian and Shear, but insist they had always intended to find a solution at the end of the season.
In the end, Joorabchian was forced to pay £2 million to release Tevez's registration, before coming to a separate agreement with Manchester United. Duxbury was previously the club's legal and commercial director and West Ham have stated that his position is "not under review".
The key players in Tevez saga
Carlos Tevez and Javier Mascherano: Argentina internationals who unexpectedly arrived at West Ham in August 2006. They have since moved to Manchester United and Liverpool, respectively.
Kia Joorabchian: The representative of Mascherano and Tevez.
Paul Aldridge: Former West Ham chief executive who was criticised by the Premier League's original independent commission. Now the chief operating officer at Manchester City, he was not called as a witness and given the chance to defend his actions.
Scott Duxbury: West Ham's chief executive, who was previously legal and commercial director. Backed by the club despite the criticism of his role from the tribunal concerning Tevez's 'third-party' agreement.
Kevin McCabe: Sheffield United chairman who attempted an appeal through High Court before winning case with independent arbitration tribunal.
Bjorgolfur Gudmundsson: Became West Ham owner after Tevez and Mascherano joined and admitted to previous regime's breach of rules.
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West Ham will take compensation case to the CAS - The Spoiler
September 24th, 2008 · No Comments
West Ham are planning to approach the Court of Arbitration for Sport to appeal the tribunal ruling in favour of Sheffield United, according to BBC Sport's news ticker.
The FA yesterday released a statement in which they said: "There is no further right of appeal under FA rules." However, the East London club were apparently dissatisfied to learn that they may be forced to pay £30 million based on the tribunal's assumption, for which they took advice from journalist Henry Winter, that they stayed up solely because of Carlos Tevez's contribution and are prepared to take the case to the top.
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Green happy at Hammers - Newham Recorder
24 September 2008
WEST HAM and England goalkeeper Rob Green has pledged his future to the club following his summer dispute over a new contract. The 28-year-old, who signed in a £2million deal from Norwich City in the summer of 2006, was said to have been unhappy with the wages he was receiving compared to other players at West Ham.
However, Green has stated that the problem had little to do with money. "It wasn't so much about my pay, it was about my willingness to sign a new contract which was forthcoming from one side but not the other," he said. "I'm more than happy at the club. I love the club, hence me wanting to stay for longer."
So it seems that any prospect of a new contract for Green is firmly on the backburner, as the goalkeeper confirmed. "That was it," he admitted. "That was the principle of it. "I would have liked to have signed a new contract for longer and they said 'no thanks, you've got long enough', so that's life." Green has certainly been impressed by what he has seen of the new regime at Upton Park. "It's been good," he said. "The manager's come in and has new ideas and ways of playing. Sometimes it's better and sometimes it doesn't work, but all the lads have been wanting to work for him.
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Simply the best - Newham Recorder
24 September 2008
THE age-old question of what would be West Ham United's best-ever team was the topic for discussion when five former Hammers took to the stage at the Queen's Theatre in Hornchurch last week, writes STEVE BACON. Billy Bonds, David Cross, Alan Devonshire and Phil Parkes gave their selections to a packed house in the Football For Fans Dream Team evening, hosted by Tony Gale. The criteria for selection were that players had to have made at least 100 appearances for the club and were not a current player. After much deliberation the quartet finally reached agreement and named the following 'Dream Team'. Phil Parkes, Ray Stewart, Frank Lampard snr, Bobby Moore, Alvin Martin, Martin Peters, Trevor Brooking, Billy Bonds, Alan Devonshire, Geoff Hurst and Bryan 'Pop' Robson.
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West Ham eyeing Olympic stadium - Newham Recorder
24 September 2008
AMID ALL the doom and gloom of a harrowing week for West Ham United and their fans, a glimmer of light seems to have appeared on the horizon. With the prospect of the club moving to their designated new headquarters, at the Parcelforce site close to West Ham underground station, looking more and more remote, they are now hoping to resurrect their plans to move to the Olympic Stadium. The election of Boris Johnson as the new London Mayor has reopened the debate over the legacy of the Olympic Stadium in Stratford after 2012, and though West Ham would find it difficult to buy it outright in the current climate, there may be an alternative. West Ham will meet with the government to try and thrash out the prospect of renting the stadium in much the way Manchester City do with the City of Manchester Stadium, previously used for the Commonwealth Games. The policy under former Mayor Ken Livingstone was that the stadium would be scaled back from an 80,000 capacity to one of 25,000, with athletics being the principal sport there. However, an alternative would be to make it a 50,000 capacity arena, with retractable seating over the athletics track. Everything, of course, depends on West Ham's finances over the next two or three years. They still await the level of compensation that they will have to pay Sheffield United over the Carlos Tevez case, while club owner Bjorgolfur Gudmundsson has already been hit hard by the worldwide credit crunch, with his Icelandic bank suffering problems, and XL Holidays, of which he was the major backer, going into administration. Still, West Ham fans may well be happy with any crumb of comfort this week!
