D-Day looms for Livingston

Sep 3 2009 by Alistair Watson, West Lothian Courier

LIVINGSTON’S fate will be decided on Monday when the club’s appeal against its relegation to the Third Division will be heard by the Scottish Football Association.

The club’s new owners will get the chance to plead their case to Scottish football’s governing body after the Lions were ordered to drop two divisions by the Scottish Football League for breaching insolvency rules.

Livi, who were placed into administration after former owner Angelo Massone ran up estimated debts of £1.8million, failed with an initial appeal to the SFL on August 13 to have their relegation overturned.

The member clubs voted 16-10 in favour of the management committee’s decision.

The SFA hearing will be chaired by retired judge Lord MacLean while a representative from the SPL is also expected to be on the appeals panel.

After refusing to play the opening match of the Third Division against East Stirling while their first appeal was pending, the consortium running the club, led by the former Cowdenbeath chairman Gordon McDougall, have opted to honour their matches to avoid further disruption.

However, if the Lions are successful with their appeal, all results involving them, Airdrie, who took Livingston’s place in the First Division and Cowdenbeath, who stepped up to the Second Division, will be annulled and the teams will be reinstated in their respective divisions.

And Livingston chief executive Ged Nixon said the club were confident of having their punishment overturned.

He said: “We are all prepared and have been working hard on the appeal.

“We have employed a QC to represent us and we expect a retired law lord will be sitting on the appeal.

“We have compiled our defence against relegation and we are expecting a fair hearing and hope to have the decision overturned.

“I would expect for natural justice to ensue and that, for us, would be getting restored to the First Division.

“We have called into question the severity of the punishment issued by the SFL as it sets a very dangerous precedent.

“In the event of another football club in the Second or Third Division suffering the same fate what will happen to them?

”They can’t be relegated two divisions so do they put them out of business by throwing them out the league? And if they give them a points penalty how does that compare to what has happened to Livingston?”

The Livingston chief executive also questioned the SFL’s decision to demote the Lions before their appeal was heard.

“When you appeal you are deemed to be successful until they hold a special general meeting,” Nixon said.

“But they didn’t do that and told us to play Third Division football before the outcome, which is a breach of their own rules.”

Nixon also claimed the timing of the appeal had hindered his side’s chances of doing some wheeling and dealing in the transfer market.

“As a result of the timing of the hearing in terms of the transfer window it has prevented us from doing our business properly,” the chief executive said.

“We have also inherited existing players’ contracts as part of the takeover which we are obliged to honour.

“There are lucrative First Division contracts and arguably better than some SPL clubs offer.

“As a result of the SFL decision we face the prospect of playing Third Division football with players on First Division contracts.”

But the Livi man says there are plans in place should Monday’s decision go against them.

Nixon said: “Let’s not kid ourselves – it would be very difficult, particularly the first season.

“But we have made a commitment and we won’t be walking away. It would obviously have an impact on the club financially.

“I would agree we can’t sustain full-time football in the Third Division but we have players on contracts and until they expire we can’t do anything.”