Leeds owner Massimo Cellino’s appeal against ban to be heard by familiar QC
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Version 0 of 1. The appeal by the Italian businessman Massimo Cellino against his disqualification as Leeds United’s owner and director will be heard on 15 January by the same QC who ruled Cellino would be barred if a court in Italy found he had been dishonest. Tim Kerr, who is to chair the professional conduct committee scheduled to hear the latest appeal, allowed the original appeal in April, after Cellino had been convicted in Cagliari of criminally evading tax, but before the judge, Sandra Lepore, had issued her written reasons. The Football League had barred Cellino from taking over Leeds under its owners and directors test, which disqualifies people who have been convicted of criminal offences involving a “dishonest act”. Cellino’s lawyers successfully argued to Kerr that without Lepore’s written reasons, the league could not definitely decide Cellino had evaded the import duty on his yacht, the Nelie, dishonestly. Kerr agreed but in his decision allowing that appeal, he stated: “If the reasoned ruling of the court in Cagliari discloses the conduct of Mr Cellino was such it would reasonably be considered to be dishonest, he would [be disqualified under the league’s rules].” In July, Lepore ruled, in a judgment seen by the Guardian, that Cellino had evaded the tax deliberately, with “elusive intent” by forming a corporate vehicle to disguise his ownership of the yacht. When the league’s board finally saw that decision earlier this month it unanimously decided Cellino had been dishonest, and the ban should take effect. Kerr, who will now hear this second appeal against a ban, rejected in April the argument which is understood to be Leeds’ principal ground again this time, that the decision of the court in Cagliari is not the equivalent of a conviction in British law, because Cellino is appealing against it. Kerr ruled Lepore’s decision was: “A formal finding by a court of competent jurisdiction, following due process, that Mr Cellino is guilty beyond reasonable doubt of the crime with which he is charged, and that finding brings to an end the proceedings before that court.” Following discussions between Cellino’s lawyers and the league, he is being allowed to stay on as the club’s owner and director until the appeal is heard, and if he is unsuccessful, the ban will take effect two days after the decision. Given the time Kerr will take to write up his decision after 15 January, Cellino is likely to be in charge for the whole January transfer window, although Leeds are under an embargo for making losses greater than permissible under the league’s financial fair play rules. Cellino’s ban was due to take effect on 29 December but the league has not been able to schedule the appeal for before that date. If Cellino is banned by the committee’s decision, the disqualification will be extended by a length of time equivalent to the number of days between 29 Decemberand the date the ban comes into effect. |