Magic Hat is a bad-faith actor who demonstrably lacks skills in terms of processing and evaluating legal evidence and is seeking to portray the emails as conclusive proof. If they really were some kind of 'smoking gun', as he/she maintains, you wouldn't have had stellar rosters of lawyers, including some of the country's top silks, participating in a hearing such as this before three extraordinarily eminent figures for three months at a cost of tens of millions.
I haven't actually looked at the emails for a long time, but I've read all of them (pre- and post-CAS) that have ever been released. Clearly, they didn't make City look good and one thing I was actually struck by was that some of the asides looked highly unprofessional, not least the crack about "one down and six to go" or whatever it was. And I also reckoned that the one posted on here the other day in which Simon Cliff spoke about "taking down" the global PwC organisation in response to advice the firm gave UEFA sounded a bit crass, IMO.
But do they actually show MCFC to be guilty of serious wrongdoing covered by accusations made by the PL? Remember these things about emails. First, what are claimed to be apparent references to unlawful acts may be, in fact, discussions of how to perfectly legally circumvent laws or regulations to achieve a business objective in the manner in which legitimate businesses across the globe seek to do each day. Second, in any event, the fact a course of action was referred to in an email isn't conclusive evidence that it happened.
In the CAS hearing, to refute the contents of the emails adduced during those proceedings, part of the evidence City put forward consisted of the club's own accounting records and that of sponsors, as well as direct witness testimony. It would be extremely difficult for the PL to persuade the Panel that it needs to dismiss as evidence the accounting records of City and its sponsors, rejecting the views of their auditors at the same time, together with the personal testimony of distinguished, successful and experienced businessmen. They'd all have to be in on it.
Remember what City said before the CAS: “These very serious allegations necessarily involve a conspiracy on the part of MCFC, its shareholder, and these two sponsors [Etihad and Etisalat]. Large numbers of executives not just within MCFC but also those sponsors and the respective auditors would have to be complicit in order to facilitate such a scheme. Whatever Magic Hat says, that's all highly dubious unless the subsequent Award tells us otherwise.
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