Derry vs the FAI

1

Pat McDaid (Derry City F.C Chairman), Joe W Doherty (Club Secretary) and Desmond Doherty (Club Solicitor) arrived at the FAI headquarters in Abbotstown in Dublin at 12.30pm for a meeting with representatives from the FAI Board. They were shown into a room by reception personal.

At 12.40am Fran Gavin (Director of the League of Ireland) accompanied by Padric Smith (Compliance Officer) and Sarah OShea (FAI legal advisor) came into the room whereupon Mr Gavin nodded to P.McDaid and asked if he would go into the hallway with him for a chat. D. Doherty objected to this and told Mr Gavin that if he had anything to say he should say it now. Miss OShea asked what position Derry City was taking.

D.Doherty asked under what auspices this meeting was called and asked for a copy of the agenda. S.OShea said that direct statements would be made by F.Gavin, R. Coppinger, R. Fahey, and said that there would be no cross examination allowed, she also indicated that the more that DCFC cooperate the easier it will go for the club. This appeared like some sort of threat.

D.Doherty asked what rule was being used to call this meeting and what was the purpose of the meeting in the first place. S OShea said that section 1-9 of the participant agreement covered the legality of calling the meeting and the purpose was to discuss an earlier meeting between representatives of the Derry Board and the FAI on Wednesday 4th November 09.

The Derry delegation were then moved to another room around 2pm and finally called into another room at 2.10pm with a total of 17 representatives of the FAI present including the FAI board. It quickly became apparent that this was not just a meeting as we had been led to believe but in fact was a hearing.

David Blood (Chairman of the FAI) opened the meeting by introducing all present and John Delaney (Chief Executioner Executive FAI ) said that the meeting would be conducted through S OShea (Legal advisor)

S. OShea informed us that the purpose of the meeting was to discuss an earlier meeting between representatives of the Derry Board and the FAI held on Wednesday 4th November and said that 4 members of the FAI who were present at that meeting with P McDaid and S McCarron would be making statements from notes they had taken during that meeting, she then asked what DCFC approach would be?

D Doherty formally objected to this hearing taking place in the first place, he asked for copies of the notes form the informal meeting that is the subject of this discussion so that he may have some time to analyse them and confer with his clients.

This request was refused.
D Doherty asked if there was anyone present who would stand to gain from any negative outcome of todays hearing.
Mr J Deleany said there wasnt.

D. Doherty explained that we had come here at short notice hearing about the event firstly on the news before being officially requested to attend, he explained that he had asked for it to be held at a later date due to having been given such short notice and not been given the courtesy of explanations or being told the exact circumstances of why we were summoned in the first place.
Mr D Doherty stated that we had travelled today when in fact we should have been attending our former chairmans (Hugh McDaid) mother in-laws funeral.

He asked again under what rule this hearing was called and asked what the purpose of it was, stating that as far as he was aware there was no accusations, or charges as yet made and indicated that he was at a loss as to how he should proceed.

S OShea said that the authority to call the meeting was contained in sections 1-9 of the participation agreement between the FAI and DCFC.

Mr D Doherty asked to be directed to where in the agreement the exact rule was and under what basis in law this hearing was being conducted.

S OShea once again pointed to the sections of the participation agreement she had outlined earlier and said that he Board of the FAI was the authority under which business would be conducted. She then asked that the 4 FAI representatives stand and make statements referring to their notes.

D Doherty objected again and asked what would be wrong in him getting copies to read and consult over with his clients.

S OShea said that his objection would be noted but again refused to present any of the notes to him. Mr Doherty asked for a copy of the agreed minutes from the meeting indicting that this seemed to be leading to some sort of disciplinary hearing and said his clients had every right to see the agreed official minutes.

S OShea said that there were no official minutes taken and only individual notes taken at the time were available of which we would not be allowed to view.

After some deliberation by D Doherty over the oppressive way in which this hearing was being conducted the statements were made. F Gavin, R Coppinger, P Smith and R Fahey each made statements referring to what appeared to be very detailed and coordinated notes.

Mr Doherty asked how long the meeting in question had lasted and was informed by F Gavin that it was approximately two to three hours long. He expressed surprise at the detailed way in which the notes had appeared to be taken at such an informal meeting and how uncanny it was that four individuals could construct such detailed notes at a meeting such as had taken place.

