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Liverpool back Blades in Premier League hearing
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18 June 2007
The Blades want the panel to order a fresh disciplinary hearing against West Ham over the Carlos Tevez affair.
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Support: Rick Parry
Parry was the first chief executive of the Premier League and he was called as a witness by Sheffield United to answer questions about when the rules were first established.
The Blades are claiming that West Ham should have been docked points by an independent commission for including third-party agreements when they signed Tevez and Javier Mascherano, contrary to Premier League rules.
Parry, incidentally, first drew attention to the rule breaches when Liverpool signed Mascherano from West Ham in the January transfer window.
Sheffield United plc chairman Kevin McCabe also appeared as a witness, with Premier League chief executive Richard Scudamore and general secretary Mike Foster appearing for the other side.
The panel can order a new disciplinary hearing against West Ham, or that some compensation be paid to Sheffield United.
The three-man panel's main role is to see whether the correct disciplinary procedures were followed.
Retired High Court judge Sir Philip Otton is chairing the arbitration tribunal hearing, which is expected to conclude tomorrow, with David Pannick QC representing the Blades and leading barrister Nicholas Randall acting for the Premier League.
The Premier League's confidence that a new disciplinary hearing will not be ordered was reflected in their decision to publish next season's fixture list last week on the basis that the Blades will be in the Coca-Cola Championship next season.
McCabe however has expressed his belief in a result going in their favour.
He said: "We have a compelling case that's based upon an irrational decision given by the first independent commission that was set up. We would not have pursed going to arbitration unless we thought we would win."
He said no appeal against the panel's decision would be made "unless there are points that come out through the arbitration that are worth pursuing".
A statement released on behalf of the panel this afternoon read: "An arbitral panel, made up of Sir Philip Otton, Mr David Pannick QC and Mr Nicholas Randall, is sitting in central London to hear the dispute between Sheffield United and the Premier League board.
"Sheffield United are represented by Ian Mill QC; the Premier League by Paul Goulding QC. Fulham are represented by Michael Beloff QC.
"Sheffield United are asking the arbitral panel to determine two matters.
"The first is whether the decision by the independent disciplinary commission on April 27 to fine West Ham, rather than dock points, was legally flawed such as to require the issue to be determined afresh by a disciplinary commission at some point in the future.
"The second is whether the Premier League acted unlawfully by not de-registering Tevez. Fulham are seeking similar relief.
"The arbitral panel have no power to decide what the penalty to be imposed upon West Ham should be.
"This will be within the exclusive remit of the disciplinary commission, if one is convened as a result of the arbitral panel's decision.
"The arbitration is scheduled for two days and it is expected that proceedings will run into tomorrow. It is not yet known when a decision will be reached."
Upon leaving the hearing today, McCabe said he remained hopeful the panel will make a decision tomorrow.
"It's been a busy day," he told Sky Sports News.
"Tomorrow there will be further evidence and then the panel will opine and decide.
"The arbitration is going well and I think the panel recognise all the points of the case.
"It's about writing the wrongs from the first decision. That's really part of the arbitration proceedings and why we served the notice on the Premier League back in mid-May.
Asked whether he was hopeful of a decision tomorrow, the plc chairman said: "I hope so, yes, but it still rests with the panel."
Questioned as to whether Parry's appearance as a witness was due to Liverpool's signing of Javier Mascherano from West Ham, McCabe said: "Not particularly. Rick is an experienced football guy. He's a good witness."
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