Soccer - League of Ireland:The High Court has dismissed a bid by the chairman of Cork City to overturn a decision by a Football Association of Ireland disciplinary committee to suspend him for 12 months from football activities for bringing the game into disrepute.
Tom Coughlan brought judicial review proceedings to quash the committee’s finding of December 17th last that Coughlan had brought the game into disrepute. The committee also imposed a 12-month ban from all football-related activities and a fine of €5000.
Coughlan claimed the ban will have disastrous effects on his efforts to secure additional funding for the club.
Mr Justice John Hedigan dismissed the case on the basis the FAI, as a private sporting body, is not amenable to judicial review. He also rejected claims of breaches of fair procedures.
The judge described the action as the “latest episode” in “the sad saga of Cork City’s financial difficulties” and said he hoped the difficulties are sorted out as soon as possible in the interest of the fans, players and management at the club.
He said sporting disputes are “best resolved through their own governing bodies” and such matters should only come before the courts “as a last resort in the rarest of cases”.
The charges of bringing the game into disrepute levied against Coughlan relate to allegations he failed to pay employees on time, failed to meet obligations to the Revenue and failed to pay insurance premiums on time.
It was also alleged he failed to pay the ESB resulting in supply being cut off, bounced cheques to referees and the Revenue, failed to pay transport costs and was involved in two high profile winding up proceedings.
He had claimed he was denied fair procedures by the committee’s refusal to adjourn its meeting of December 17th, 2009, arising out of his actions in connection with the club during the 2009 season. The FAI denied the claims.
In rejecting arguments the FAI is a public body amenable to judicial review, the judge said, while the organisation aims to act in the public interest, it was “no more bound to do so than anybody else”.
Coughlan, as owner of Cork City, was fully aware of his relationship with the association and bound by its rules which prohibited the bringing of football-related disputes through the courts, the judge said.
While the finding that the FAI is not amenable to judicial review was sufficient grounds to dismiss the case, the judge went on to also find the committee had not acted unfairly or in breach of fair procedures in refusing to adjourn its meeting of December 17th.
The judge also noted Coughlan had not availed of an extensive appeal process set down within the FAI’s rules.
The FAI welcomed the High Court ruling, saying the decision “vindicates the FAI and its procedures as well as setting important precedent for costly and time consuming legal actions of this nature”.
And Fran Gavin, director of the League of Ireland, has again asked for Coughlan to relinquish control at Cork City.
“We again call on Mr Coughlan to stand down from the untenable position he holds at Cork City in the interests of the game, the club and most importantly its fans,” Gavin added.