'Hearing between FAI and representatives of Derry City Football Club'

'Hearing between FAI and representatives of Derry City Football Club'

Saturday 7th November 2009

Pat McDaid (Derry City F.C Chairman), Joe W Doherty (Club Secretary) and Desmond Doherty (Club Solicitor) arrived at the FAI headquarters in Abbotstown in Dublin at 12.30pm for a meeting with representatives from the FAI Board. They were shown into a room by reception personal.

At 12.40am Fran Gavin (Director of the League of Ireland) accompanied by Padric Smith (Compliance Officer) and Sarah O’Shea (FAI legal advisor) came into the room whereupon Mr Gavin nodded to P.McDaid and asked if he would go into the hallway with him for a chat. D. Doherty objected to this and told Mr Gavin that if he had anything to say he should say it now. Miss O’Shea asked what position Derry City was taking.

D.Doherty asked under what auspices this meeting was called and asked for a copy of the agenda. S.O’Shea said that direct statements would be made by F.Gavin, R. Coppinger, R. Fahey, and said that there would be no cross examination allowed, she also indicated that the more that DCFC cooperate the easier it will go for the club. This appeared like some sort of threat.

D.Doherty asked what rule was being used to call this meeting and what was the purpose of the meeting in the first place. S O’Shea said that section 1-9 of the participant agreement covered the legality of calling the meeting and the purpose was to discuss an earlier meeting between representatives of the Derry Board and the FAI on Wednesday 4th November 09.

The Derry delegation were then moved to another room around 2pm and finally called into another room at 2.10pm with a total of 17 representatives of the FAI present including the FAI board. It quickly became apparent that this was not just a meeting as we had been led to believe but in fact was a hearing. 

David Blood (Chairman of the FAI) opened the meeting by introducing all present and John Delaney (Chief Executioner Executive FAI ) said that the meeting would be conducted through S O’Shea (Legal advisor) 

S. O’Shea informed us that the purpose of the meeting was to discuss an earlier meeting between representatives of the Derry Board and the FAI held on Wednesday 4th November and said that 4 members of the FAI who were present at that meeting with P McDaid and S McCarron would be making statements from notes they had taken during that meeting, she then asked what DCFC approach would be? 

D Doherty formally objected to this hearing taking place in the first place, he asked for copies of the notes form the informal meeting that is the subject of this discussion so that he may have some time to analyse them and confer with his clients. 

This request was refused. 
D Doherty asked if there was anyone present who would stand to gain from any negative outcome of today’s hearing. 
Mr J Deleany said there wasn’t. 

D. Doherty explained that we had come here at short notice hearing about the event firstly on the news before being officially requested to attend, he explained that he had asked for it to be held at a later date due to having been given such short notice and not been given the courtesy of explanations or being told the exact circumstances of why we were summoned in the first place. 
Mr D Doherty stated that we had travelled today when in fact we should have been attending our former chairman’s (Hugh McDaid) mother in-laws funeral. 

He asked again under what rule this hearing was called and asked what the purpose of it was, stating that as far as he was aware there was no accusations, or charges as yet made and indicated that he was at a loss as to how he should proceed. 

S O’Shea said that the authority to call the meeting was contained in sections 1-9 of the participation agreement between the FAI and DCFC. 

Mr D Doherty asked to be directed to where in the agreement the exact rule was and under what basis in law this hearing was being conducted. 

S O’Shea once again pointed to the sections of the participation agreement she had outlined earlier and said that he Board of the FAI was the authority under which business would be conducted. She then asked that the 4 FAI representatives stand and make statements referring to their notes. 

D Doherty objected again and asked what would be wrong in him getting copies to read and consult over with his clients. 

S O’Shea said that his objection would be noted but again refused to present any of the notes to him. Mr Doherty asked for a copy of the agreed minutes from the meeting indicting that this seemed to be leading to some sort of disciplinary hearing and said his clients had every right to see the agreed official minutes. 

S O’Shea said that there were no official minutes taken and only individual notes taken at the time were available of which we would not be allowed to view. 

After some deliberation by D Doherty over the oppressive way in which this hearing was being conducted the statements were made. F Gavin, R Coppinger, P Smith and R Fahey each made statements referring to what appeared to be very detailed and coordinated notes.

