With regard to the ongoing litigation between 13 of the 2006 World Cup players and the TTFF, the latest development is that the TTFF, and its president Oliver Camps, have failed to comply with a High Court order to make an interim payment of TT$4.26 million.
According to the court order this payment had to be made by close of business on 18th October 2011 but no payment has been received. A letter from the Federation’s lawyers suggests that the Federation don’t have the money to pay the amount that has been ordered.
We have given the TTFF, it's president and it's former special advisor every opportunity to resolve this issue promptly and amicably. The issue is simple, Jack Warner promised that the TTFF would pay the players 50% of the FIFA grant and commercial revenue, all we want to know is what that figure amounts to. The TTFF could have given us this information long ago, without the need for complicated, drawn-out and expensive litigation.
A letter that was obtained from the Ministry of Sport and Youth Affairs in September 2007 stated that; “the total sum contributed to the Trinidad and Tobago Football Federation by the Government of Trinidad and Tobago, Private Sector Organisations and FIFA amounted to TT$ 205,690,113.50”
The obvious question that needs to be asked is where did all that money go, how was it spent? This question becomes even more urgent when you examine the Federation’s audited accounts for the years 2005 and 2006. These have been disclosed and they show total income for both years as being just $11,610,992! The Honourable Justice Devindra Rampersad described the Federations financial status as being "unaccountable".
We remain strong in our resolve and maintain complete faith in our judicial system.
Based on what the TTFF have now said it appears that the TTFF is currently insolvent and unable to pay its debts as they fall due. Unless this situation is resolved then it would seem inevitable that the TTFF will be subject to some form of insolvency procedure under the provisions of the Bankruptcy and Insolvency Act 2006. This will at least allow for a thorough and independent financial examination by a licensed and appropriately qualified insolvency trustee.
We are still hopeful this matter might be resolved without the need to instigate further formal procedural steps against the TTFF, but the prospects do not look promising.
None of this was of our making and the TTFF have always had the ability to bring an end to the litigation by coming clean about their finances and paying us what they promised.
Supporting documents
T&T Bankruptcy and Insolvency Act, 2007
Auditors' Report to the Trinidad and Tobago Football Federation
Exhibit "MDT11" - TTFF Accounting Disclosure Bundle
Mike Townley is the Head of Sports at the UK-based legal firm Bates Wells & Braithwaite, and represents the 2006 Warriors in their case against the Trinidad and Tobago Football Federation.