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Return of Italian flair - Newham Recorder
24 September 2008
HE HAS a long way to go to emulate that other great Italian legend at West Ham, but after just two appearances in claret and blue, David Di Michele is already hitting the headlines, writes DAVE EVANS. Just like Paolo Di Canio, there is a confident strut about the field and the ability to beat players at will from the Hammers new loan signing, and with two goals and two assists already to his name, the man who scored for Palermo against West Ham two years ago, has quickly won over the fans.
It hasn't all been plain sailing however. In the second half at West Brom last week and on Saturday against Newcastle, his lack of match fitness was apparent for all to see. The 32-year-old spends much of the game on his backside, while the way he stepped out of a challenge to allow Newcastle to go and score on Saturday, was something that would have made manager Gianfranco Zola cringe. The boss was certainly full of praise for the striker he inherited: "I told him that while he can do unbelievable things, he needs to improve his finishing - today he listened to me!" exclaimed Zola.
Unbelievably
"He did unbelievably well and I've seen him do unbelievable things in Italy many times too. Compared to the other parts of his game, maybe his finishing is lacking, but he can work on that and improve." He certainly should have added to his tally on Saturday. First he blasted over from just inside the penalty area, and then twice he made the wrong decision in the box, first failing to pass to Freddie Sears and losing the ball, and then attempting a pass to the young striker when a shot was the obvious way to go. Look at him play though and the sight of Di Canio quickly comes to mind. "I hope that he can do as well as Paolo Di Canio did for these supporters," said Zola. "He has everything in his bag to be a successful player for West Ham and I hope that he becomes an important player for the club." Di Michele was quick to praise the West Ham fans and the atmosphere inside Upton Park for Saturday's game.
Occasion
"It was a great occasion," he said. "I didn't expect to start in such a way in front of the home crowd. "I am so happy to have scored two goals and that we have won."
He continued: "For me it was an atmosphere that I am not used to, it was unbelievable and the fans helped me to focus." The Italian also accepts that he maybe should have added to his brace of goals. "I probably could have had three goals," he admitted. "I missed the shot in the second half with my left foot. I should have been more accurate with that and I would then have got the match ball, but it was not to be - maybe next time," said Di Michele. The comparisons are there for all to see, but West Ham's new Italian refuses to be measured alongside Di Canio.
Respected
"I am just David Di Michele," he said. "Paolo Di Canio was a great, great player for West Ham and he has to be respected for what he did at this club. "My hope is to do well and to make a name for myself at such a big club. I will give my all to do this,"he said through an interpreter. Unlike Zola, Di Michele will need to improve his English if he is planning a long stay in east London, but midfielder Scott Parker is certainly not worried about his lack of communication skills so far. "He struggled a little bit with his English, but if he keeps banging them in he can speak whatever language he wants," laughed Parker. "He's done really well today and technically he's a brilliant player. He gets into spaces and he's good to play with, especially as a midfield player. You can always find him, and he showed his quality today with two good finishes."
He certainly did. Just think what he may do when he is fit!
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Players embrace new intense training with smiles on faces - Newham Recorder
24 September 2008
ASK ANY player what the philosophy of new boss Gianfranco Zola is, and chances are they will all come up with the same answer - he wants the players to enjoy themselves! It is probably not a new thing, but after nearly two years under Alan Curbishley, it may well be the perfect way for the club to start moving forward.
Midfielder Scott Parker is certainly enjoying things: "It's been a really good week," he said after Saturday's 3-1 win over Newcastle. "The new manager has come in and brought in different ideas, and though it is tough because you have your own ways, I think the lads have grasped them really well." He continued: "The manager wants us to play football, he wants to try and control the game, be patient and I think you've seen that out there. "I think the one thing he has emphasised with us is to enjoy the game and we certainly did that today."
