RANGERS striker Duncan Ferguson was banned for 12 games by the SFA
yesterday for alleged violent conduct, but instead of being the
conclusion to a long-running saga, the verdict promises to ignite
further acrimonious exchanges involving the club, the SFA, the
footballers' union and the solicitors representing the player.
Immediately after the meeting at the SFA headquarters in Glasgow,
Donald Findlay, QC, vice chairman of Rangers, suggested strongly that
the player would appeal against the decision and added that Ferguson's
solicitor would be certain to consider the possibility of taking legal
action against the disciplinary committee or its members in light of
what might be considered actions prejudicial to an impending court case.
''It has to be said that the SFA were advised from a number of
sources,'' said Findlay, ''not least of which was Rangers Football Club,
of the position this young man found himself in, and they declined to
consider a postponement of this matter until a future date.
''I think they were wrong, I think they have acted unfairly and
contrary to the player's wider interest, remembering the fact that he is
an accused person.''
Ferguson has been charged with assault, and his case has been called
initially for the Sheriff Court in Glasgow next Wednesday. The football
verdict as well as the court appearance relates to an alleged head-butt
on Raith Rovers defender John McStay during the match at Ibrox on April
16.
''What must now happen, and I imagine will happen,'' added Findlay, a
prominent figure in Scottish legal circles, ''is that Duncan Ferguson
and his solicitor will consider the implications with a view to the
court case and will also consider whether there are any legal steps that
may be taken against the SFA as a body or the disciplinary committee who
have acted in this way.''
Findlay, along with Rangers secretary Campbell Ogilvie and Ferguson,
then returned to Ibrox to consider the advisability of an appeal, which
has to be lodged within seven days.
If they do appeal -- and that seems likely -- Ferguson's ban would be
held over until the protest is heard, and that might release him for a
possible appearance in the Tennents Scottish Cup final a week on
Saturday.
The suggestions that McStay and/or Ferguson would not co-operate fully
with the committee turned out to be unfounded. As a consequence, the
suspensions imposed on Raith Rovers and McStay after the failure of the
player to appear at the orginal hearing on Monday were lifted.
McStay was reluctant to take the matter this far, let alone any
further, but as the alleged victim his evidence, allied to that of
referee supervisor Mike Delaney, also at yesterday's hearing, was
crucial.
Later, McStay and his manager, Jimmy Nicholl, rushed away through the
posse of pressmen, photographers and sundry spectators who had gathered
in the sunshine outside Park Gardens some time before the other
participants.
They had been present along with Ferguson and Delaney as the
committee, with SFA chief executive Jim Farry in attendance, held its
own football court. The members, chaired by Yule Craig of St Mirren,
are: Sandy Stables (Aberdeenshire FA), Kevin Kelly (Celtic), Malcolm
Watters (Montrose), Dick Shaw (Southern Counties) and Willie Omand
(Queen's Park).
The decision to go ahead with the hearing clearly upset Scottish
Professional Footballers' Association secretary Tony Higgins, who had
appeared on behalf of both Ferguson and McStay.
''In my estimation common sense has not prevailed,'' he said. ''We
asked for a deferred decision today. Unfortunately, that was denied. We
feel that this whole scenario has been a farce from day one.
''While we recognise that the SFA has the right to impose bans where
appropriate within the game, we feel they did not take appropriate
cognisance of the circumstances that prevail in this instance. The
impending court action should have been taken into consideration.
''We hope to ensure through our own legal advisers that no player,
like either Duncan Ferguson or John McStay, will find himself in the
same situation as today.''
Higgins was reluctant to comment on the extent of the ban as his
association is one of the members of the appeals tribunal.
The players' union man may have a vested interest of sorts, but his
comments made sense.
It does seem astonishing that Scottish football has got itself into
this high-profile mess when a little diplomacy would have avoided all
the media spotlight that, at least to this legal layman, would appear to
be against the best interests of proper justice being administered when
the law officers get around to deliberating the case in court.
It may be that many of those involved in sport feel strongly that the
misdemeanours conducted on the field are best dealt with by sporting
authorities, but the fact is that the legal officers clearly take a
different view.
In that light, it is surely not doing football a favour to have the
alleged misbehaviour of the costliest player in Britain highlighted in
such fashion before he appears in court, apart altogether from the fact
that I would imagine any defence lawyer would make full use of the
massive publicity given to the ban as evidence of prejudice against his
client's chances of a fair trial.
The SFA have every right to rail against vicious behaviour on the park
and, if they find it proven that Ferguson committed the alleged offence,
the punishment is entitled to be severe, although some may feel 12
matches is close to Draconian.
Ferguson, in his time with Dundee United before he joined Rangers for
#4m, was twice suspended and once ordered off, not a particularly
unsavoury record in modern times.
If the supsension is not challenged, he will miss the final two games
of this season, the league match with Dundee at Ibrox tomorrow and the
cup final against Dundee United, as well as 10 domestic matches next
season. He would be eligible for any European tie but, in essence, he
would be out of action for the next four months.
But whether he is or not, the soap opera that this latest headline in
his career has become is likely to run for some time yet. And nobody in
football will come out of it looking good.
* TOTTENHAM'S future as a Premiership side was plunged into doubt
yesterday when the FA charged the club with misconduct. The charges
relate to allegations of financial irregularities breaching Football
League regulations.
In 1990, Swindon Town, newly promoted to Division 1, were relegated to
Division 2 after being found guilty of similar charges. The FA could
take similar action, but a heavy fine is more likely.
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