Why is the secrecy surrounding Manchester City's FFP case so damaging?

Why is the secrecy surrounding Manchester City’s FFP case so damaging?

On January 16, Premier League chief executive Richard Masters appeared before a British parliamentary committee to discuss arguably the most serious disciplinary case involving the most successful club in recent English football history: the 115 charges against Manchester City, which, if proven, could result in the club being stripped of titles, relegated, fined, sued, tarred and feathered, and forced to sit in a corner until kingdom come.

“There is a date set for that proceeding [against Manchester City] but unfortunately I can’t tell you when that is, but that is progressing,” Masters was quoted as saying. (Skip to 1:26 to view this portion.)

Now, it’s clear that the Overton window of what we’ll accept from those who control us (or, in this instance, the things we like, such as football) has altered, but consider this for a moment. Manchester City are facing a decision by a three-person independent panel that could have far-reaching consequences for the English game, and the public — who, let us not forget, pay for the whole shebang by purchasing tickets, merchandise, TV subscriptions, and so on — doesn’t even have the right to know when the freaking thing is.

And it’s not only that: we don’t know who will sit on the panel and hear City’s argument. We’ll find out after the hearing.

Oh, and while we’re at it, keep in mind that the charges cover alleged rule violations dating back to 2009 — before anyone in the current City squad, other than third-choice keeper Scott Carson, turned professional — and that the Premier League spent four years investigating the case before bringing them 11 months ago.

In addition, after declaring in March 2019 (four months after the probe started) that City were under investigation, the Premier League (and City) spent years without notifying anybody what was going on, or even whether the investigation had been abandoned. (We only discovered out in summer 2021 that it wasn’t dropped because Her Majesty’s Court of Appeal deemed it appropriate to notify us.

Do you find this anything but absurd? Shouldn’t justice be both speedy and just?

To be clear, I am not blaming Masters here. In fact, considering how explicit he was that he’s under a gag order — minutes before confirming that a date had been set, he clearly said, of the allegations confronting City, that he “cannot talk about [them] at all” — I’m appreciative to him for even mentioning that a date had been scheduled. After all, he was neither under oath or, as far as we can determine from the tape, under duress in the room.

No, Masters is a victim in this case because lawyers and laws have created a scenario in which no one involved — not at the Premier League, not at Manchester City — can say anything about the case, when it will be heard, or even by whom. All for what? For fear of finding another counsel who might persuade a court that coming out would somehow jeopardize the case, we ended up with whatever the independent commission equivalent of a mistrial is. Worse, we may have to engage actual judges and courts (again).

I’m sure some lawyer on one of the two parties devised a justification why all of this had to happen so far beneath. This is an accounting and reporting issue between a league that will soon be subject to an independent regulator and a club that is also a member of that league (and so subject to its regulations). Both operate as entertainment businesses and social enterprises thanks to the enthusiasm (and money) of tens of millions of followers.

Why the closed-door hearing, as if this were an extraordinary rendition interrogation? Why is there such an uncertainty about the date — Masters spoke last week, so they may have already conducted the hearing. Why the panel’s anonymity: do they really believe someone would interfere with them as in a 1970s mafia film?

We don’t know since nobody can discuss it. All you get is an unending rehash of information from the “Football Leaks” probe and the UEFA investigation — some of which pertain to this case, some of which do not, and some of which will be considered by the same legal standard, some of which will not.

Pep Guardiola, City’s most successful manager, at least had the option of approaching his bosses personally. “When they’re accused of anything, I ask, ‘Tell me about that.’ “They explain, and I believe them,” he said in May 2022.

What if they are lying to you, Pep?

“If you lie to me, the day after I am not here,” he went on to say. “I will be out and I will not be your friend any more.”

All of this breeds distrust in our institutions and endless conspiracy theories at the extremes. Some argue that City are cheating, that their success is contaminated, and that the Premier League is weak and spineless for allowing them to get away with it for so long. For those on the other end, City is the victim of a witch hunt orchestrated by England’s historic legacy clubs — you know, Liverpool, Arsenal, Manchester United — who push their puppets in the Premier League to build a baseless case against them.

Most rational people are somewhere in the center because they want to make their own decisions, like Pep did. We’d want the rules described to us in a language that we can comprehend, as well as the proof that City breached them and City’s argument. We won’t be making the decisions since we aren’t versed in the purportedly mystical finer aspects of the law, but it would be helpful to understand what this case is about, how it will be evaluated, when, where, and by whom.

But no. We will not be able to afford such luxury. To be honest, this will make accepting the result, whatever it is, much more difficult. If and when it is released, of course.

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