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+ www.altyfans.co.uk » General Category » Altrincham FC First Team
 Grays hit by suspension threat
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Author Topic: Grays hit by suspension threat  (Read 6951 times)

Alex

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Grays hit by suspension threat
« on: March 06, 2008, 12:19:34 PM »

A non-league club faces suspension by the Football Association from all competitions for refusing to pay an ex-player jailed on a robbery charge.
Grays Athletic FC terminated Ashley Sestanovich's contract before his conviction for conspiracy to rob.
Grays have been given 14 days by the FA to pay Sestanovich £14,000 for the five months up to his conviction.
He was jailed for eight years. Two other men were jailed for life for shooting a man dead during the raid.
An FA disciplinary hearing ordered Grays to pay Sestanovich five months' wages, in June, last year, after ruling they were in breach of FA regulations.
The club must also pay a £500 fine and the hearing's costs.
If they fail to do so, the south Essex club will be suspended from all football.
Grays have been involved in a counterclaim against Sestanovich who played one pre-season friendly for the club before his arrest.
The club claim that Sestanovich originally told them he was being held on remand for motoring offences, but once the nature of the charges became known they served him with 14 days' notice.
His conviction related to a robbery in Streatham, London, in 2005 in which Thomas Fahey was murdered.
'Shot in cold-blood'
Grays chairman Mike Woodward said: "I am bitterly disappointed in the FA's judgment, all they seem to want to do is take money from football clubs.
"We are being forced to pay approximately £14,000 to a player who only had three training sessions and 20 minutes in a pre-season friendly due to his involvement in a heinous crime which saw a young father shot in cold-blood.
"Unfortunately my principals will not allow me to pay this money from either my own pocket, or from the club's, and the directors are of the same opinion.
"I feel sorry for the supporters of this club but I hope that you will back me on this decision."
The FA said because Sestanovich was arrested after he signed for Grays, the club were obliged to honour his contract until he was actually convicted of an offence, under contract law.
Sestanovich also doubled for former Arsenal star Thierry Henry's TV advertisements for clothing company Nike.
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Railway Alty

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Re: Grays hit by suspension threat
« Reply #1 on: March 06, 2008, 12:21:40 PM »

Well done Mick woodward, i hope you stick to your guns. once again the FA flies in the face of public feelings, the guy should not be paid a penny and the p***ks at the FA should all resign
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baldrick

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Re: Grays hit by suspension threat
« Reply #2 on: March 06, 2008, 12:24:35 PM »

This really depends on the terms of the contract. But the Grays chairman has made a big mistake by offering to pay the money to the victims family. By doing that he has admitted that the money is owed.
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hsmith1

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Re: Grays hit by suspension threat
« Reply #3 on: March 06, 2008, 12:31:03 PM »

I admire the Grays chainmans principles,but sadly the FA rules make it impossible for them not to pay this crook,if Grays are to survive this.
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Harold

cakeburner

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Re: Grays hit by suspension threat
« Reply #4 on: March 06, 2008, 12:38:23 PM »

A shame they don't take the same stance with crocked owners, like the Majeeds ......
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Mick

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Re: Grays hit by suspension threat
« Reply #5 on: March 06, 2008, 12:42:27 PM »

I read about this in the non-league paper recently.
I admire Mick Woodward for making this an issue and hope it can be resolved because Mick is an Altrincham 'friend'. Unfortunately though, whereas he may be morally correct and public opinion is behind him, he is wrong in the eyes of law.

If I am arrested for a crime, my employer cannot necessarily sack me...what if I am innocent and I have been accused by someone with a grudge or it's a case of mistaken identity.
For serious crimes, most companies have procedures that would see me suspended until my guilt or innocence had been established. I could then be reinstated or fired (my pay may have been suspended or mechanisms in place to recover it if I am guilty)
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Anytime you have a 50-50 chance of getting something right, there's a 90% probability you'll get it wrong.

Jenga

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Re: Grays hit by suspension threat
« Reply #6 on: March 06, 2008, 01:00:50 PM »

Ok did Grays employ him having been told that he was on remand for motoring offences and was this disclosed before his employment?

If so there is a non disclosure of material facts by the player.

Depending on whether his contract stated he has no criminal convictions or prosecutions pending they could surely get out of paying due to breach of contract. If there is nothing in his contract then they could be stuffed.

