Page 4 of 5

Re: 19% over cap

Posted: Tue Jul 17, 2007 2:56 pm
by Cruncher
cpwigan posted:
You cannot guarantee the outcome of the hearing SO you plan for every eventuallity. Hence, you look at the issue of deductions. Given, this issue only recently arose, I would suggest Wigan decided to employ the top legal rep (forget his name). He started looking at everything and said. You do realise they (the RFL) cannot increase penalties retrospectively. So the impetus came from legal representation. The 3 clubs rightly took that action to safeguard themselves. So far, so good.

I cannot believe we would be pleading not guilty if we were so blatantly over the cap.

What I cannot fathom is when we signed Fielden there was uproar and hysteria. Did the RFL not check then and give us the OK or is my memory frazzled?
They only gave us the okay on the basis of what Wigan intended to do to stay within the cap. The row seems to have arisen since, when, according to the RFL, Wigan didn't manage to make good on this promise.

It looks as though Wigan's defence will now centre around the question of which actions are permissable when it comes to levelling off your wages bill, and which aren't. I don't know what the particular bone of contention is, but it may have something to do with just how interfering and dictatorial the RFL should be allowed to be with regard to individual clubs' spending strategy. In other words, surely it's unacceptable for them to tell you what you can and can't do with your own money, so long as the end is result is that you're under the cap.

As I say, I don't KNOW if this is the gist of Wigan's position, but I wouldn't be surprised if it was in there somewhere.

The trial judge has already called the salary cap regulations "badly drawn", "against natural justice", etc. That doesn't sound as though he's impressed by what he's seen of the RFL's case so far. It's also worth noting that Tony Rea of Quinns - another completely neutral observer - appeared to come down on our side, when he said something to the effect that we had quite a good case.

Re: 19% over cap

Posted: Tue Jul 17, 2007 8:18 pm
by screamy18
there is no way wigan would of let that informaion out while tryin to put together a case !!

Re: 19% over cap

Posted: Tue Jul 17, 2007 8:52 pm
by jinkin jimmy
FWIW Mo has told Nobby we have nothing to worry about! :doz:

Re: 19% over cap

Posted: Tue Jul 17, 2007 9:10 pm
by GeoffN
jinkin jimmy posted:
FWIW Mo has told Nobby we have nothing to worry about! :doz:
Is that "Mo-speak" for "only 6 points"?

Re: 19% over cap

Posted: Tue Jul 17, 2007 10:36 pm
by thegimble
Question is should MO be worried as if we get penalised again in a manner that costs us top 6 or relegation fight, then MO will have to go.

Re: 19% over cap

Posted: Tue Jul 17, 2007 10:39 pm
by gpartin
thegimble posted:
Question is should MO be worried as if we get penalised again in a manner that costs us top 6 or relegation fight, then MO will have to go.
Relegation fight is not a worry I don't think. Salford have much harder games to come. Top 6 on the other hand is a worry, but the fight for a playoff position may be the answer to our consistency problems.

Re: 19% over cap

Posted: Tue Jul 17, 2007 10:59 pm
by thegimble
gpartin posted:
thegimble posted:
Question is should MO be worried as if we get penalised again in a manner that costs us top 6 or relegation fight, then MO will have to go.
Relegation fight is not a worry I don't think. Salford have much harder games to come. Top 6 on the other hand is a worry, but the fight for a playoff position may be the answer to our consistency problems.
I had that feeling as well. Maybe the side lacks motivation against the so called lesser sides but 2 points is 2 points nevermind the opponents.

Re: 19% over cap

Posted: Tue Jul 17, 2007 11:07 pm
by OAMJSONA
Doris will have brought out the famous brown leather satchel packed with 5 ers and distributed accordingly . So we have no case to answer

or am i just dreaming

Re: 19% over cap

Posted: Tue Jul 17, 2007 11:35 pm
by Exiled Wiganer
The lawyer we are using is Mark Gay, and he is very good, far better than anything the RFL seems to be able to afford.
I have worked with him for a number of years, as Assistant and Partner, and he is top class.
Our every step - the press release, the challenge to the rules and our subsequent anticipated not guilty plea - have the stamp of careful litigation.
I am sure our argument will centre around fairness, openness, reliance on the RFL's word and ambiguity in the rules. There are so many potential grey areas, I am very confident that we will make a spirited defence and may well come away with no points deducted.
For once Mo has handed over the reins to a professional. We are in the best hands we can be (even Dave O couldn't dissect the rules as acutely as Mr Gay - he's that good).

Re: 19% over cap

Posted: Tue Jul 17, 2007 11:41 pm
by Banksy
No way will we have a relegation fight, when we beat Stains on Friday we have a easy run of games until we meet Stains again for the last game of the season. We will be in the play offs. Mark my words if we don't reach the play offs I'll buy every one a gold fish.