D Doherty said that there were some serious allegations being made and expressed horror that this was not discovered to him before now, saying in his opinion this just smacked of a total white-wash with an obviously predetermined outcome, not allowing his clients time to consider the statements just read out was disgraceful.

S OShea said that statements were made and this was not evidence. D.Doherty clarified with J.Delaney that the statements were not evidence but just statements as such and in effect the four persons reading out their notes. Mr Doherty queried when the notes were made and if made contemporaneously at 4 November meetings Shea said that was the position.

A particular players document was produced on DCFC head paper by the FAI.
D Doherty requested a copy of the said contract and was told the board would consider the request.

Mr Doherty pointed out that so far no one had pointed out any wrong doing or placed any charge against his clients and he was still baffled as to what this was all about.

S O Shea asked if that was all his clients wished to put forward. D Doherty said that without any charges of wrong doing what did she expect his client to say?

The meeting was adjourned at 3.15pm so that the FAI Board could reflect on its own position. D.Doherty pointed out usually as a matter of natural justice and fairness an allegation is made or charges put but none existed here so his clients had nothing to answer for.

The DCFC delegation was escorted to another room in the building and given sandwiches and water as refreshments.

At 5.05pm we were summoned back to the board room were a partial copy of the requested contract was given to D Doherty together with a written decision.

D.Doherty requested that D.Delaney read out the decision.

Mr Delaney read out a letter which was subsequently given to D Doherty and J W Doherty that outlined the details of the FAI board decision to terminate the contract between the FAI and Derry City F.C.

Mr Doherty asked for a recess so that he could confer with his clients. The decision was sensational and came completely out of the blue to people who were asked to come to a so-called discussion meeting.

Five minutes later S OShea asked if we could hurry up as Mr Deleney had to go to Cork to a supporters meeting.

Upon reconvening with the FAI board D Doherty asked that the details of the alleged secondary contract be looked at as this might have a bearing on the Boards initial decision and perhaps after looking at it again they might wish to reconsider their decision?

D Doherty pointed out that the alleged secondary contract had been signed prior to the FAI std player contract and under the FAIs own rules as printed on the std player contract by virtue of signing the std players contract this nullified the so-called secondary contract in the first place.

D Doherty also pointed out that the FAI had been in possession of the outdated secondary contract since 4 September 2009 and asked if this was their main evidence why have they only chosen to act now?

S OShea totally disregarded D Dohertys submissions by saying the decision was final with no recourse for appeal.

D Doherty asked when the club could expect to receive its money from the FAI for finishing fourth place in the league, and also when it should expect to receive prize monies for participating in the Europa League.

Mr Delaney said that as the contract between them and Derry has been terminated the FAI has ruled that there were only nine teams in the league so there would be no monies being paid to DCFC! He added that consideration would be give to the payment of European prize money.

S OShea called an end to the meeting at this point saying that there was a press conference organised and it needed to get underway, she informed us that we were not allowed to attend but if we waited in the foyer we could talk to the press afterwards to make our own statements.

P McDaid asked for and was given permission to speak.

He made an impassioned declaration refuting totally any claims of wrong doing, he stated that he felt the treatment of the Derry City representatives was disgraceful and that all those who were a party to this stitch up job should be totally ashamed of themselves, he said that we were brought here to be proverbially hung drawn and quartered simply to make a high profile example of and this was made much easier to do by virtue of the fact we came from the North of the island.

He said that the decision was very clearly made before today and there were hidden agendas involved against the only club outside the south of Ireland.

He concluded by saying that in making this decision the FAI had shown total disregard and total contempt for the Players, Supporters, Management, Volunteers, and Officials of Derry City Football Club not to mention the people of Derry City itself.

The Hearing ended at 5.55pm

Joe W Doherty
Club Secretary Derry City F.C

2

Hope the Inland Revenue screw them fuckers to the wall…

3

That’s very long so didn’t read it all, but is the gist of it that the FAI blindsided Derry as regards all this and they reckon they weren’t given due process?

This will most likely end in courts (that’s if Derry can afford to go to court). The players in Derry haven’t a hope of being paid unless they can get their hands on that prize money. I wonder who it was that spilled the beans to the FAI in the first place.

4

[quote=“The Runt”]That’s very long so didn’t read it all, but is the gist of it that the FAI blindsided Derry as regards all this and they reckon they weren’t given due process?

