SALARY CAP

[WESTCUMBRIARIVERSIDER]

it was stated in this weeks league express that the salary cap penalties double points deductions was introduced for offences in super league x11, and that these breaches are for last season so we could be better pff than we think (if we are found guilty). does anyone know more about this.

[Spanakopitta]

as far as i can gather, the doubling of points comes in for the 2007 season (ie this season) - we are currently being investigated for a potential breach in the 2006 season so doubling of penalty points shouldn't count yet.

Another RFL balls up!

[Nine]

The double penalties apply this year, for offences in last year's cap. So no escape there, I'm afraid.

Everyone I've spoken to who is getting whispers from the RFL about this suggests that Wigan are accused of a Category 2 breach, which would carry an 8-point penalty.

[mike binder]

Nine posted:
The double penalties apply this year, for offences in last year's cap. So no escape there, I'm afraid.

Everyone I've spoken to who is getting whispers from the RFL about this suggests that Wigan are accused of a Category 2 breach, which would carry an 8-point penalty.

this is what wigans whole case relys on ,sweet talking them into last seasons rules as it should be

[DaveO]

mike binder posted:
this is what wigans whole case relys on ,sweet talking them into last seasons rules as it should be

If it is they have lost before they start because the rules clearly state:

"For the avoidance of doubt the penalties set out at Section 14 shall apply rather than those that would have applied to the breach had it been detected in the year in which it occurred."

Dave

[DaveO]

Nine posted:
Everyone I've spoken to who is getting whispers from the RFL about this suggests that Wigan are accused of a Category 2 breach, which would carry an 8-point penalty.

Category two breaches carry a four point penalty, from the rules:

"Any club who has committed a Category Two Breach, which shall constitute at the end of the year a salary cap overspend of between 2% and 4.99 %, will suffer (a) a penalty of four (4) points deduction and/or (b) a fine equivalent to 100% of the financial value of the breach or the Prize Money Penalty whichever shall be the greater, whichever of (a) and/or (b) the Operational Rules Tribunal deems most appropriate."

Dave

[GeoffN]

According to today's WEP:

The club is seeking to determine what scale of deductions will apply – both in terms of fines and Super League points removed – because the goalposts have moved.
Last year, the clubs agreed to double the scale of points deductions for breaking through the wages ceiling.
What remains unclear however is whether the new scale of penalties applies to breaches in 2006 or from the 2007 season onwards.
An RFL spokesman said: "Wigan would like their hearing to be under 2006 rules rather than the 2007 rules.

http://www.wigantoday.net/warriors-news ... id=3016586

As Dave says, it seems perfectly clear in the rules that the new penalties are the ones in force. Presumably the club accepts that some penalty is due, for them to try and apply the old rules, which begs the question why the "not guilty" plea?

[ancientnloyal]

well 6 points does seem better than 12.

[DaveO]

GeoffN posted:
As Dave says, it seems perfectly clear in the rules that the new penalties are the ones in force. Presumably the club accepts that some penalty is due, for them to try and apply the old rules, which begs the question why the "not guilty" plea?

They have not pleaded not guilty as far as I know. They have just issued that statement which says nothing about guilt.

The only way the 2006 rules could apply would be if the 2006 rules stated any breaches that occured in 2006 would be at penalised at the 2006 penalty tariff's. That is in contradiction to what it says in the 2007 rules, which are the ones I quoted and I am sure the RFL would say the 2007 rules take precedence.

If Mo is going to try and argue the 2006 rules apply then he is an idiot.

It also suggests if he is, then we really have made a serious breach of the cap. If so the only possible argument against it is if the club disagrees with the auditors.

I will be very disappointed if we have gone over "by the rules" so to speak and it isn't down to a difference of opinion as to what can be counted and what can't. I can live with the latter but a blatant and big breach is not acceptable.

Dave

[Nine]

DaveO posted:

Nine posted:
Everyone I've spoken to who is getting whispers from the RFL about this suggests that Wigan are accused of a Category 2 breach, which would carry an 8-point penalty.

Category two breaches carry a four point penalty, from the rules:

"Any club who has committed a Category Two Breach, which shall constitute at the end of the year a salary cap overspend of between 2% and 4.99 %, will suffer (a) a penalty of four (4) points deduction and/or (b) a fine equivalent to 100% of the financial value of the breach or the Prize Money Penalty whichever shall be the greater, whichever of (a) and/or (b) the Operational Rules Tribunal deems most appropriate."

Dave

Cheers, Dave, I should have looked it up rather than just taking in what I was told. That's a penalty we can live with if we have to.