THE former TT Football Association (TTFA) executive, led by ousted president William Wallace, is hoping to settle their dispute with FIFA out of court, suggesting the matter be resolved through mediation.
TTFA attorney Matthew Gayle, in a letter on Monday addressed to head of litigation at FIFA Miguel Lietard Fernandez Palacios, wrote, “Since your having been served, it was brought to my client’s attention from a report in the public press that FIFA may be willing to consider the possibility of a mediated settlement in the matter. This would appear to be in response to the suggestion by my co-counsel to the effect that as a matter of principle a mediated response is always to (be) encouraged in such disputes, so as to best preserve the long-term relationship of the parties.”
The former T&T executive is fighting FIFA on its decision to disband the group, claiming FIFA has no right to interfere with a democratically-elected local body. The TTFA is being represented by Gayle, Dr Emir Crowne, Jason Jones and Crystal Paul.
On May 18, the former TTFA executive decided to take the matter against FIFA to the T&T High Court instead of the Court of Arbitration for Sport (CAS). The TTFA felt they would not get a fair hearing at CAS.
Wallace and his team served claim documents to FIFA to indicate whether they want to defend themselves. The TTFA gave FIFA eight days, starting May 19, to respond.
FIFA responded saying they intended to defend it. Dr Claude Denbow SC and junior counsel Jerome Rajcoomar will be representing FIFA after filing their entry of appearance in the High Court on Tuesday.
The Wallace-led executive was removed from office by FIFA on March 17 after less than four months in the job.
The former executive was replaced by a normalisation committee led by local businessman Robert Hadad. The committee was formed to run the affairs of local football, including getting rid of the $50 million debt facing the local football body.
In his letter, Gayle also referred to the situation where FIFA agreed to help the Zimbabwean Football Association (ZIFA) clear its hefty debt. Gayle is hopeful that FIFA may be more willing to find an amicable resolution with the TTFA like what FIFA did with Zimbabwe.
“The ongoing dispute between the TTFA and FIFA will only have a deleterious effect on the sport which serves no proper purpose. That being said, the approach recently adopted by FIFA in respect of the Zimbabwean governing body of football does seem to suggest a more sensitive approach to FIFA’s duties towards national bodies.”
The Herald newspaper in Zimbabwe, on Saturday, reported that FIFA would “bail out” ZIFA of its US$10 million debt.
Gayle said they can take their request of mediation to the court.
“Furthermore, in default, of the parties having made considerable progress in these without prejudice discussions by the date for filing your defence, my client will be seeking an expedited trial of the matter.”
Jones, in a follow-up, sent a letter on Thursday to Donna Denbow of the Law Offices of Dr Claude Denbow SC, reiterating what was said by Gayle to FIFA.
The TTFA lawyers are hoping for a response to their request for mediation by 2 pm, on Friday.
RELATED NEWS
Wallace reaches out to Fifa for mediation for the third time, letter sent to Denbow
By Lasana Liburd (Wired868).
Besieged Trinidad and Tobago Football Association (TTFA) president William Wallace made his third approach to Fifa today requesting mediation, via the world governing body’s local firm the Law Offices of Dr Claude Denbow SC, as the elected officers try to stave off their attempted removal.
The Fifa Bureau of the Council, headed by Fifa president Gianni Infantino, declared that Wallace and vice-presidents Clynt Taylor, Susan Joseph-Warrick and Sam Phillip were removed immediately on 17 March after just four months in office, due to serious financial issues at the local football body.
Wallace subsequently wrote to Infantino on 24 March and Fifa’s head of litigation, Miguel Palacios, on 25 May requesting dialogue and stressing that TTFA officials are happy to work with Fifa and Concacaf to address the relevant concerns. Neither letter bore fruit.
At present, the two bodies are set to fight in the High Court where the TTFA filed an injunction to block Fifa and its normalisation committee from interfering in its operations. Fifa, through the Law Offices of Dr Claude Denbow SC, are expected to counter that the case should be fought at the Court of Arbitration for Sport (CAS) due to an arbitration clause in the constitution of both parties.
Attorney Jerome Rajcoomar, who is representing Fifa in the High Court alongside Dr Claude Denbow and Donna Denbow, declined comment on the matter.
