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We want blood - Wigan demand Premiership chief quits
16 May 2007
In a letter to chief executive Richard Scudamore, Whelan claimed Scudamore and chairman Dave Richards were guilty of a dereliction of duty' when they allowed Carlos Tevez to represent West Ham in a crucial relegation match at Wigan on April 28.
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Criticised: Dave Whelan claimed chief executive Richard Scudamore (above) and chairman Dave Richards were guilty of 'a dereliction of duty'
On a day when relegated Sheffield United filed arbitration proceedings against the Premier League, Whelan said he was appalled' that Scudamore and Richards did not follow the recommendation of an independent commission chairman and cancel Tevez's registration.
Instead, claims Whelan, the Premier League held a telephone board meeting and, having received assurances only from West Ham that the third-party agreement with MSI/JSI, the player's offshore owners, had been terminated, allowed Tevez to play the following day. He scored twice in a 3-0 win at the JJB Stadium.
In the letter copied to the other 19 Premier League clubs, Whelan wrote: "I would like to once again ask the question in my email of May 11, did you actually receive a copy of the documentation from West Ham United which showed that the original agreement between West Ham and MSI/JSI had been cancelled?"
Whelan also asked about documentation from MSI/JSI giving permission to cancel that agreement and whether the ownership of Tevez was then held by West Ham. He added: "The judgment given by the independent panel ordered that the registration of Tevez could be terminated by the Premier League. You then proceeded to hold a board meeting by telephone between yourself, the chairman and the secretary.
"I am appalled that the chairman would allow such an important decision to be made on the basis of a telephone call.
"Surely a decision of this magnitude required an open and full discussion. You had been ordered by the chairman of the commission to seriously consider the termination of this contract. Your failure to do so in my mind is a dereliction of the duties of both the chairman and yourself and the pair of you should consider resigning."
Whelan's views were echoed by another senior club official, who said he was staggered a £40million decision can be made over the telephone', while referring to the original recommendations of the independent commission that examined the Tevez case. "We order the registration of Carlos Tevez can be terminated by the FA Premier League and we order that West Ham pay the cost of those proceedings."
In an effort to satisfy the 20 Premier League clubs that they have acted correctly, Scudamore and Richards sent out a six-page explanation earlier this week.
Whelan has led the call for evidence that the third-party agreement between West Ham and Tevez's owners had been terminated, and in Tuesday's letter the Premier League said officials had received the following prior to the deadline of noon on April 28:
A LETTER from West Ham United sent to Tevez, MSI and JSI terminating the private agreement between them dated August 30, 2006, and notifying those parties that the private agreement shall cease to have any further force or effect.
A LETTER from the legal representatives of MSI and JSI acknowledging receipt of the above letter.
A LETTER confirming that the above letter had been served on Tevez personally.
In Whelan's opinion, however, the key question remains unanswered because at no point do the Premier League say they received confirmation from MSI that the agreement had been terminated.
Scrutinising: Wigan chairman Dave Whelan has gone on the offensive
It also amazes Wigan officials that it took less than 24 hours for West Ham to satisfy the Premier League that selecting Tevez was no longer a breach of their rules when it took Liverpool five weeks to gain the same clearance for Javier Mascherano, who joined West Ham with Tevez last August.
In the meantime, the Premier League know they have a legal battle with Sheffield United on their hands that is being monitored by FIFA. A statement from Bramall Lane said: "Sheffield United is challenging the legality of the League Commission's decision to hand West Ham a fine rather than (as had been universally expected) docking West Ham points and cancelling the registration of Mr Tevez.
Sheffield United also challenges the Premier League's conduct in failing to conduct an adequate investigation into the continued fielding of Tevez after the April 27 decision despite serious questions over his eligibility (which remain unresolved), or to get sufficient evidence as to continuing third-party influence over Tevez.
Sheffield United will argue that the League should have cancelled Mr Tevez's registration in the absence of such evidence."
In addition, Sheffield United want to see "the setting up of a new disciplinary hearing against West Ham, with the hearing to consider the issue of the club's continued fielding of Tevez". At the same time, they believe there should be "a hold on preparations for next season which wrongly assume that West Ham remains a Premiership club and Sheffield United is relegated to the Championship".
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