Honest Phil Gartside back in court again (along with Sammy Lee)?

Phil Gartside, the Bolton Wanderers chairman, has been summonsed to appear in front of magistrates to answer allegations of perjury and fraud, along with the club’s former manager Sammy Lee, the former player Gavin McCann and some of the more influential agents in the business, in what could be, if it proceeds, one of the biggest court cases of its kind in the sport.

Gartside is summonsed to answer five allegations of perjury and one of fraud while Bolton, the club, have also been summonsed to appear in court next month in relation to allegations of making “numerous false and representational contracts” in June and July 2007.

Lee, who was Bolton’s manager at the time and is now a member of the coaching staff at Southampton, is summonsed in relation to four allegations of perjury relating to his time at the Championship club. McCann, whose career included spells at Bolton, Everton, Sunderland and Aston Villa, must answer four allegations of perjury and one of fraud while Frank McParland, previously Bolton’s director of football, will hear four allegations of perjury when the matter begins at Newcastle magistrates’ court on 25 February.

McParland now takes that role at Brentford and has had a long association with Liverpool, working as their chief scout from 2003 to 2007 and returning to the club in 2009 when Rafael Benítez asked him to oversee a major overhaul of the club’s academy.

The case relates to a protracted legal battle brought by the football agent Tony McGill, in which he claims he was cut out of the £1m deal when Bolton signed McCann from Villa in 2007. McGill was suing in the original case for £300,000, claiming that Bolton brought in the sports agency SEM at “the last minute” to take the deal off him. He lost the case at Manchester civil justice centre last September, having not had a binding contract with McCann, but the judge’s findings described him as “basically credible”.

McGill is now attempting to bring a private prosecution and court summonses have been issued to 11 parties. Simon Marland, Bolton’s long-serving secretary, is summonsed to answer five allegations of perjury and one of fraud. Jerome Anderson, the chief executive of SEM and one of the most powerful agents in the industry, is summonsed on four allegations of perjury and one of fraud. SEM’s lawyers said: “SEM and Jerome Anderson are aware that a private prosecution has been commenced by Tony McGill and that summonses have been issued. The allegations are baseless and will be defended robustly.”

Three of Anderson’s colleagues of that time have also been summonsed. Dave Sheron will answer four allegations of perjury. Five are listed against Jeff Weston, along with one allegation of fraud. Steve Horner is summonsed on two perjury allegations. SEM, based in Barnet, will hear one allegation of fraud.

Gartside, who had no comment when contacted by the Guardian on Friday, joined the Bolton board and became the chairman in 1999 when Sam Allardyce was appointed manager. He has also had a place on the Wembley board and was put in charge of the Football Association’s selection process when David Bernstein was made chairman.

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How long is this going to go on for? McGill needs to give it up.

bwfc1874 wrote:How long is this going to go on for? McGill needs to give it up.

IIRC, didn't the trial judge say something along the lines of Gartside came across as shifty, McGill was however credible BUT because McGill had no evidence of a writen contract - and conditions of therein, he had no choice but to award the case against him.

I guess it is around things like when Gartside said he signed a contract without reading it to see what he was signing and he never noticed it had been back dated, etc, etc, that the case will look into?

I also think civil actions have a lower hurdle to clear to 'prove' the case.

McGill obviously fancy's his chances - and he might well be on to a winner here too if the case goes ahead.

I'm not saying Gartsides innocent, just that if there wasn't enough evidence for the first court case I don't see why there would be now.

Guilty make him play 90 mins at the weekend.

Sluffy wrote:IIRC, didn't the trial judge say something along the lines of Gartside came across as shifty

It's a bit like saying that Graham Norton comes across as a bit homosexual.

We just need the bible basher Owhine to be fingered (oohh err) now.

Not that I think that it's going to get any where, although it would be nice.

Club statement

The current allegations appear to be another attempt by Mr McGill to abuse the court process to resurrect a matter that has already been judicially determined.

As of yet full details of the current allegations have not been provided by the prosecutor Mr McGill, who appears to be handling the case personally by way of a private prosecution, but the club understands that the current allegations relate to the same set of commercial circumstances back in 2007 which were widely reported last year and which were found to have no legal merit.

The club, its officers and past employees have always strenuously rejected all claims by Mr McGill of any wrongdoing.

The club and its officers/employees were completely vindicated by the prior court proceedings and further to this the claimant was refused permission to appeal by the trial judge. The claimant has renewed his application for permission to appeal against certain of the club’s former co-defendants (related to the football agency SEM) but is not pursuing an appeal against the club or any of its (former) officers/employees.

In 2013 our lawyers made an application to strike out the claimant’s then claims and were substantially successful as a number of the allegations were found to have no reasonable grounds. As a result, a costs award was made in the club’s favour and, following non-payment by the claimant, a statutory demand for those costs was raised.

The remainder of the claimants’ claims (as amended) were heard at trial in Manchester in 2014 where they were dismissed in their entirety and a further costs order was made in favour of the defendants. Again, following non-payment, a further statutory demand was raised.

Last week an application by Mr McGill to set aside the two statutory demands was dismissed and a further costs award was made in favour of the club.

Mr McGill has so far failed to satisfy the statutory demands and further actions to recover the costs will now be taken.

The club believes that these further allegations are malicious and vexatious and will defend accordingly.

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If this drags the club further into disrepute with all this argy bargy and shit sticks, I wonder if any sitting encumbents at the club will walk before they are pushed?