General Hold The Phone

madbaz_old

Guest
From NRL.com

https://www.nrl.com/News/News/tabid/55/NewsId/692/Default.aspx

Following a National Rugby League Board meeting today, the NRL has informed the New Zealand Warriors that they will be issued with a breach notice detailing the loss of four competition points for the 2006 season and a fine of $430,000 for salary cap breaches.

Upon receipt of the breach notice the Warriors will have five business days in which to make formal submissions in regard to the proposed penalty.

The Warriors breach over the 2004 and 2005 seasons related to total payments of close to $1million.

Included in the breach are undisclosed payments, un-registered agreements with third parties and guaranteed payments to players after player retirement.

While there was a failure to disclose any of these issues, despite a number of inquiries, with previous managers of the club, the current administration has cooperated fully with the NRL. The NRL accepts that the current administration has not been a participant in any of the issues under investigation.

In ensuring that the team is under the cap in 2006 the Warriors will also have their effective salary cap spending capacity reduced for the 2007 season.

While this is the first time a team has been stripped of points in advance of a season, the NRL rules have allowed for this outcome since 1998.

“We can’t have a system whereby clubs can gamble on breaking the rules, knowing that they can solve the issue at the end of the year by simply writing a cheque for a fine,†NRL Chief Executive, Mr David Gallop said today.

“Those charged with the responsibility of running a club for the owners, sponsors and fans have to know that they not only risk one season by breaking the rules, but that they can affect a club for years to come.

“The severity of a penalty will depend on not only the amount in question but the extent to which it has been concealed from the Salary Cap Auditor and the institutionalized nature of the practices which have led to the breach.

“The Warriors matter is a serious breach, it is not the biggest we have recorded but it is above anything that has simply incurred a fine in previous years.

“It has certainly been mitigated to some extent by the transparent actions of the current management.

“They are to be acknowledged for the professional manner in which they have conducted themselves, but even that cannot completely negate what has taken place.

“I am confident that they will now focus on restoring the confidence of the fans and players who support the club so passionately.


“It is up to everyone to accept that the club has paid a price and that it should now be able to move forward.â€Â




The point that got my attention was the second paragraph. Is that a rights to appeal?

"Upon receipt of the breach notice the Warriors will have five business days in which to make formal submissions in regard to the proposed penalty."
 

PB_old

Guest
Yes, we can appeal. No, we shouldn't. Best to kick this in the nads. The start of the comp' is too close for the players to be still dealing with anything like this. They get a couple of weeks to get their heads around it, band together and move on, anything else is a distraction.

Doggies forum aint that happy BTW. Funny that.
 

madbaz_old

Guest
If we are under the cap for this season we should appeal. No two ways about it.
 

madbaz_old

Guest
Polar Bob said:
madbaz said:
If we are under the cap for this season we should appeal. No two ways about it.

You're not Schappelle Corby's lawyer are you Madbaz?

No if I was I would of played the muslim card like the model did.

Dont you agree with an appeal PB?
 

PB_old

Guest
Good answer Madbaz. But Corby is from a "white trash" background and the model isn't. Wouldn't have stuck.

Nah I wouldn't. I think that the 4 points will be stretched out if we appeal. The Doggies will generate a bit of media from this, as will Canberra in regard to pushing any Wiki investigation as they have asked for this to be looked at again. If that kind of pressure comes to bear on Gallop he'll be faced with keeping the status quo, making it a waste of time, or increasing it to show the NRL doesn't have double standards. It could look like they are backtracking but they can just say that some new evidence has come to light in the appeals process.

The Doggies got dealt to because they were the test case, and the frenzy surrounding it, as well as their complicity. The fact that we are over here has helped us since we are once removed from their focus and informational loop.

I think we were lucky. I'm not happy we got four, but it's a number I can live with. Hopefully the players can too. They have the work to do.
 

Esoj_old

Guest
yeah we can appeal and I think we should. Especially if we are under the cap this year should have a crack at appealing the points deduction. the fine cop on the chin but have a crack at the points for sure.
 

mattyj_old

Guest
No use apealing IMO, three seperate breaches and a million dollars is no short of outright cheating.....no excuses.

How humiliating that we still cant make the 8
 

madbaz_old

Guest
I still think we should appeal.

400K+ fine, loss of points and reduced cap for '07' is to excessive.

The reduced cap for '07' is supposed to negate any breaches for this season. The fine to cover past errors. So whats the points deduction for? Something to appeal IMO.
 

kiwi man_old

Guest
we should just cop the penalty and get on with the job at hand, we should spend more time instilling confidence in the players rather then apealing. im soo glad we won the recent trial match and had a good off season.
 

IanS_old

Guest
Take the punishment and count ourselves lucky we've still got a small chance of playing finals.
 

warriors4life_old

Guest
are they reducing our cap for '07? cause if they are then there is no need for us to lose 4 competition points. they should choose one or the other.
 

Kav_old

Guest
There is absolutely no justification for the deduction of points (which we haven't yet earned), provided we reduce our player payments to below the cap prior to game one.

Ask yourself the question - why 4 points? Why not 2,6,8 or 10? The Bulldogs lost 37 because they were found out at the end of the season and those 37 had been earned while over the cap. We have earned no points this season whilst over the cap so how could they take any points off us this season?
(by all means take all our points off us for LAST season).

I believe an appeal on this basis would succeed.

Kav
 

Mo_old

Guest
I thought that as they have issued us with a breach notice we have 5 days to respond to that notice - not quite the same as an appeal.

I do believe that it is not unreasonable for us to provide a further submission with respect to the 4 point penalty as I think reasonable arguments can be mounted as to why it is unfair. Other than making a further submission I think we should leave the matter and move on.

In saying that though I don't hold out much hope that the NRL will reduce the penalty as they are wanting to make a tough stand and any backdown know will weaken that position.
 

MarkW_old

Guest
The reason behind the 4 point deduction I think is purely to make an example of the club. Taking points off us for last season is virtually nil punishment for the Warriors. And imagine the uproar it would cause if we had made the 8 and were docked retrospectively.
The 4 point penalty is akin to the NRL putting the Warriors in the stocks so other clubs and the media can throw rotten fruit at them - as if to say 'this is what happens to ye should ye decide to be a cheater!'

As for an appeal.. perhaps they should simply make one to the NRL that suggests an overall re-evaluation of the salary cap system and adjusting the legislation to get rid of some of the pedantic and stupid rules that are currently in place.
 

aussie_warrior_old

Guest
I say get on with the game. In reality do we really think we would have got Wiki & Price without these extra incentives? Maybe one, but not the other.

We still have these two players, so we are in fact benefiting this year from previous years deals. Thats why we lost points for this season.
 

fiamacho_old

Guest
tripharn said:
I say get on with the game. In reality do we really think we would have got Wiki & Price without these extra incentives? Maybe one, but not the other.

We still have these two players, so we are in fact benefiting this year from previous years deals. Thats why we lost points for this season.

In actual fact the more I think about it, tripharn is totally correct, I couldn't agree more.
 

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