If they are then suspended by the FA then they could claim against the FA following the courts desicion if it is breach of contract by the player.

Good luck Grays.
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Mick

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Re: Grays hit by suspension threat
« Reply #7 on: March 06, 2008, 01:08:19 PM »

I agree.........good luck Grays..........but it looks like the guy had done the crime, but had not been caught, when he signed his contract agreeing to play and be paid money.
I guess you could answer truthfully that you have no previous convictions or none pending, if you have never been caught and prosecuted (even if you have committed a lot of crimes).
 
One thing is for sure, the FA will not change there mind. They rarely do when dealing with so called small clubs
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Anytime you have a 50-50 chance of getting something right, there's a 90% probability you'll get it wrong.

SW

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Re: Grays hit by suspension threat
« Reply #8 on: March 06, 2008, 01:11:11 PM »

Hmmm, funny one this. Where I work and many places do this, anyone new joins for an initial probation period, 6 months in my case, and during that period employment can be terminated immediately without reason. Employment law doesn't usually kick in until 12 months.

So why are football and football contracts different?
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TheCultOfIanTunnacliffe

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Re: Grays hit by suspension threat
« Reply #9 on: March 06, 2008, 03:55:13 PM »

£14,000 for five months.....

That's almost as much as we are paying Pat McFadden!
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"It was just two world class players going for a 50/50 ball."

John King's description of a crunching tackle on Ossie Ardiles in the FA Cup Third Round tie at White Hart Lane: 10th January 1979.

Amsterdam Alty

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Re: Grays hit by suspension threat
« Reply #10 on: March 06, 2008, 03:56:24 PM »

£14,000 for five months.....

That's almost as much as we are paying Pat McFadden!

For 5 years!
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Jezza

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Re: Grays hit by suspension threat
« Reply #11 on: March 06, 2008, 04:07:46 PM »


As I understand it the Grays chairman is totally within the law as he employed the player and gave out the contract while the player was under suspicion...the player knew this and didn't disclose the information.

The player was subsequently jailed.

Surely the player lied on application and surely you can sack someone for going to jail while on duty?

Mr Woodward you have lots of support and I hope you carry your case through....

as for offering to pay the victims family I don't think this is an admission that monies are due...more of a gesture and proof it is not the money that is an issue.

More farce from the people who bought you 18 points for another club not doing their paperwork.
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Jezza

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Re: Grays hit by suspension threat
« Reply #12 on: March 06, 2008, 04:49:43 PM »


Surely it is a condition of a contract that a player is available to play except in the case of injury, compassionate leave or other leave at the discretion of the club?
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Ballers

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Re: Grays hit by suspension threat
« Reply #13 on: March 06, 2008, 06:58:08 PM »

Ok did Grays employ him having been told that he was on remand for motoring offences and was this disclosed before his employment?

If so there is a non disclosure of material facts by the player.

Depending on whether his contract stated he has no criminal convictions or prosecutions pending they could surely get out of paying due to breach of contract. If there is nothing in his contract then they could be stuffed.

If they are then suspended by the FA then they could claim against the FA following the courts desicion if it is breach of contract by the player.

Good luck Grays.


If I've read it correctly Ashley Sestanovich (AS) has told them that the charges he was on remand for were motoring offences rather than conspiracy to rob. This is a very clear reason for his contract being terminated as Grays can say, if they thought it was motoring and likely to be a small sentence/sanction they still signed him. Obviously if a player is in danger of missing 8 football seasons through it they wouldn't sign him in the first place and would instead turn their attentions to someone available 'more regularly'

One a seperate note I hope Sestanovich and his mates are put through hell in jail and never darken our streets again.
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Dougals Dad

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Re: Grays hit by suspension threat
« Reply #14 on: March 06, 2008, 07:36:17 PM »

Sestanivic is a criminal and it looks like he lied to Grays when they took him on.
Legally I would imagine that, as Sestanivic lied, they have no obligation to pay him.
Morally Mr Woodward is right to stand up for his priciples and then going that extra (typical of the man, I daresay) to suggest the money goes to the victims of the crime.

I WOULD LIKE TO THINK GEOFF & AFC HAVE OFFERED SUPPORT TO MR WOODWARD
« Last Edit: March 07, 2008, 07:03:22 PM by Jennifers Dad »
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 Grays hit by suspension threat