Manchester City chairman Khaldoon Al Mubarak could be protected by ‘diplomatic immunity’, meaning he can avoid questioning over the club’s charges.
Speaking exclusively to the Daily Briefing, leading sports lawyer Yasin Patel explained that although this diplomatic immunity doesn’t necessarily allow individuals to get around the law, there could be technicalities that complicate this case.
Man City are likely going to face a major punishment after being found guilty of the vast majority of the 115 charges made against them, with Patel explaining that this could mean a hefty points deduction as soon as this season, and most likely one that would all but guarantee the club relegation from the Premier League.
Still, Al Mubarak’s case is an interesting one, with the senior Abu Dhabi government official possibly able to escape being forced to go through any questioning on this matter.
Leading sports lawyer on Manchester City ownership
Discussing Al Mubarak and the City ownership’s future, Patel explained: “Diplomatic Immunity is a position whereby the individual in question is protected from any legal proceedings or action: in this case, Khaldoon Al Mubarak would not be required to answered any questions in relation to this case and any of the allegations.#
“This is particularly significant in this case as there are allegations of fraud, dishonesty, falsifying accounts, avoiding taxation and much more: possibly, criminal conduct activity and allegations.”
He added: “However, immunity does not place diplomats outside the law. It determines whether the receiving State may use particular judicial proceedings or coercive measures against a protected person; it does not make unlawful conduct lawful, establish innocence, or extinguish legal responsibility.”
The question of whether or not City’s owners may be forced out is a different one, according to Patel.
“In relation to fit ownership, the question will be whether the current owners continue to pass the ‘fit and proper person test’, and that terminology in itself has wide meaning,” he said.
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“The test is designed to protect the image and integrity of the league and the clubs that play in it. The question will be whether the owners of Man City pass this test. There is no criminal conviction here, no tax avoidance, no losses to any person: just money being put into a club that belongs to the Abu Dhabi government or the owners (depending upon whose side you currently accept).
“The gravamen of the alleged offence is that the rules of how money should be put in have been broken. Is that any worse then other allegations against other owners? West Ham United’s owner, David Sullivan has been the subject of allegations from several women that many would say are not just morally unacceptable and that he should not be an owner of a club in light of these actions: but he still is.”