QC for Thistle gives legal opinion: "The original vote by Dundee FC was cast in line with the SPFL's own rules and must stand, meaning that the resolution falls"
Tuesday 14 April 2020 18:28, UK
Partick Thistle have sought legal advice on the SPFL's end-of-season resolution, criticised the body's voting process, and insisted that Dundee's original vote must stand.
Thistle were one of two clubs in the Championship to reject the SPFL's proposal to end the season due to the coronavirus pandemic, which would have seen the Firhill side relegated as they are currently bottom of Scotland's second tier.
Inverness chief executive Scot Gardiner says Dundee had informed them and Partick Thistle that they had also voted against the SPFL's resolution, as the three clubs were part of a WhatsApp group sharing information.
However, SPFL chairman Murdoch MacLennan says Dundee's crucial vote has not yet been received as the club contacted the governing body after Friday's 5pm deadline to withdraw their 'no' vote before it arrived with the SPFL following a technical hitch.
However, Thistle have employed a QC to look at the process and have slammed the voting procedure, echoing Rangers' weekend criticisms that suggested the SPFL misled members by insisting that the season had to end to ensure funds could be released to clubs.
A Thistle statement on Tuesday said that the legal opinion argued as follows: "The information dispensed to clubs and the process utilised in putting forward the resolution, could potentially be held to be a breach of the duty by the SPFL to provide sufficient information to member clubs to allow them to make a properly informed decision in relation to the SPFL's resolution.
"In particular, the Opinion highlights the fact that the SPFL did not explain to member clubs alternative means by which payments could be made other than by requiring the immediate termination of the current league season. On that basis, clubs may have lacked sufficient information - by omission - to make an informed decision based on the SPFL's briefing document."
Thistle's statement added: "To secure a vote to end the season, the SPFL linked it to releasing funds to hard-pressed clubs, making it clear there was no alternative. However, as it now transpires, there was a vehicle to release monies in the shape of loans, quite apart from the possibility of changes being made to the SPFL Articles to allow the payments normally made at the end of the season to be made now.
"We would urge the SPFL to move immediately to approve loans to clubs against the monies owed to them at the season end, based on their current position in the league.
"With that urgent situation dealt with, there can then be considered discussion involving all clubs to address the way forward for Scottish football in this unprecedented season. The SPFL presented to clubs (in 25 pages of briefing note and resolution and with 48 hours to consider it) that there was no alternative. It is now apparent that that is not the case."
The legal opinion obtained by the Jags also argued that Dundee's original vote must stand, which would mean the entire resolution would not pass.
"The original vote by Dundee FC was cast in line with the SPFL's own rules and must stand, meaning that the resolution falls," stated the legal opinion given by the QC.
Thistle said the legal advice also questioned why rules cannot be changed to allow cash to be released to member clubs in a time of crisis due to the pandemic.
"There is the potential for the SPFL Articles to be altered, as would be required to bring a season to end early, in order to, for example, facilitate the payment of fees to Member Clubs."
Sky Sports News has contacted the SPFL for comment.
