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Cole vow to fight verdict

Jun 2 2005

By Mark Bradley, The Evening Chronicle

 

Ashley Cole

Ashley Cole's legal team are ready to take his fight to clear his name of a guilty verdict for approaching Chelsea to the Court of Arbitration for Sport - and possibly beyond.

Cole has been fined £100,000 for his role in the `tapping-up' saga which shows no signs of abating, even after the verdicts of the Premier League's independent commission.

Chelsea and Jose Mourinho are "almost certain" to appeal against their penalties of a suspended three-point deduction and £300,000 fine, and a £200,000 fine respectively.

Cole will also contest his guilty verdict and fine, as well as the commission's rejection of his argument that he should have been allowed to speak to Chelsea.

And his case - that Premier League rules stopping him from talking to Chelsea while under contract constituted a restraint of trade - could end up in the European courts.

Cole's solicitor Graham Shear revealed: "We will be immediately lodging an appeal, not only as far as the factual side of this decision is concerned, but as far as the restraint issues are concerned.

"Under instructions from Ashley, we intend to pursue this to its fullest conclusion.

"The normal course of action is to exhaust the appropriate forums and, in these circumstances, they would be appeals to the Premier League and thereafter to the Court of Arbitration for Sport.

"We will consider the position as we traverse and navigate it. We view it extremely seriously."

Cole's argument has little chance of success in an appeal to the Premier League, given that he clearly broke their rules.

However, in taking their case to the Court of Arbitration for Sport and maybe beyond, his legal team could set a landmark precedent for all players akin to the impact of the Bosman ruling.

Arsene Wenger has already warned that such a ruling would cause "chaos" and ruin the chances of lower-league players in gaining long-term contracts.

While the legal battle looks set to continue, Chelsea will also contest their record fine and suspended points penalty, with relations with Arsenal having reached a new low point.

Cole's agent, Jonathan Barnett, is also now facing an official inquiry after being identified as the man who effectively organised the meeting with Chelsea.

The commission ruled that Barnett, who could risk losing his agent's licence, had "manipulated" Cole and recommended that his role, as well as that of `fixer' Pini Zahavi, should be investigated.

A Football Association spokesman revealed: "We are investigating Jonathan Barnett's conduct in this matter and we will pursue any breach of FA regulations."

Zahavi's conduct, meanwhile, may be looked at by FIFA, while Arsenal retain the option of taking legal action against Chelsea if Cole has to be sold for a knock-down fee.

PFA chief executive Gordon Taylor, meanwhile, believes Cole was "badly advised" in attending a meeting with Chelsea.

"Ashley has been placed in an invidious position where he is discussing a new contract with Arsenal," he said.

"To place Ashley in a meeting in a public hotel is really leaving him wide open. He was badly advised.

"He has been put in a position which has led to this charge."

 

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