Kembali
It seems increasingly likely that Man City will find out their sanction after the appeal process if the guilty verdict is upheld, according to football finance expert Stefan Borson,
Man City were found guilty of 114 of their 115 charges brought against them by the Premier League after being accused of breaching their financial fair play rules.
The Citizens deny any wrongdoing and have appealed the verdict – but that has not stopped speculation as to how severe the punishment could be for breaking the rules.
Some of the potential punishments include being expelled from the Premier League or a huge points deduction that would almost guarantee relegation.
It has been rumoured that the Premier League are looking to push for the sanction to come out before the appeal process is concluded, however, that seems unlikely, according to Borson.
Expecting a drawn-out process, Borson said on talkSPORT: “I think it’s quite hard to know exactly where we are in the whole order of process because the appeal may or may not go before a sanction hearing.
“It seems to me it would be sensible for the parties to agree that the appeal to the liability part i.e. how many of the 115 (charges) City have breached, that appeal would take place before we have a sanction hearing.
“Now, there’s also just the practical aspect of actually getting the same people to go through two separate processes.
“So, the sanction hearing will have both sides’ legal teams presenting, based on the independent commission’s findings, their position on sanction. That will be the starting point and also the mitigating and aggravating factors.
“That in itself is a process that needs preparation and time for the lawyers. What I don’t think can happen is a situation where they try and run both processes simultaneously.
“The preparation time required for the full appeal of the liability phase, i.e. whether they have done it or not, that to me can’t be run while they’re also being distracted on a sanction hearing.
“There’s a lot of talk about how this is going to go quick. It just seems to me that it’s very unlikely that that’s the case.”
Borson added: “The problem everyone has got is that there’s a lot of pressure for this to be done and dusted now, which is understandable of course.
“But what it misses is, the Premier League are pushing the briefing that the latest rulebook applies in that the hearing can happen in 12 weeks and there’s a decision very quickly and the hearing itself is only five days.
“I think that is very unlikely to be the case. Certainly, the parties do not agree at this point, so there’s going to have to be a hearing even to decide that part.”
He continued: “Generally in terms of process, it would make sense for them to deal with liability, then for it to be passed back for sanction, City will then inevitably, if found to have breached any of the 115, appeal the commission’s sanction hearing.
“So there’s still a process and that’s why I think the idea that it can all be squashed into the remaining part of the season, although in a logical sense there’s loads of time left, the reality is we’re on October 20, and there are probably 1,000 pages in that decision.
“And City have already said that their approach on appeal is going to be forensic and not only look at law, principle, but also on the facts of the case.”
A report in the Daily Mail on Monday revealed that the most likely punishment is now a points deduction that will guarantee Man City are relegated from the Premier League.
Borson continued: “They’re saying they’re going to get on with things as much as possible, but what I’m saying is, my information is things are not all rosy and agreed between the parties about rule books, about processes, about staging.
“Therefore, there’s going to have to be hearings that decide the order of events and most importantly the timing that is going to be allocated to each bit of the process.
“It would not surprise me, for example, if instead of five days of appeal for the liability part, we need four weeks minimum.
“These are very, very serious matters, very, very serious findings so far from the Independent Commission, but City will say that fairness demands they are given as much time as necessary in that appeal process to go through all of their arguments.”
When asked if there was anything that could stop the Premier League handing out sanctions now, Borson replied: “I think so. If it was something that is irreversible i.e. relegating them and then being corrected later, City would argue that was irreparable damage.
“Therefore I think it’s unlikely any sanction is implemented before the expiry of the appeal process on sanction.
“So I do think that it seems to me that you have to go through the various stages, they do have to complete those appeals before the actual punishment is laid down on City. I just can’t see any other way.
“City will say that until the appeal has been decided, there is risk of irreparable harm and I think that’s something they will accept.”