Luis Boa Morte, who came on as a substitute, only to miss a sitter in injury time, is still upbeat about life at Upton Park. "Everyone seems motivated," insisted the former Fulham winger. "I'm not saying we weren't motivated with Curbishley, but now everyone is motivated and working really well. "We have really taken on board what's been said by the manager, Steve Clarke and Kevin Keen and with the three of them you can only become better players."
West Ham certainly played with flair and style on Saturday, and according to the Portuguese midfielder, it's all down to that word enjoyment again. "The football is all about enjoying it when you are out there because that's what you do and that's what you like to do," he confirmed Parker certainly knows why the inexperienced Italian has started so well. "He's a calm man," said the midfielder. "When he speaks, you listen. He commands a lot of respect. "He was a brilliant player and at the end of the day he's got some really good ideas and the lads have taken to him really well."
With assistant Steve Clarke looking to instil the steely determination of Chelsea alongside Zola's intensity, these could be tough, but very rewarding times for West Ham's current squad.
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Hammer blow! - Newham Recorder
24 September 2008
WEST HAM could fight a possible £30million compensation claim in the Court of Arbitration for Sport after Sheffield United celebrated victory in the latest round of their conflict over Carlos Tevez, writers DAVE EVANS. The Hammers were fined £5.5million, but not deducted any points after pleading guilty to not disclosing a third party interest in Tevez when he was at Upton Park. But when Sheffield United were relegated at the end of the 2006/07 season, the Blades claimed it was down to Tevez, who they said was ineligible. And now, some 16 months later, they have been backed up by an arbitration panel, who revealed their findings on Tuesday morning.
Panel chairman Lord Griffiths said: "On the totality of the evidence, we have no doubt that West Ham would have secured at least three fewer points over the 2006/07 season if Carlos Tevez had not been playing. "Indeed, we think it more likely than not on the evidence that we heard, that even over the final two games of the season, West Ham would have achieved at least three points less overall without Mr Tevez."
The result of the case should have gone a long way towards explaining why West Ham were willing to sell some of their prize assets during the transfer window, but in a club statement on Tuesday, they denied that was the case. "With regard to the club's transfer activity this summer, we made no assumptions in terms of the arbitration panel, and were only informed of the ruling on Friday," said the statement. "The only considerations taken into account were our previously stated aims of improving the first team with top quality players, committed to the future, and a reduction in the size of the squad, in turn raising additional revenues for the club."
Sheffield United supremo, Kevin McCabe, merely stated: "I can confirm that the clubs have been notified of the ruling which is in our favour." But former Blades boss Neil Warnock was much more forthright in his views. "It's a matter for justice and I think everyone in the country knows this is the right verdict," he insisted. "This justifies what Kevin McCabe has said all along, that we were hard done by, that it wasn't done legally and we were fighting for our rights. "It was scandalous. It changed one or two lives and it shouldn't have happened. "This verdict puts your faith back into the justice system."
West Ham are likely to wait until the final compensation figure is revealed by the panel, at a date to be fixed, before deciding a course of action, but anything close to that horrific figure of £30million that Sheffield are demanding, and there will certainly be trouble ahead. One man in the firing line could be current chief executive Scott Duxbury whose role in the Tevez affair, is also likely to come under intense scrutiny once again.
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Zola brings a wave of optimism - Newham Recorder
24 September 2008
NEW BOSS Gianfranco Zola rose from his seat and walked purposefully to the edge of the technical area to issue some instructions and immediately the fans were on their feet, chanting his name, and imploring him to 'give us a wave' writes DAVE EVANS. However, nothing came back from the diminutive Italian. Not a sign of his distinctive grin, not a single gesture for the fans, and it was something that Zola felt he had to express his regret about. "I do apologise to the fans because they told me they were shouting my name, but I couldn't hear anything," explained Zola after Saturday's 3-1 win over Newcastle United. "My mind was completely crossed! They have been very supportive to me and to the players and that is the way it should be all the time, so I am very pleased with that."
There are still a lot of things to sort out at Upton Park, but already the arrival of the Italian seems to have sent a breath of fresh air through the camp. Alan Curbishley was considered by many as dour and negative, and many of his team's displays showed those characteristics. Not so, Signor Zola. His emphasis is on attacking, and on the players enjoying themselves! "Football has to be enjoyment," he insisted. "First of all for the players, if the players enjoy playing then the results they get are much better. "I know there are also times when you have to work hard and make sacrifices, but you don't feel that when you are enjoying what you are doing."
