Good Evening.
Let me ask a question: Have you ever stopped and thought about how you go about producing a Radio Programme. It might be one with music and so on, or it might be a talk show– or indeed a mixture of both?
Well let me reveal– not so much a secret– as just a process that is logical.
Radio Programmes are produced from the end to the start. If the programme is 2 hours long, the studio clock– or should I say the really important studio clock — will start at 2:00:00 and proceed to 1:59:59 and work its way down. This is the way that a producer times the show. If a music piece lasts 5 Mins and 5 seconds then that time– less say a few seconds is then worked into the timing and deducted from the time allocated to the show. This process then goes on until the whole show is covered.No other clock matters– and nothing stops the clock other than the end of the show!!
Further, the announcer or DJ will have a script as often as not– or at least they used to— and each spoken piece will also have a time allocated to it– and this is then taken account of when working out the timings on the show.
So that is how it is done— Backwords! Tic Toc goes the backwards clock.
Backwards thinking is perfectly logical, and so with that in mind, I now invite you to review Sir David Murray’s statement of Today— Backwards. You might find it illuminating.
By that I don’t mean you should read the statement from the end back to the start. No, what I mean is that you should read the statement from the viewpoint from the end of the “process” that this sorry legal saga has taken— in other words from the point of view of the Liquidators. They are the guys who are left with the husk that is Rangers PLC– they are the guys who legally have to wind up the business of Rangers PLC, and as has been pointed out, these are the guys who have the right to investigate and, if necessary, pursue those responsible for the failure of the business.
Everything that you hear coming from Ally, Minty, Big Eck, Walter, Wee Billy and everyone else should be looked at from their perspective… and in that way you will see why it was said and what they are actually saying.Everything that is said by those named above are aimed at the Liquidators– not the fans, not the SPL, not Harper McLeod, not the press– just the Liquidators! No one else counts.
Remember always, that the liquidator can only take action against certain people– Directors, shadow Directors, and others responsible for the “management” of the company. They are not the Liquidators of the MIH trust and so have no power over the trust itself— that is a completely separate legal entity with, as Sir Minty has pointed out, independent Trustees and so on.
Also– you should be aware that in normal circumstances, a liquidator can undo transactions which were not in the best interests of the company– for example selling an asset at undervalue– or making a completely discretionary gift to someone for no apparent reason— but only if it happened within a period of 5 years prior to the date of their appointment.
That 5 year period can be extended— If the Liquidator thinks that there has been some kind of Fraud. Fraud ,of course, requires a higher legal standard of wrongdoing and is harder to prove— though obviously it is not impossible.Fraud also carries heavier penalties than just maladministration or mismanagement.
However, it should always be remebered that once you have rolled a heavy ball up the hill and it starts to roll down the other side, anyone wanting to shove it back up faces an even heavier task—- once the pieces that show Fraud fall into place on the face of it— the defence really has to go some to reverse the interpretation of the evidence, and avoid the conclusion that a Fraud occured.
So, with all of that in mind, have a look again at what Sir David Murray had to say today. Don’t think of the SPL dual contracts investigation– that is not what Murray’s statement is about– look at it from the point of view that he is trying to save his personal skin! The Liquidators have a duty to get money back in to Rangers PLC in the interests of that company’s creditors. If it succeeds in collecting a sufficient sum of money so that the creditors can be paid, then of course the Directors can sleep easy in their bed at night.
It is logical for the Liquidators to start by getting back the money that Rangers PLC just gave away— to the trustees of the MIH EBT.
The Liquidator, says to the Trustees, ” Give me back all that money– let’s start with the money given in the last 5 years for now!”.
” We don’t have it– we loaned it out” says the trustees!
Well– Today Sir David Murray has told the world that that money was loaned out with a specific set of repayment dates and with accruing interest. Oh yes, it might be some date in the future, but the money is due to come back at some point– all of it– at least every last penny that was the subject of a loan!!
Of course, the Liquidator can’t pursue the players directly– he is not the liquidator of the trust– but hey he/she can bring big big pressure on the trustees of that trust– especially if there is an allegation that they too were party to a fraud.
The sensible trustee, sitting on a series of loan notes, will be best advised to go collect the money just as fast as possible.If that means he has to accept 50p in the pound loaned out , then hey, …. a trustee has gotta do what a trustee has gotta do at times!!
The players? Oh they may well have indemnities– but correct me if I am wrong– weren’t those indemnities against there being tax due on the money? They were not indemnities against ever having to repay the loans– unless of course there are indemnities from someone who says that the loans are never to be repaid at all– and if they exist– then of course there were never any loans in the first place– were there? And documents which purport to set out one legal position but which really mask another– in most cases show Prima Facie evidence of………. frau! The land where no one wants to go!.
Will the players want to admit that they or their advisors were party to a crime? No Chance– they will run a mile– even pay back a proportion of a loan they thought they would never be called upon to repay.
At least…. that is one theory.
So– go on— look at what Murray said. He said, that each and every one of the “loans” was due to be repaid. Will the players agree to repay a proportion of those loans— even if it is only some of the money they received for a quick and dirty settlement—- or be faced with potential involvement in a criminal case?
You can bet some will and in that way some money starts to come back into the Rangers PLC coffers– and the more money comes back into the Rangers PLC coffers the less Sir David and his fellow Directors will have to find personally.
This statement today has little to do with the SPL enquiry– other than that the SPL enquiry might throw up some evidence that might not suit those who were previously in charge of Rangers PLC.
No– David Murray was not protecting his former employees today– he was selling them down the legal river– and telling everyone about it. The players— and others—- borrowed that money and it is due to be repaid no matter what any documents delivered to anyone says. Or else! That is today’s Murray Message.
What a parcel of Rogues? Undoubtedly!
However, if just one righteous man among the EBT beneficaries told the FTT the truth, then today’s statement may just be redundant.
Meanwhile—————-Tic Tic Toc goes the studio clock—- because nothing stops the clock other than the end of the show!