T&T goalkeeper Kelvin Jack vindicated.
By: Lasana Liburd (Express).[/size]
Berry took secret payment.
Trinidad and Tobago 2006 World Cup goalkeeper Kelvin Jack was vindicated in the Leeds County Court earlier this month when Justice Walker ruled that English football agent Mike Berry took an illegal, secret payment from Dundee Football Club in Jack's transfer there in 2004.
The court decision was handed down on January 11, but the Sunday Express only obtained a copy of the legal transcript on Friday.
Berry, who handles a bevy of Trinidad and Tobago players including Sunderland star Carlos Edwards, Walsall goalkeeper Clayton Ince and the Swansea pair of Dennis Lawrence and Jason Scotland, successfully sued Jack for non-payment of agent fees.
The Gillingham custodian had argued that he stopped payments to Berry's Imageview Management company when he felt the agent breached his duty to him.
Justice Walker ruled that Berry had been dishonest and showed more interest in his own financial well-being rather than his client's. Dundee, who were in administration at the time, paid $37,708 (£3,000) to Berry unknown to Jack, who had already agreed to give the agent ten per cent of his wages for the duration of his two-year deal.
Jack had asked Berry whether he received a secret payment and was told to "mind his own business". The court ruled that any payment which involved his contract was indeed the player's business.
"In my judgment, the very mischief of a secret payment to an agent," said Justice Walker, "is that the principal will never know what other deal might have been achieved.
"The agent thereby put himself in a position where his own interests and his duty to the Defendant conflicted, or at least may have conflicted."
Berry was ordered to pay Jack $28,280 (£2,250) from the secret commission plus interest of $5,028 (£400)-he was allowed to keep $9,427 (£750) for helping obtain the player's work permit-as well as his opponent's legal fees to the tune of $98,040 (£7,800) plus VAT.
However, Berry was allowed to keep his agent's fees for the duration of Jack's contract as his principal claim remained "undisturbed".
Jack expressed relief at the verdict which, he felt, vindicated his decision to fight his former agent in court and possibly rescued his own character.
Berry is under investigation in England for allegedly accepting $559,332 (£44,500) in unauthorised payments for Edwards' transfer to Luton Town in 2005.
Jack alleged that, after talking to fellow British professionals, he discovered that most agents got money from clubs rather than their clients, while the established rate was around three to five per cent of one's salary. Berry asked for and received ten per cent.
Mike Townley was Jack's instructing attorney, while Roger Quickfall served as his advocate attorney. At present, Townley is also representing the 2006 World Cup team in their legal action against the Trinidad and Tobago Football Federation (T&TFF) over bonus payments from money generated by the Soca Warriors in qualifying for the FIFA world championships.
"I am absolutely delighted," Jack told the Sunday Express. "This had nothing to do with money because I spent a lot on this case. It was a big risk and I was advised that maybe it wasn't worth the risk but I felt it necessary because my character was called into question.
"I could have ended up close to quarter-million (T&T dollars) out of pocket."
Townley had mixed feelings, though. He felt the court erred in its financial judgment and has already convinced Jack to appeal.
"The judgment went entirely in Kelvin Jack's favour," said Townley. "The disappointing thing for me is that the judge failed to recognise the legal cost of this fundamental breach of trust. But we are confident that we will win the appeal.
"The message is that football agents should not be taking money from both sides under any circumstances."
Two other World Cup players appeared in the Leeds courtroom too. Defender Brent Sancho, a former client of Berry's, appeared on Jack's behalf, while Berry called Ince as one of his witnesses.
Justice Walker said he "did not find Ince a convincing witness" and "was not satisfied that he had a clear recollection of events which occurred more than three years ago".
Jack viewed Ince's appearance as a betrayal.
"I found it absolutely shocking," he said. "Me and Brent Sancho and a lot of the boys were stunned by that fact. If ever we become teammates on the national team again, it would give me more impetus to keep him out of the team like I did for the last couple years by performances on the pitch."
Ince, who was League One "Player of the Month" last November, is set to return to international duty on Ash Wednesday in a friendly against Guadeloupe.
Jack, who has not played for Gillingham this season, was first choice for the Soca Warriors at the 2006 World Cup, until injury sidelined him for the games against Sweden and England, but has not been invited to represent his country since.
