World Cup bonus dispute adjourned again.
Thirteen aggrieved "Soca Warriors" face another delay in the local courts after the Trinidad and Tobago Football Federation (TTFF) were yesterday granted an extension in the ongoing 2006 World Cup bonus dispute at a closed-door hearing at the Port of Spain High Court.
Acting Justice Devindra Rampersad gave the local football body until October 15, 2010 to respond to the players' submissions, while he will rule on the way forward on November 26, 2010.
The footballers, who are represented by English lawyer Michael Townley and locals George Hislop and Dave De Peiza, filed submissions on August 30, 2010 as the first step in receiving judgment for World Cup bonuses which were awarded to them by the London-based Sport Dispute Resolution Panel (SDRP) in May 2008. The arbitration body's decision was upheld by the local High Court in July 2010.
TTFF special adviser and Minister of Works and Transport Jack Warner promised the Warriors 50 per cent of all revenues derived from the team's qualification for the 2006 World Cup but, four years on, they are yet to agree on a figure and the players have demanded an independent audit.
The World Cup players involved in the legal action are Kenwyne Jones, Shaka Hislop, Kelvin Jack, Atiba Charles, Cyd Gray, Avery John, Brent Sancho, Aurtis Whitley, Collin Samuel, Evans Wise, Anthony Wolfe, Cornell Glen and Stern John.
Townley alleged that the legal team for the defendants came to yesterday's hearing unprepared to respond to the submissions, while the issue is further complicated by an appeal lodged by the TTFF on September 6, 2010.
Although there is still no ruling from the Court of Appeal or a stay of proceedings, Rampersad appears to have chosen a cautious approach in granting an extension to the defendants.
"(Lawyers for the TTFF) said they wanted time to appeal the High Court's decision so the Judge felt it would be futile to deal with it now and then possibly have the matter overturned," Hislop (G) told the Express. "We are going to go to the Court of Appeal now to have the matter expedited."
Townley, who flew in from London for yesterday's hearing, described the legal maneuverings as "messy".
"The current situation is procedurally complex," said Townley. "They haven't been given leave to appeal. They have simply appealed… So there is still a question as to whether that appeal is even permissible. In the end, they will run out of procedural tactics."
The TTFF are represented by British barrister William McCormick QC and the local duo of Kelvin Ramkissoon and Om Lalla. Ramkissoon's secretary told the Express that the attorney was "unauthorised" to discuss "the matter with Warner".
The players' submission consists of four main points.
They are requesting access to "a full set of accounts" regarding the 2006 World Cup, as granted by the SDRP. This includes not only access to the TTFF's accounts but also to accounts of "every company that Warner or (TTFF president Oliver) Camps controlled or had any influence over" during that period.
The players also want Warner and the TTFF to disclose "all contracts relating to the items that are entered on the accounts".
In July, Rampersad awarded legal costs to the World Cup players for the TTFF's High Court action and they have also submitted a bill for an estimated $500,000.
More significantly, the Warriors requested an interim payment of US$3 million (TT$19.3 million) from the TTFF while the High Court determines exactly what the players are owed.
The interim figure is based on a Freedom of Information Act request, in 2007, which revealed that the TTFF earned in excess of $180 million from World Cup qualification, exclusive of gate receipts and broadcast and television rights.
"When you ask for an interim payment before there has been a final look at the accounts, you are always asking for the court to indulge you," said Townley. "But by all accounts, we are going to receive a sum well above this. Still, in order to make it easier for the court, we want to make the requested figure so completely reasonable that their argument will have no basis at all.
"Because we know they will argue everything."
Sancho, who is now the CEO of T&T Pro League outfit DirecTV North East Stars, was at yesterday's court proceedings, along with Ma Pau defender Cyd Gray and ex-WConnection defender Atiba Charles. The players remain frustrated but optimistic.
"Obviously I am a little bit disappointed because it keeps continuing on," said Sancho. "But I think there is not much room for them to continue to delay this because the Judge seems adamant that this will end on November 26."