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FIFA Opens Disciplinary Proceedings Against Lisle Austin
Posted Yesterday at 02:34 PM by Bill Archer
According to wire reports, FIFA is going ahead with DISCIPLINARY PROCEEDINGS starring our good friend Lisle "Moonbat" Austin, erstwhile "former acting President of CONCACAF" for submitting his suspension to an ordinary court in the Bahamas in violation of FIFA regulations.
Coincidentally, I had just come across some information on said lawsuit which, if I read i correctly, indicates that Crazy Lisle is going to end up owning Sunil Gulatis' house.
Or something. Feel free to help me out with the legalese.
The Bahamian judgement was issued by High Court Justive Stephen Isaacs and it orders CONCACAF to desist “from interfering with Lisle Austin in the discharge of his duties as acting president”.
Justice Isaacs specifically warned CONCACAF Executive Committee members Alfredo Hawit, Justino Compean, Ariel Alvarado and Sunil Gulati that they must not attempt to hinder Austin as he resumes his duties.
Isaacs also said if they disobey they “may be found guilty of contempt of court and may be sent to prison or fined or your assets may be seized”.
Now in truth I don't see Sunil wearing an orange jumpsuit anytime soon, if for no other reason than the fact that the State of New York isn't likely to be terribly interested in rounding him up on orders of some Caribbean judge because of some kerfuffle over who's the president of a soccer organization.
Also coincidentally - or perhaps not - the CFU posted a lengthy defense of Loony Lisle on their normally dormant official website which MAKES IT VERY CLEAR that to them this is about nothing whatsoever aside from CFU control over CONCACAF.
Austin says he is "contesting" FIFA's decision based on a number of issues.
Leaving aside the fact that, aside from a) another Bahamian court b) FIFA itslef and c) the European Court of Arbitration for Sport, there's literally noplace he can take his stunning legal wit and wisdom, here is his case:
First: CONCACAF is not a member of FIFA but rather an organization comprised of National Football Associations. Therefore, “while FIFA’s Statutes Article 65 (2) speak to the prohibition of going to ordinary courts, that speaks only to members of FIFA with complaints against them, not confederations or officers of confederations."
Second: Austin is hauling out the same "CONCACAF is organized under Bahamian law and thus Bahamian courts are the legal authority" argument:
“The constitution of a country is (the) supreme law of the land and any company registered under a particular jurisdiction would have to comply with that country’s constitution”. Therefore, the injunction is valid.
Third: Austin (well, OK, Jack Warners' lawyers) claims that the FIFA rule referring disputes to the CAS does not apply because “Article 62 (1) clearly states that CAS is for the settlement of dispute between FIFA and Members, Confederations, Leagues, clubs, players, officials and licensed match agents and players’ agents. The dispute before the High Court is not FIFA and Lisle Austin but Lisle Austin and CONCACAF”.
Fourth: Austin/Warner says that Article 17 of the FIFA statutes refers to the independence of each member, so if they are viewing CONCACAF as a member then they must not interfere with their internal matters.
Again, I'm not qualified to pass judgement on the relative merits of these arguments beyond noting that FIFA simply doesn't care about any of them.
I will say however that a) claiming that CONCACAF is not a member of FIFA is ludicrous, b) FIFA isn't going to change it's mind about the validity of local court rulings, now or ever, c) the third argument is exactly the same as the first and d) give me a frigging break.
Bottom line, if Austin thinks he can buffalo FIFA into naming him President of CONCACAF he's even crazier than we already think he is.
Perhaps he hasn't noticed, but FIFA is in no mood to screw around.
Posted Yesterday at 02:34 PM by Bill Archer
According to wire reports, FIFA is going ahead with DISCIPLINARY PROCEEDINGS starring our good friend Lisle "Moonbat" Austin, erstwhile "former acting President of CONCACAF" for submitting his suspension to an ordinary court in the Bahamas in violation of FIFA regulations.
Coincidentally, I had just come across some information on said lawsuit which, if I read i correctly, indicates that Crazy Lisle is going to end up owning Sunil Gulatis' house.
Or something. Feel free to help me out with the legalese.
The Bahamian judgement was issued by High Court Justive Stephen Isaacs and it orders CONCACAF to desist “from interfering with Lisle Austin in the discharge of his duties as acting president”.
Justice Isaacs specifically warned CONCACAF Executive Committee members Alfredo Hawit, Justino Compean, Ariel Alvarado and Sunil Gulati that they must not attempt to hinder Austin as he resumes his duties.
Isaacs also said if they disobey they “may be found guilty of contempt of court and may be sent to prison or fined or your assets may be seized”.
Now in truth I don't see Sunil wearing an orange jumpsuit anytime soon, if for no other reason than the fact that the State of New York isn't likely to be terribly interested in rounding him up on orders of some Caribbean judge because of some kerfuffle over who's the president of a soccer organization.
Also coincidentally - or perhaps not - the CFU posted a lengthy defense of Loony Lisle on their normally dormant official website which MAKES IT VERY CLEAR that to them this is about nothing whatsoever aside from CFU control over CONCACAF.
Austin says he is "contesting" FIFA's decision based on a number of issues.
Leaving aside the fact that, aside from a) another Bahamian court b) FIFA itslef and c) the European Court of Arbitration for Sport, there's literally noplace he can take his stunning legal wit and wisdom, here is his case:
First: CONCACAF is not a member of FIFA but rather an organization comprised of National Football Associations. Therefore, “while FIFA’s Statutes Article 65 (2) speak to the prohibition of going to ordinary courts, that speaks only to members of FIFA with complaints against them, not confederations or officers of confederations."
Second: Austin is hauling out the same "CONCACAF is organized under Bahamian law and thus Bahamian courts are the legal authority" argument:
“The constitution of a country is (the) supreme law of the land and any company registered under a particular jurisdiction would have to comply with that country’s constitution”. Therefore, the injunction is valid.
Third: Austin (well, OK, Jack Warners' lawyers) claims that the FIFA rule referring disputes to the CAS does not apply because “Article 62 (1) clearly states that CAS is for the settlement of dispute between FIFA and Members, Confederations, Leagues, clubs, players, officials and licensed match agents and players’ agents. The dispute before the High Court is not FIFA and Lisle Austin but Lisle Austin and CONCACAF”.
Fourth: Austin/Warner says that Article 17 of the FIFA statutes refers to the independence of each member, so if they are viewing CONCACAF as a member then they must not interfere with their internal matters.
Again, I'm not qualified to pass judgement on the relative merits of these arguments beyond noting that FIFA simply doesn't care about any of them.
I will say however that a) claiming that CONCACAF is not a member of FIFA is ludicrous, b) FIFA isn't going to change it's mind about the validity of local court rulings, now or ever, c) the third argument is exactly the same as the first and d) give me a frigging break.
Bottom line, if Austin thinks he can buffalo FIFA into naming him President of CONCACAF he's even crazier than we already think he is.
Perhaps he hasn't noticed, but FIFA is in no mood to screw around.
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