Work on the training pitch is what Zola thinks is vital if his team are to improve, and that means getting fitter, but only when the players have got the ball at their feet.
"I have my system. I like to train a lot with the ball, a lot of intensity during the sessions," he explained. "I know they are very demanding, but they are always with the ball and a lot of enjoyment, the players say to me that they like it very much. "We like to do the physical side of our training with the ball, so that the players work hard, but they don't think that they are working hard! "I used to work seven or eight hours every day on my game, but I didn't feel the stress or the fatigue, and I want the players to get to that point."
And there perhaps lies the secret of successful football. Zola had a God-given talent for football, but so have many others, and it was his dedication and hard work on the training pitch which turned him into a world class player. But this is his first job in charge of a football team and it is inevitably going to take time for him to get used to it. "It is very strange to see manager next to my name," he admitted. "I have been nervous every single moment of the week. At the beginning you don't know how the players are going to react to what you are telling them, so you are aware of many things, but to be honest the players made it very comfortable for me."
Some suggest Zola is too nice a character for the cut-throat world of the Premier League, and that he will have to rely on assistant Steve Clarke to provide the menace and the threats, but the Italian is determined to show that he is no pushover, despite everyone in the game describing him as a 'gentleman'. "This is a difficult, new challenge," he confessed. "When I was a player I relied a lot upon my qualities and now I need to think about many things, but it's a challenge and I like challenges.
"I like to test myself with new things and I'm sure that I can do well. I've also got great people around me - Steve Clarke, Kevin Keen, Antonio Pintus - and they'll be helping me a lot."
So what aspect of management is Zola going to find the most difficult? "The hardest thing is not being able to play a player or having to send him to the stands," he said. "I know how important it is for a player to play, but unfortunately that is something that has to be done. "I realise that I may have to be unpopular sometimes, but as long as I make sure that all my choices are honest ones, then there shouldn't be a problem. I can only play 11 players with seven on the bench. I am the one in the position who has to make the choice and they will have to respect it. "I have it in me to be ruthless - otherwise I can send my boys around!" he laughed. So what is Zola's ambition for the season after seeing his side reach the heady heights of fourth place by Saturday night? "We know that it is going to be very tough. The top four are really a top four," he said. "For me it is important to improve on the position we managed last year. To be honest, if the players continue to work the way they have worked this week, we can get a lot of satisfaction. That is the way you can improve, it is all down to them.
"If we can do that I am sure we have a lot of chances to improve our position. "I haven't got a magic stick, not at all. I just like working with the players on the pitch."
Maybe he hasn't got a magic stick, but he has an enthusiasm that is infectious, he has an attacking nature which will make for entertaining football for West Ham, and so far he has had just a little bit of luck to make sure he started with three points. All he needs to do now, is learn to wave at his adoring fans!
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Cole could be knocking on England's door - Newham Recorder
24 September 2008
WEST HAM boss Gianfranco Zola thinks that striker Carlton Cole has the ability to turn himself into an England international. The 24-year-old made his first start in the pro ranks for Chelsea back in April 2002 scoring in a victory at Middlesbrough and alongside him in the attack that day was a certain Signor Zola! The Italian certainly remembers him from those days, although he may be unaware of how the forward's career has stalled since those illustrious beginnings. "I know him from Chelsea and he actually started playing with me," confirmed the West Ham boss, who was full of praise for Cole after the 3-1 win over Newcastle. "David Di Michele could have had a hat-trick, but from my point of view he should share the fame with the other two strikers - Matthew Etherington and Carlton Cole have been unbelievable.
"Sometimes Cole was playing against three defenders and keeping them busy, so he has played unbelievable too."
Cole thrived last season thanks largely to a long run of games in the team and also with his ability to prosper in a lone striking role, going from a victim of the Ham-mers boo-boys to a cult hero. Zola's new system also seems to suit the striker and the manager feels that he could add to the two goals he has scored this season.
"I think he can become much better than he is," reflected Zola. "He has to improve a few things, which he knows, but he has all the qualities he needs to be playing for the national team, it is all down to him." Not entirely. With someone like Zola coaching the striker, he may get that international recognition sooner than anyone may think.
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