Salary Cap Witch Hunt. **Appeal unsuccessful**

[Woodsie]

Begs the question why Penn is even bothering. Surely his legal team would be aware of this...?

I'm hoping this is where we have an ace up our sleeve where we are able to prove that other clubs have done exactly what we have been found guilty of eg Gorman's connections with the Sharks or Greensprogs attempt to poach Manly players from years ago with the talked about email we apparently have.

If we can prove that other clubs have been allowed to "guarantee" TPA's then it's maybe our way out...?

In a world of my own construction ..... The NRL (read GreenTurd) will pull this stunt ... Manly says **** you and takes them to the supreme court .... where their silks call all phone computer and email and messages to and from GeenTurd to anybody involved in the case for the past 2 years as evidence.

 

[Woodsie]

You're right. We aren't over the cap this year. But the investigation was about previous years. For those years we were over the cap because of the inclusion of the TPA's.

Yes but those in previous years had been approved by the NRL and the payments made where included and under the cap .... it is only now that they have been Unapproved retrospectively that they are saying we made payments "outside" of the cap ... not over the cap.

 

[manly al]

But this where it comes down to the or a reasonable or acceptable interpretation of this ' Best Endeavor ' clause or provision for any club "s participation in any T P A negotiation or arrangement . Penn as spokesperson for the club is adamant and emphatic that Manly have done nothing that did not broadly or directly comply with the existing guide lines at that specified time and is and was common practice throughout club land previously . Certainly hope that he and his legal representatives do have a very compelling case in whatever form .

 

[Mark from Brisbane]

In the Telegraph this morning there is a small article saying .... that our case is unwinnable because .... that with regard to the appeal .. even if the NRL are wrong .... there exists a clause that says they can simply say so what ... and then award costs against Manly ....

WTF ...

Can anybody find and post the article ..... cheers ...

Probably right as far as the NRL goes but then Penn would take it to a civil court, and then “ proper legal rules” would apply!!

I’m still confident!!

 

[HoldenV8]

we weren't found guilty of being over the cap

Exactly. So instead they go for technicalities in the TPA rules which are subjective at best.

Not so sure it was the smartest move by the NRL to do that because its opened a can of worms over TPA's which could have far reaching consequences.

 

[Mark from Brisbane]

Exactly. So instead they go for technicalities in the TPA rules which are subjective at best.

Not so sure it was the smartest move by the NRL to do that because its opened a can of worms over TPA's which could have far reaching consequences.

Don’t worry this will backfire on Greenturd, it has the ability ( although not guaranteed) to blow the whole TPA thing out of the water.

 

[HoldenV8]

Don’t worry this will backfire on Greenturd, it has the ability ( although not guaranteed) to blow the whole TPA thing out of the water.

Good on both counts.

 

[SeaEagleRock8]

The rule apparently says “if the NRL appeals committee is of the opinion that the issue or issues raised by an appeal might be decided in favour of the Appellant [Manly] but consider that no substantial miscarriage of justice has occurred, the NRL Appeals Committee shall dismiss the appeal and may direct he Appellant to pay the Respondent’s costs of and incidental to the matter”.

I am pretty sure that the penalties imposed would give rise to a substantial miscarriage of justice if Manly can prove its case.

How the **** does that clause get through a lawyer's breakfast?

fmd, as woodsie said "So you might be right, but we have subjectively determined that it doesn't really matter...and you have to pay all costs for being inconsiderate enough to make us all look like fools."

Even a kangaroo court would look at that and say "wow, that's not right."

There is a similar rule at law governing criminal appeals, known as 'the proviso'.
"The ‘proviso’ enables a court hearing a criminal appeal to dismiss the appeal if it accepts that, although there has been some form of error in the trial, there was no ‘substantial miscarriage of justice’. The existence of the proviso reflects the need to balance an accused person’s right to a fair trial, conducted according to law, with the desire to avoid overturning convictions on the basis of inconsequential errors at trial"

 

[manly al]

You would think though that we would have argued our case during the initial response....?
Not sure what there is left to argue but I hope they've saved something in this process.