This will most likely end in courts (that’s if Derry can afford to go to court). The players in Derry haven’t a hope of being paid unless they can get their hands on that prize money. I wonder who it was that spilled the beans to the FAI in the first place.[/quote]

yes, thats the gist of it- i think sporting fingal bought a player from derry & it came out through contract negotiations there but could be wrong- the FAI are seething about this so there may be more to it & it could have been going on for years- demotion would be the best case scenario for all concerned

5

I would be very surprised if Derry were the only club at it.

6

so would I - Fc biggles are a prime suspect

7

Very interesting stuff. The process they went through there seems bizarre but that’s Derry’s version of events obviously and critically there’s not much refutation of the wrongdoings on the contracts themselves there.

8

[quote=“north county corncrake”]Pat McDaid (Derry City F.C Chairman), Joe W Doherty (Club Secretary) and Desmond Doherty (Club Solicitor) arrived at the FAI headquarters in Abbotstown in Dublin at 12.30pm for a meeting with representatives from the FAI Board. They were shown into a room by reception personal.

At 12.40am Fran Gavin (Director of the League of Ireland) accompanied by Padric Smith (Compliance Officer) and Sarah OShea (FAI legal advisor) came into the room whereupon Mr Gavin nodded to P.McDaid and asked if he would go into the hallway with him for a chat. D. Doherty objected to this and told Mr Gavin that if he had anything to say he should say it now. Miss OShea asked what position Derry City was taking.

D.Doherty asked under what auspices this meeting was called and asked for a copy of the agenda. S.OShea said that direct statements would be made by F.Gavin, R. Coppinger, R. Fahey, and said that there would be no cross examination allowed, she also indicated that the more that DCFC cooperate the easier it will go for the club. This appeared like some sort of threat.

D.Doherty asked what rule was being used to call this meeting and what was the purpose of the meeting in the first place. S OShea said that section 1-9 of the participant agreement covered the legality of calling the meeting and the purpose was to discuss an earlier meeting between representatives of the Derry Board and the FAI on Wednesday 4th November 09.

The Derry delegation were then moved to another room around 2pm and finally called into another room at 2.10pm with a total of 17 representatives of the FAI present including the FAI board. It quickly became apparent that this was not just a meeting as we had been led to believe but in fact was a hearing.

David Blood (Chairman of the FAI) opened the meeting by introducing all present and John Delaney (Chief Executioner Executive FAI ) said that the meeting would be conducted through S OShea (Legal advisor)

S. OShea informed us that the purpose of the meeting was to discuss an earlier meeting between representatives of the Derry Board and the FAI held on Wednesday 4th November and said that 4 members of the FAI who were present at that meeting with P McDaid and S McCarron would be making statements from notes they had taken during that meeting, she then asked what DCFC approach would be?

D Doherty formally objected to this hearing taking place in the first place, he asked for copies of the notes form the informal meeting that is the subject of this discussion so that he may have some time to analyse them and confer with his clients.

This request was refused.
D Doherty asked if there was anyone present who would stand to gain from any negative outcome of todays hearing.
Mr J Deleany said there wasnt.

D. Doherty explained that we had come here at short notice hearing about the event firstly on the news before being officially requested to attend, he explained that he had asked for it to be held at a later date due to having been given such short notice and not been given the courtesy of explanations or being told the exact circumstances of why we were summoned in the first place.
Mr D Doherty stated that we had travelled today when in fact we should have been attending our former chairmans (Hugh McDaid) mother in-laws funeral.

He asked again under what rule this hearing was called and asked what the purpose of it was, stating that as far as he was aware there was no accusations, or charges as yet made and indicated that he was at a loss as to how he should proceed.

S OShea said that the authority to call the meeting was contained in sections 1-9 of the participation agreement between the FAI and DCFC.

Mr D Doherty asked to be directed to where in the agreement the exact rule was and under what basis in law this hearing was being conducted.

S OShea once again pointed to the sections of the participation agreement she had outlined earlier and said that he Board of the FAI was the authority under which business would be conducted. She then asked that the 4 FAI representatives stand and make statements referring to their notes.

D Doherty objected again and asked what would be wrong in him getting copies to read and consult over with his clients.

S OShea said that his objection would be noted but again refused to present any of the notes to him. Mr Doherty asked for a copy of the agreed minutes from the meeting indicting that this seemed to be leading to some sort of disciplinary hearing and said his clients had every right to see the agreed official minutes.

