PL charge City for alleged breaches of financial rules

I have appeared as an expert witness quite a few times in a past life, albeit always at magistrate / sheriff court level and in connection with food quality / contamination issues. My view is that flipping a coin would probably give a more accurate judgement. I was normally asked to appear by a food company although at times I did warn them that sometimes my evidence might not be to their advantage but I would have to give it as I saw it.

Anyhow let me give you an example of a case where I thought that there was a cut and dried ‘not guilty’ verdict coming.

The case involve a metal bolt in a sausage. By the time I got the evidence it had been mauled by a public analyst. However it was clear that the sausage had been cut along its length and the bold was more or less central and the head had been approximately flush with the plane of the cut with the shaft of the bolt at right angles to the length of the sausage. That in itself is unlikely. We put some bolts of the same size and shape through the sausage filler at the Research Association where I worked, and admittedly with a small sample size, they tended to go through into the sausage with the head leading the way and with the shaft following at an angle of about 30 degrees. The head normally went towards the outside of the sausage. This would be expected as the sausage meat would tend to push the head forward with the shaft following. I analysed the metal that the bolt was made of and found it to be cadmium plated, such bolts would not be allowed in food machinery. The bolt was a good match for bolts used in telephone exchanges at the time.

The public analyst had reported that as he pulled the bolt out of the sausage with tweezers the force require was such that it indicated that the bolt had been cooked inside the sausage rather than being pushed in afterwards. We cooked bolts in sausages, pushed bolts into sausages and screwed bolts into sausages and measures the force required to pull them out with an Instron and found no difference between the force required pull out the bolt between that which had been cooked in the sausage and that which had been pushed in and a very small,increase in the force required to remove the bolt that had been screwed into the cooked sausage.

My colleague, a meat technologist, carried out a factory inspection and found no bolts resembling those found in the sausage (though he didn’t go 30’ up to the roof to inspect the sheilded fluorescent light fitting). The metal detector consistently rejected a pack of sausages with the bolt inside one of the sausages and the factory records showed that the metal detector was functioning correctly and had been checked as required on the day the sausage had been manufactured.

In my view we had assembled irrefutable evidence that the bolt had not got into the sausage in the factory. Certainly enough to to raise reasonable doubt that it had been the result of a factory incident.

At the court case the complainant who was a telecom engineer working in an exchange gave evidence. He was a middle aged slightly below average height and slightly above average weight for his height, bespectacled and balding. Asked for his account of how the bolt had been discovered he responded “I was making supper for my disabled wife……..”. At this point I thought that simply because the alternative to it being a factory incident was, effectively, to accuse him of deliberately putting the bolt into the sausage that the magistrate would find it easier to find the company guilty, which he did. Perhaps the under threat Scottish “not proven” verdict (which was in my view the most appropriate verdict in many of the cases I was involved in) would have provided an escape route for the magistrate.
What the fuck have I just read
 
Sky Sports have just interviews John Cross (The Mirror) & Jack Rosser (The Sun) about our 115 charges (via video link in front of a bookcase their spare bedrooms)!

Apparently they both think that the 115 charges, might effect us this season!

We didn't loose a league game after they charged us in Feb 2023, we won 5 trophies, started work on a new stand with a hotel for turnstiles, then became the first team to ever win four English titles in a row!

Haaland needs 26 goals this season to get to 115!
How good would it be if the club made a big deal of this. A big middle finger to the rest
 
If we win the case and have a result similar to that at the CAS, I want some payback.

Maybe not through the courts but I don't want us to be the doormat of these clubs and the media anymore.

I want a press conference where home truths are told, and some hand grenade's are thrown.
Me too, but it wouldn’t really fit with the ‘holistic’ approach which is favoured by the club.
 
Sky Sports have just interviews John Cross (The Mirror) & Jack Rosser (The Sun) about our 115 charges (via video link in front of a bookcase their spare bedrooms)!

Apparently they both think that the 115 charges, might effect us this season!

We didn't loose a league game after they charged us in Feb 2023, we won 5 trophies, started work on a new stand with a hotel for turnstiles, then became the first team to ever win four English titles in a row!

Haaland needs 26 goals this season to get to 115!
Given the ongoing collapse of the newspaper industry those two clowns will be out of a job before the 115 case is over. Their opinions have no value.
 
The answer to Magic Twats question of "reason" for the content of the emails is of course the answer City gave both prior to and during the CAS case and that is in the "context" of the whole run of emails. This includes a) those released by der Spiegel and used as evidence by UEFA (and now the PL) and b) those that were held only by City prior to CAS, that we witheld once we knew information was being leaked to Panja (Parrys mate) at the New York Times but released to CAS.

We have seen partial excerpts of some additional emails in addition to their "evidence", but these have large swathes of text redacted hiding their overall context so it's impossible to get a thorough answer to the question of the "context" he poses. I suspect he knows that hence the bluster.

The fact remains, the PL must prove to the required standard of proof, on the balance of probabilities, whatever is suggested in those emails, perceived as equity investment by either ADUG or HHSM, was in fact what occurred.