Can see where you are coming from and the point that you are making but i guess that Penn and his legal reps just mainly want a different forum to keep on presenting their case . After all , it is just Greenberg and the N R L 's adjudication and rulings that are being subject on and applying to Manly right now but also agree , it would be really good if there are some more important details to present in Manly "s favor .

 

[globaleagle]

There is a similar rule at law governing criminal appeals, known as 'the proviso'.
"The ‘proviso’ enables a court hearing a criminal appeal to dismiss the appeal if it accepts that, although there has been some form of error in the trial, there was no ‘substantial miscarriage of justice’. The existence of the proviso reflects the need to balance an accused person’s right to a fair trial, conducted according to law, with the desire to avoid overturning convictions on the basis of inconsequential errors at trial"

What are ya? A damn lawyer???

I can understand that one. Sounds like.. so crims (found guilty) can't spend appeal after appeal (or even one) to get their conviction overturned over some tiny non procedural stuff up.

Like when the cops beat a confession outta someone!

edit: - thanks!

 

[Mark from Brisbane]

It was always going to be rejected by the NRL review committee ( although we haven’t heard that yet) who after all are just an extension of Greenturd.

It’s the step after this that Penn’s interested in!

And if it gets to this Greenslime will be “ ****ting bricks”.

 

[Mark from Brisbane]

Because if I’m correct ( @SeaEagleRock8 ??) once it gets to a proper court, player managers could be subpoenaed to testify and that would send shock waves through Todd Greenturd’s underpants!

 

[40 years an eagle]

There is a similar rule at law governing criminal appeals, known as 'the proviso'.
"The ‘proviso’ enables a court hearing a criminal appeal to dismiss the appeal if it accepts that, although there has been some form of error in the trial, there was no ‘substantial miscarriage of justice’. The existence of the proviso reflects the need to balance an accused person’s right to a fair trial, conducted according to law, with the desire to avoid overturning convictions on the basis of inconsequential errors at trial"

I guess Toady and his lackies would categorise a baseless witch hunt as an "inconsequential error"

 

[HoldenV8]

I doubt it - this only came to light because of an obvious vendetta against this club and this club only. Any proactive investigation into broader TPA practices will incur the wrath of powerful interests and will therefore not happen - the NRL will just continue to sweep it under the carpet.

More than likely. But I still want to see Greenturd buried in his own bull$hit.

 

[Paw93]

There is a similar rule at law governing criminal appeals, known as 'the proviso'.
"The ‘proviso’ enables a court hearing a criminal appeal to dismiss the appeal if it accepts that, although there has been some form of error in the trial, there was no ‘substantial miscarriage of justice’. The existence of the proviso reflects the need to balance an accused person’s right to a fair trial, conducted according to law, with the desire to avoid overturning convictions on the basis of inconsequential errors at trial"

That comes into play if they deem that the appeal is based on an "inconsequential error" during the trial right? So if Manly are arguing the NRL's interpretation of "best endeavours" then it is a fairly significant component of the trial. I don't think the appeals committee can brush that error aside using this rule.

 

[SeaEagleRock8]

It’s all guesswork as to how this plays out. Manly know the case against them, but stuff-all detail has been made available to the public (aka actual fans of the game).
All I know is that a victory over Greenberg would be almost as sweet as a premiership win.

 

[Paw93]

Is there an appeals committee we can appeal to about the appeals committee?

Yeah. I think @God will take care of them for us.

 

[HappilyManly]

These 3 players' TPAs were the start of our problems

https://au.sports.yahoo.com/league/...lary-cap-allegations-nate-myles-dylan-walker/

 

[Highflier]

More than likely. But I still want to see Greenturd buried in his own bull$hit.

I just hope that his spchincter is so stretched after Penn’s legals have been thru him that he has to wear a nappy for the rest of his life.
Start clenching Greenburg, let’s the hope the Penn is mightier than the Turd!

 

[Mark from Brisbane]

It’s all guesswork as to how this plays out. Manly know the case against them, but stuff-all detail has been made available to the public (aka actual fans of the game).
All I know is that a victory over Greenberg would be almost as sweet as a premiership win.

That it would, in fact to see that prick hung, drawn and quartered would be a joy to behold!!