S OShea said that there were no official minutes taken and only individual notes taken at the time were available of which we would not be allowed to view.

After some deliberation by D Doherty over the oppressive way in which this hearing was being conducted the statements were made. F Gavin, R Coppinger, P Smith and R Fahey each made statements referring to what appeared to be very detailed and coordinated notes.

Mr Doherty asked how long the meeting in question had lasted and was informed by F Gavin that it was approximately two to three hours long. He expressed surprise at the detailed way in which the notes had appeared to be taken at such an informal meeting and how uncanny it was that four individuals could construct such detailed notes at a meeting such as had taken place.

D Doherty said that there were some serious allegations being made and expressed horror that this was not discovered to him before now, saying in his opinion this just smacked of a total white-wash with an obviously predetermined outcome, not allowing his clients time to consider the statements just read out was disgraceful.

S OShea said that statements were made and this was not evidence. D.Doherty clarified with J.Delaney that the statements were not evidence but just statements as such and in effect the four persons reading out their notes. Mr Doherty queried when the notes were made and if made contemporaneously at 4 November meetings Shea said that was the position.

A particular players document was produced on DCFC head paper by the FAI.
D Doherty requested a copy of the said contract and was told the board would consider the request.

Mr Doherty pointed out that so far no one had pointed out any wrong doing or placed any charge against his clients and he was still baffled as to what this was all about.

S O Shea asked if that was all his clients wished to put forward. D Doherty said that without any charges of wrong doing what did she expect his client to say?

The meeting was adjourned at 3.15pm so that the FAI Board could reflect on its own position. D.Doherty pointed out usually as a matter of natural justice and fairness an allegation is made or charges put but none existed here so his clients had nothing to answer for.

The DCFC delegation was escorted to another room in the building and given sandwiches and water as refreshments.

At 5.05pm we were summoned back to the board room were a partial copy of the requested contract was given to D Doherty together with a written decision.

D.Doherty requested that D.Delaney read out the decision.

Mr Delaney read out a letter which was subsequently given to D Doherty and J W Doherty that outlined the details of the FAI board decision to terminate the contract between the FAI and Derry City F.C.

Mr Doherty asked for a recess so that he could confer with his clients. The decision was sensational and came completely out of the blue to people who were asked to come to a so-called discussion meeting.

Five minutes later S OShea asked if we could hurry up as Mr Deleney had to go to Cork to a supporters meeting.

Upon reconvening with the FAI board D Doherty asked that the details of the alleged secondary contract be looked at as this might have a bearing on the Boards initial decision and perhaps after looking at it again they might wish to reconsider their decision?

D Doherty pointed out that the alleged secondary contract had been signed prior to the FAI std player contract and under the FAIs own rules as printed on the std player contract by virtue of signing the std players contract this nullified the so-called secondary contract in the first place.

D Doherty also pointed out that the FAI had been in possession of the outdated secondary contract since 4 September 2009 and asked if this was their main evidence why have they only chosen to act now?

S OShea totally disregarded D Dohertys submissions by saying the decision was final with no recourse for appeal.

D Doherty asked when the club could expect to receive its money from the FAI for finishing fourth place in the league, and also when it should expect to receive prize monies for participating in the Europa League.

Mr Delaney said that as the contract between them and Derry has been terminated the FAI has ruled that there were only nine teams in the league so there would be no monies being paid to DCFC! He added that consideration would be give to the payment of European prize money.

S OShea called an end to the meeting at this point saying that there was a press conference organised and it needed to get underway, she informed us that we were not allowed to attend but if we waited in the foyer we could talk to the press afterwards to make our own statements.

P McDaid asked for and was given permission to speak.

He made an impassioned declaration refuting totally any claims of wrong doing, he stated that he felt the treatment of the Derry City representatives was disgraceful and that all those who were a party to this stitch up job should be totally ashamed of themselves, he said that we were brought here to be proverbially hung drawn and quartered simply to make a high profile example of and this was made much easier to do by virtue of the fact we came from the North of the island.

He said that the decision was very clearly made before today and there were hidden agendas involved against the only club outside the south of Ireland.

He concluded by saying that in making this decision the FAI had shown total disregard and total contempt for the Players, Supporters, Management, Volunteers, and Officials of Derry City Football Club not to mention the people of Derry City itself.

