UEFA FFP investigation - CAS decision to be announced Monday, 13th July 9.30am BST

[bobbyowenquiff]

this is not true. you can use illegally gained material as evidence, in some circumstances. It's circumstantial, as with a lot of things in law.

The discs containing all the MPs' expenses claims were stolen by a disgruntled employee at the Commons and handed to the Daily Telegraph. A few (too few) MPs ended up being prosecuted.

 

[Kinkys Left Foot]

I wanted to be clear about the usage of material outside a court of law as that is the only place im aware of where there is a precedent for the usage of such material. The only reference to previous usage of such material was within CAS itself not by the regulator chambers, unless im mistaken.

 

[Citizen in Pakistan]

this is not true. you can use illegally gained material as evidence, in some circumstances. It's circumstantial, as with a lot of things in law.

This varies from jurisdiction to jurisdiction but your observation could be correct as far as criminal cases are concerned but not those of civil nature. A deeper research would be required but my gut feeling is you can't produce illegally collected material as evidence in our case.

My personal observation is that deep down UEFA knows they dont have a strong case against us but are pursuing with it to make the elite happy or saving face. Even if they manage to get us banned, i am 100% convinced it would be overturned on appeal and thats why they are having second thoughts about banning us as they know on appeal we have a strong case in a netural setting and dont want to go through that humiliation.

 

[bugsyblue]

You mean besides the successful theft of money from the Caymans bank and the attempted blackmail of clubs and agents?

I didn't know about the blackmail but theft from an offshore dodgy bank I shrug my shoulders...

 

[citytilllidie]

but whats in south india ?

Curry

 

[SWP's back]

This varies from jurisdiction to jurisdiction but your observation could be correct as far as criminal cases are concerned but not those of civil nature. A deeper research would be required but my gut feeling is you can't produce illegally collected material as evidence in our case.

You (they) absolutely can and the CAS has admitted this type of evidence before. It's Swiss Law, not UK Law, EU Law or Pakistani Law.

 

[SWP's back]

My personal observation is that deep down UEFA knows they dont have a strong case against us but are pursuing with it to make the elite happy or saving face. Even if they manage to get us banned, i am 100% convinced it would be overturned on appeal and thats why they are having second thoughts about banning us as they know on appeal we have a strong case in a netural setting and dont want to go through that humiliation.

This I totally agree with.

 

[Kinkys Left Foot]

Lets all be clear about this
There is little doubt as to the veracity of the material in question and YES it can be used in civil cases within the Court of Arbitration for Sport as there is already a precedent for its usage in such appeal cases. (as we have not yet made as there has currently been no sanction passed down)
My question was as we haven't yet reached that stage of proceedings can the IC Adjuctary Chamber of Uefa as a regulator use such material legally to sanction. I was wondering if there was in fact a precedent for this as I wasn't aware of one.

 

[moomba]

Not sure how any court can use the emails as evidence unless the emails are going to be reproduced in full. As far as I know UEFA are relying on the newspaper reports of the emails, not the emails themselves.

 

[shemnel]

This varies from jurisdiction to jurisdiction but your observation could be correct as far as criminal cases are concerned but not those of civil nature. A deeper research would be required but my gut feeling is you can't produce illegally collected material as evidence in our case.

My personal observation is that deep down UEFA knows they dont have a strong case against us but are pursuing with it to make the elite happy or saving face. Even if they manage to get us banned, i am 100% convinced it would be overturned on appeal and thats why they are having second thoughts about banning us as they know on appeal we have a strong case in a netural setting and dont want to go through that humiliation.

yes illegally obtained evidence can also be used in civil cases.