Wallace, who is represented legally by Matthew Gayle, Dr Emir Crowne and Crystal Paul, made it clear that they would prefer an amicable settlement out of court.
“While our client maintains its position in respect of the merits of its case, there is no escaping the fact that a working relationship between our respective clients is essential for the good of football in Trinidad and Tobago,” stated Gayle, in an email to Mrs Denbow this morning. “Mr Wallace has repeatedly called upon [Fifa] to discuss the way forward with himself and his executive; but these calls have thus far gone unanswered.
“I trust that good sense will prevail and your client will now agree to meet our client at the negotiating table in the interest of and for the good of the sport. This approach, as I understand it, is in keeping with the spirit of Part 1.1, ‘The Overriding Objective of the Civil Proceedings Rule’.
“To this end, our client is optimistic that progress may be made towards a resolution of the issues promptly and without the need for further costs to be incurred by either of the parties to the instant matter.”
Wallace and his vice-presidents gave Fifa a deadline of 2pm on Friday to respond. Thus far, Infantino and Fifa secretary general Fatma Samoura have been unwilling to engage.
On 24 March, Wallace wrote to Infantino and, after enquiring about his health and the wellbeing of his family, ‘humbly’ sought dialogue of the Fifa Bureau decision that he described as: ‘a bit premature and unjustifiable’.
Again, the TTFA president hinted at the controversial real estate deal involving the Arima Velodrome as its ace to address the local body’s debt.
“Discussions commenced with the stakeholders which include arms of the government,” stated Wallace, “and even though this arrangement has prematurely [been put] in the media domain our foreign partners are still behind us. There were plans by our partners to visit Trinidad and Tobago in mid April to formally continue the conversation, of course based on Covid-19 this is not possible.
“They are however, preparing the necessary documents to send to us over the next couple days so that the conversation can continue. We humbly think this should have been given a chance to materialise because regardless of who is responsible for football in Trinidad and Tobago, progress would be impeded once this debt exists.”
More to the point, Wallace stressed that if Infantino wants to improve the governance structure at the TTFA, he would be pushing against an open door.
“If specialist persons have to be sent, why can’t they work with the elected executive?” asked Wallace. “Why is there a need for new elections if the elections held in November was free and fair? To the above questions I have no answers and because of the lack of clarity speculation is rife.
“My executive is willing to work with Fifa and Concacaf and hope that together we can have some dialogue on these issues and others and move forward for the good of the game in Trinidad and Tobago and the region.
“Many theories are been put forward as expected but once we can arrive at an amicable solution those would soon be relegated to the dustbin of history… We prefer that dialogue can commence and thus replace our legal action.”
Infantino never responded although, three days later, Samoura did on his behalf.
“While we understand that as the newly elected president, you disagree with the Fifa Council Bureau’s decision to appoint a normalisation committee in the Trinidad and Tobago Football Association,” stated Samoura, “let me highlight that Fifa is competent to replace executive bodies of member associations by a normalisation committee for a specific period under exceptional circumstances.
“Furthermore Fifa can, based on its own assessment and in collaboration with the relevant confederation, consider the situation as exceptional enough to justify an application of this provision.
“Fifa will therefore not enter into any kind of unofficial correspondence of negotiation with you on the specific reasons for its decision and reserves its arguments and evidences for any possible official legal action related to this matter.”
On 25 May, Gayle reached out to Fifa’s head of litigation on Wallace’s behalf and pointed to media reports that suggested the world governing body was set to help address the Zimbabwe FA’s US$10 million debt.
“The ongoing dispute between the TTFA and Fifa will only have a deleterious effect on the sport which serves no proper purpose,” stated Gayle. “That being said, the approach recently adopted by Fifa in respect of the Zimbabwean governing body of football does seem to suggest a more sensitive approach to Fifa’s duties towards national bodies.
“To be clear, the board of the [TTFA] have readily admitted that the claimant is in dire financial straits. This in large part, if not entirely, was due to the actions for the immediate past executive.
“[…] My client has instructed that I write to you to respectfully request you agree to an all parties conference to discuss on a without prejudice basis the matters between the parties, in a hope for amicable resolution…”
Fifa never responded.
Today, Wallace and his vice-presidents tried again through Fifa’s latest counsel.