Mr Doherty asked how long the meeting in question had lasted and was informed by F Gavin that it was approximately two to three hours long. He expressed surprise at the detailed way in which the notes had appeared to be taken at such an informal meeting and how uncanny it was that four individuals could construct such detailed notes at a meeting such as had taken place.

D Doherty said that there were some serious allegations being made and expressed horror that this was not discovered to him before now, saying in his opinion this just smacked of a total white-wash with an obviously predetermined outcome, not allowing his clients time to consider the statements just read out was disgraceful. 

S O’Shea said that statements were made and this was not evidence. D.Doherty clarified with J.Delaney that the statements were not evidence but just statements as such and in effect the four persons reading out their notes. Mr Doherty queried when the notes were made and if made contemporaneously at 4 November meetings’ Shea said that was the position.

A particular player’s document was produced on DCFC head paper by the FAI. 
D Doherty requested a copy of the said contract and was told the board would consider the request. 

Mr Doherty pointed out that so far no one had pointed out any wrong doing or placed any charge against his clients and he was still baffled as to what this was all about. 

S O Shea asked if that was all his clients wished to put forward. D Doherty said that without any charges of wrong doing what did she expect his client to say? 

The meeting was adjourned at 3.15pm so that the FAI Board could reflect on its own position. D.Doherty pointed out usually as a matter of natural justice and fairness an allegation is made or charges put but none existed here so his clients had nothing to answer for.

The DCFC delegation was escorted to another room in the building and given sandwiches and water as refreshments. 

At 5.05pm we were summoned back to the board room were a partial copy of the requested contract was given to D Doherty together with a written decision. 

D.Doherty requested that D.Delaney read out the decision. 

Mr Delaney read out a letter which was subsequently given to D Doherty and J W Doherty that outlined the details of the FAI board decision to terminate the contract between the FAI and Derry City F.C. 

Mr Doherty asked for a recess so that he could confer with his clients. The decision was sensational and came completely out of the blue to people who were asked to come to a so-called discussion meeting. 

Five minutes later S O’Shea asked if we could hurry up as Mr Deleney had to go to Cork to a supporters meeting.

Upon reconvening with the FAI board D Doherty asked that the details of the alleged secondary contract be looked at as this might have a bearing on the Boards initial decision and perhaps after looking at it again they might wish to reconsider their decision? 

D Doherty pointed out that the alleged secondary contract had been signed prior to the FAI std player contract and under the FAI’s own rules as printed on the std player contract by virtue of signing the std player’s contract this nullified the so-called secondary contract in the first place. 

D Doherty also pointed out that the FAI had been in possession of the outdated secondary contract since 4 September 2009 and asked if this was their main evidence why have they only chosen to act now?

S O’Shea totally disregarded D Doherty’s submissions by saying the decision was final with no recourse for appeal. 

D Doherty asked when the club could expect to receive its money from the FAI for finishing fourth place in the league, and also when it should expect to receive prize monies for participating in the Europa League. 

Mr Delaney said that as the contract between them and Derry has been terminated the FAI has ruled that there were only nine teams in the league so there would be no monies being paid to DCFC! He added that consideration would be give to the payment of European prize money. 

S O’Shea called an end to the meeting at this point saying that there was a press conference organised and it needed to get underway, she informed us that we were not allowed to attend but if we waited in the foyer we could talk to the press afterwards to make our own statements. 

P McDaid asked for and was given permission to speak. 

He made an impassioned declaration refuting totally any claims of wrong doing, he stated that he felt the treatment of the Derry City representatives was disgraceful and that all those who were a party to this ‘stitch up job’ should be totally ashamed of themselves, he said that we were brought here to be proverbially hung drawn and quartered simply to make a high profile example of and this was made much easier to do by virtue of the fact we came from the North of the island. 

He said that the decision was very clearly made before today and there were hidden agenda’s involved against the only club outside the south of Ireland. 

He concluded by saying that in making this decision the FAI had shown total disregard and total contempt for the Players, Supporters, Management, Volunteers, and Officials of Derry City Football Club not to mention the people of Derry City itself. 

The Hearing ended at 5.55pm 

Joe W Doherty
Club Secretary Derry City F.C