The Hearing ended at 5.55pm

Joe W Doherty
Club Secretary Derry City F.C[/quote]

bullet points please

9

From todays Irish Times:

CHAIRMAN PAT McDaid and three other directors of Derry City resigned last night in a move aimed at paving the way for a takeover of the club by a group of local businessmen and negotiations regarding its readmission to the league for next season.

One director, vice chairman, Stephen McCarron, who is believed to have invested substantial amounts of his own money in the club, will remain.

The move had been expected from early in the day and pressure mounted on the board members when it became clear that the clubs players were blaming them for all of the financial irregularities that led to Citys expulsion from the league on Saturday while claiming to be entirely innocent of any wrongdoing themselves.

The players issued a statement last night following a meeting between about half the squad and representatives of the PFAI and FAI officials in Abbotstown.

The players insisted they had been unaware of what was going on in relation to their contracts and that they had effectively been duped into signing second contracts. They had, they said, simply believed the ones containing the higher earnings figures had been the ones lodged with the league.

The position is, the statement read, that at the beginning of the contract period, each player was presented with a document on Derry City headed paper which contained income amounts which we each individually agreed with the club.

With only one exception, no player knowingly signed a second document. It now appears that, what the club had misrepresented to us as a blank registration form containing no figures, terms or conditions was, in fact, a second document upon which different figures were subsequently entered and lodged with the league.

The full terms of this contract were never made available to the players and we fully believed that the wages which we were being paid were disclosed to the league in accordance with normal practice.

The FAI quickly made it clear in a statement of its own, that it is accepting the version of events put forward by the players and looking now to move on with talks about the clubs readmission to the league, most likely into the first division. As of today, the FAI has accepted these players assurances that they were not personally aware of any financial irregularities at the club, it said. The FAI also recognises the difficulties that have been created by the club in not paying players for the last eight/nine weeks at Derry City FC, and the impact that has on each player and his immediate family.

The FAI confirms that it intends to send a delegation to Derry on Thursday, with a view to beginning the process of returning the club to stability, now that the Club Chairman has accepted his untenable position.

McDaid expressed regret at having to go but said that it was for the good of the club because his relationship with John Delaney had passed the point of no return. Respectfully, he said this is perhaps the only issue on which Mr Delaney and I can agree.

The latest developments come a day after the directors at Kildare County confirmed that the club would go into voluntary liquidation and hours after Richard Sadlier resigned as chief executive of St Patricks Athletic.

10

That keeper was on 6.01 last night. Said pretty much what you said there, he went looking for monies owed to him from his time with Derry when he was told there was two different contracts. His former teammates at Derry aren’t best pleased with his whistle blowing by all accounts.

11

[FONT=Helv][SIZE=2][FONT=Helv][SIZE=2]Sort it out lads, I can’t do without my Friday nights in Sugar :guns:
[/SIZE][/FONT][/SIZE][/FONT]

12

Derry set to emerge from the gloom
Thursday, 12 November 2009 21:55

Beleaguered Derry City’s prospects of survival appear much brighter this evening after the mayor, leading business figures and fans met with FAI officials on Thursday.

The Candystripes were barred from the league after the FAI indicated that rules governing secondary, unofficial contracts had been breached, but the club have been encouraged to reapply for a licence to play in the First Division.

FAI Chief Executive John Delaney led the delegation to Foyleside and was very positive about Derry’s future participation in the League of Ireland.

Delaney said: 'It was an extremely good day for Derry City FC - everybody’s on the same pitch here, everybody wants Derry back in the League of Ireland and today was a more than positive day to ensure that happens.

'We have identified a road map to get Derry back into the league next season and that is on course.

'I know it means a lot to the people of Derry to be part of the League of Ireland and it is also important to the FAI to have Derry in our league.

'It is important that Derry City survives, irrespective of which division they are in.

'They will have to start in a lower league - there is no way they can go straight into the Premier League - but if a proper application is made, they could be in the First Division next season.

‘I would envisage a new company being set up, which would not be carrying these huge debts, and hopefully that will lead to Derry re-joining the league next season.’

Stephen McCarron became the final member of the Derry City board to resign earlier on Thursday afternoon.

Derry’s brave new world will see the club adopt a part-time structure in an attempt to keep cost under control.