The United TTFA, which includes the TTFA’s elected officers as well as North Zone president Anthony Harford and Trinidad and Tobago Super League (TTSL) president Keith Look Loy, said it prefers ‘direct bilateral talks between the parties’ and stressed that it views the courtroom as only a last resort.
“United TTFA states clearly that its three proposals for talks are intended to amicably resolve the issue at hand,” stated a release from the group today. “These [approaches] are made without prejudice to its High Court claim, which it will vigorously pursue if Fifa fails to respond, yet again, to today’s offer.”
Don’t write us! Fifa snubs mediation request, Wallace still hopeful but makes fighting case.
Wired868.com.
On Monday, attorney Matthew Gayle wrote to Fifa and requested mediation on behalf of his clients, Trinidad and Tobago Football Association (TTFA) president William Wallace and vice-presidents Clynt Taylor, Susan Joseph-Warrick and Sam Phillip, as an alternative to a High Court battle.
The TTFA’s request, which had a deadline of 2pm today, was despatched to Fifa before the Law Office of Dr Claude Denbow announced that it was representing the world governing body in the matter; and Gayle subsequently repeated the offer to the local firm.
Today, Emily Devlin, senior legal counsel for Fifa’s Legal and Compliance department, responded. And the message was, essentially, the time for talk has passed:
“I refer to your letter of 25 May 2020. Fifa has instructed Dr Claude H Denbow SC to act for it in relation to the above claim. All correspondence should be sent to Dr Denbow.”
Thus far, the Denbow firm has said even less. Up until this evening, four hours after the TTFA’s deadline, the legal team of Dr Claude Denbow SC, Donna Denbow and Jerome Rajcoomar had not even acknowledged the request—according to the local football body—let alone replied to it.
Rajcoomar told Wired868 that he had no comment on the matter.
Two months after Fifa’s attempt to remove the TTFA’s elected officers—just four months into their four year term—neither the world governing body’s president Gianni Infantino nor secretary general Fatma Samoura have shared the report from the ‘fact-finding mission’ that supposedly provoked their actions, or explained why they did not try to work with Wallace before pointing him to the door.
Wallace said Fifa officials have been nothing but consistent since the Fifa Bureau of the Council appointed a normalisation committee to run its affairs in Trinidad and Tobago on 17 March.
“Well, we await Denbow’s response now,” Wallace told Wired868. “It is unfortunate and probably consistent with how we were treated from day one. I, as president, am a member of Fifa and [think of it] like we are in a family; I would think if there was an issue there must be some sort of dialogue.
“Instead, they just sent in a normalisation committee. Something is not right there and it goes against everything that natural justice represents. We never got a chance to discuss anything, including our suggestions for dealing with the debt—nothing!”
Wallace, who is also the Secondary Schools Football League (SSFL) president, said he is aware that some local stakeholders are concerned about the potential ramifications of the TTFA’s fight with Fifa. And he suggested there are also persons who are trying to capitalise on this unease for their own political agendas.
“Everybody will have different perspectives but what is important is my vice presidents and myself are looking through the same lens,” he said, “and we are fighting something that we think is totally unjust—it is almost disrespectful. For me, this is a fight that is necessary and if at the end of the day we lose in the courts, then I will respect that and move on with my life.
“For all the people who say we are affecting the youths, for the last four years we were going backwards and teams were being disbanded or not being treated as they should and nobody said anything. [A Fifa suspension] is something that might happen; but the last four years actually happened and yet no one was talking out.
“We are prepared to live or die by our decision.”
Once more, Wallace suggested that the TTFA’s elected officials have the moral high ground and tried to frame the battle as such.
“We are fighting for justice and fair play and the future of our football,” said the besieged administrator. “The game is supposed to teach our young men and women lessons on and off the field of play, and definitely this is a lesson off the field of play that I think is extremely important for them to learn.”
Despite the consistency of Fifa’s cold message to local football officials, Wallace said he still has not given up hope for an amicable settlement.
“I am still optimistic that, even in their last correspondence, they said to contact their lawyer and perhaps that avenue might give us an opportunity to be heard,” he said. “Although I am disappointed with their response, I am still optimistic that we can get a positive response out of the Fifa.”