As rebuttal evidence, City say they have irrefutable proof to the contrary of those allegations. At CAS it was accounts for receivables and expenses for Etihad, senior Etihad and City officials' testimony to business conduct. Expert witness testimony from "accounts experts" to the veracity of payments and transactional activity. I.e. checks carried out on movement of monies between Etihad accounts in respect of sponsorship liabilities. City say the above proves the Etihad sponsorship monies were funded partly from Etihad marketing funds and partly from either Etihad central funds, two separate sources of avaiable monies for Etihad.

The key question therefore is, what additional evidence do our accusers have that proves all the above offered by City as evidence, are lies, untruths and fraudulent fabrications?

There has been nothing suggested, offered or discovered by the one eyed, shithouse media throughout the now, in excess of 5 years of this witch hunt. Imagine that, nothing, nada, zilch, zero. Despite the despotic will of Harris, Delooney and the WhatsApp boys who claim to be the best investigative journalists out there, they cannot turn up a single shred of "smoking gun" evidence.

I will offer a reason and that is because there isn't any or at the very least the PL don't have any. I would boldly suggest if they thought City had any and that City were going to hand it over from a formal legal fishing request whilst tugging a forelock, that they must have been under some painfully sad delusion.

This is of course in my opinion as nobody knows, apart from the two parties now that full discovery is likely to have taken place. I base this opinion on what UEFA too brought to the party. The same questions were asked prior to CAS. "Is there a whistleblower", "they must have additional information", what could it be that such serious charges are being brought sufficient to ban City from the CL for 2 years, we all asked. Surely barristers for UEFA must have something incredibly damning and defamatory. Well we found out at CAS they had fuck all. They turned up with der Spiegel emails in one hand and their dick in the other. They couldn't sufficiently prove anything they accused us of apart from none co-operation, which we admitted with mitigation their investigation was leaking like a sieve.

Now I hear the same questions being asked of the legal team for the PL (Bird & Bird). So I say, "You want to allege we fraudulently cooked the books for 10 years", you allege Citys owner, the deputy PM of AD, is a fraud, cheat and a charlatan, the executives of Etihad are liars and cheats, that high proflle accountants and auditors, Deloitte and similar are complicit or negligent to wide scale fraud. Well you better have more than your cock in your left hand and some 12-14 year old emails in the other when you turn up at this Committee hearing or Lord Pannick will defer his use of lube.
Good post.

The answer about what the emails are actually doing has always struck me as fairly obvious.

The businesses belong to quite a tight social network of related owners so they need to be super careful about documenting everything.

In much the same way as it's always struck me as quite silly that if you wanted to get money into a club and you are so rich you and your family own a whole swath of companies you would just legally have those companies sponsor your club at the top of the end of the market, with a fair bit of advantage to the companies themselves, rather than illegally using those companies to funnel money into the club from your own pocket.
 
The short answer is that this was before the Food Safety Act 1990, which introduced the ‘due diligence and all reasonable precautions’ defence. Yes, this was a formal prosecution by the local authority, though the prosecution was led by a QC rather than an environmental health officer as sometimes happened. X-ray machines were available in those days but not commonly used.
In those days public analysts’ findings were rarely challenged in magistrates’ courts and whilst this one was, in my view, a bit of a cowboy.

You mention that insects etc can be tested to see whether they have been cooked or not. Many years before this the Research Association had suggested the use of the alkaline phosphate test (normally used to check adequate milk pasteurisation) for insects. It probably wasn’t as well tailored to insects but gave a reasonable result. I encountered this same public analyst in another case where he was using the test to see whether burgers had been properly cooked. It appeared that the alkaline phosphate in muscle was slightly more heat resistant than that in milk and that an acid phosphatase test would have been more appropriate. The company involved were a bit obsessed with not over cooking their burgers. However in his evidence the public analyst suggested that 450 degrees centigrade would be an appropriate temperature to cook burgers to. He later denied saying this under cross examination, until the clerk read out what he had said. In this case the complainant, who claimed it made him sick within minutes, was a police officer who had been turned down for a franchise with the defending company. The company were still found guilty. But this was when e.coli 157 was much in the news……

To return to the relevance to this thread, I was making the case that you can have the best factual evidence in the world but sometimes there are other factors that come into play - media pressure for example.
What has this got to do with anything? Launch another thread on food standards if you want
 
Did Pep say he already knows what will happen? As in the groundwork is now being done for how this will play out?

Or he knows the conclusion is about to happen? Either way this is done. No way can he sit there with this approach without having the inside line.

The media and the league have blown this out of all proportion. We have explained how the money was paid to ethiad and that’s that fuck off now and put a nice blue bow on our next title win -:)

Questions need to be asked when this reaches its conclusion why the Premier League has wasted 4 and a half years pursuing this if it ends up with City winning this hearing. The money spent on lawyers and various legal people when it could have been spent on struggling teams lower down the pyramid.

They’ve desperately tried to throw as much shit at the wall and put as many years as possible into being investigated with how they’ve framed up these charges. Maybe if they concentrated on one aspect they could have been successful in landing something. Instead they have desperately poured over accounts that are 15 years old, in what other industry does that happen?
 

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