A SENIOR lawyer has urged a judge to give permission for sex abuse survivors to a launch a US-style “class action” lawsuit against Celtic FC.
Advocate Ian Mackay QC told Lord Arthurson on Monday that former Celtic Boys Club players should be allowed to sue the Hoops for a multi million pound sum in the Court of Session.
1
Mr Mackay represents men who were abused whilst playing for the youth side and they believe that they are entitled to compensation.
Their action follows the convictions of those involved with Celtic Boys Club.
Lawyers for Celtic FC oppose the action from continuing in the court. The club has previously said that the Boys Club was a separate legal entity to the team and that it shouldn’t be held responsible for their actions.
But on Monday, Mr Mackay told Lord Arthurson that lawyers for the men have uncovered evidence which shows apparent close links between Celtic Boys Club and Celtic FC.
He said the evidence showed that the two entities were “intimately connected” and that his clients should be allowed to sue Celtic.
Mr Mackay said: “Celtic Boys Club was intimately connected to Celtic Football Club – it was branded as being closely connected to Celtic Football Club.
Most read in The Scottish Sun
“Players played in Celtic strips and wore blazers which were virtually identical to those worn by Celtic FC players. “Football kit, holdalls and training gear were provided by Celtic Football Club.
“The pursuers’ understanding was that they were playing for the boys club of Celtic Football Club.
“Celtic Boys Club trained at Barrowfield, the training ground of Celtic Football Club and Celtic Park as well as elsewhere.
“Celtic Football Club exercised control over who played for Celtic Boys Club because scouts recruited players who they considered were good enough to play for Celtic Football Club and diverted them to Celtic Football Club.
“The Boys Club was a nursery for senior team players. Celtic Boys Club was in effect what could be now known as the academy of Celtic Football Club.
“Articles about Celtic Boys Club appeared regularly in the Celtic View, the club’s newspaper – and the club was referred to as being part of the Celtic family.
“Celtic is vicariously liable for assaults committed.”
Mr MacKay was speaking during a virtual hearing at the Court of Session on Monday.
An estimated 25 victims of historical abuse at Celtic Boys Club have come to mount the “super case” using new powers under Scottish law.
Lawyers for the men are hoping more former Boys Club players will come forward.
They have brought “group proceedings” against Celtic FC PLC – the procedure is similar to US class action style litigations.
On Monday, Mr Mackay also told the court that the Boys Club was formed in the 1960s.
‘ALLEGATIONS OF ABUSE WERE REPEATEDLY RAISED’
He said that evidence uncovered during investigations showed that Celtic FC first became “aware” of rumours about child abuse in 1970.
He told Lord Arthurson that investigations have shown that during a Celtic FC board meeting in 1985, director Kevin Kelly “laid down the law” about how adults at the Boys Club were to behave around players.
He said that allegations of child abuse were repeatedly raised at Celtic FC board meetings throughout the 1980s and 1990s.
Mr Mackay said that evidence also showed that the Celtic board became aware of an allegation that a boys club player was abused during a team trip to the USA in 1991.
‘OFFICIALS MET WITH RELEVANT PLAYER’S PARENTS’
Speaking about the US incident, Mr Mackay said: “Officials at Celtic Boys Club telephoned Jack McGinn the chairman of Celtic Football Club and Jimmy Farrell, a director of Celtic Football Club from the USA seeking advice on the situation.
“Officials of Celtic Football Club met with relevant the player’s parents to discuss the situation while the boys club remained in the USA.
“Further investigations in relation to this incident took place by officials at Celtic Football Club in 1993 and 1994.
“The relevant players provided an affadavit to solicitors for Celtic chairman Fergus McCann. They had relations with senior Celtic FC figures.”
Mr Mackay said that the evidence showed clear links between Celtic Football Club and Celtic Boys Club.
He said boys club players thought they had close links with senior Celtic FC officials.
He said: “They were seen by boys who played for Celtic Boys Club to have such relationships. They were viewed as being men as having influence on the progression of players to professional football clubs.
“They were quite inextricably linked to the boys club to the extent that they were the controlling hand so that’s the relationship- that’s the primary dispute.
“Because of the controlling hand of Celtic in the Boys Club, we say that Celtic are vicariously liable.”
Roddy Dunlop QC, for Celtic FC, told Lord Arthurson that the action shouldn’t be allowed to proceed.
He said his clients believed they wouldn’t get a “fair trial” because documents which would be key to their case that they boys club and Celtic FC were different entities were missing.
He added: “One adds into that the fair trial substantial prejudice point because the defenders position here that as part of a fair trial substantial prejudice defence is the difficulty now in establishing precisely the relationship and the length between Celtic Boys Club and Celtic Football Club going back into the 1960s – there are significant documents missing – there are things as basic as the constitution of Celtic Boys Club that cannot be found so it’s not again as simple as saying vicarious liability is established and then let’s look at a fair trial.
“Fair trial substantial prejudice is bound up with the very suggestion that Celtic PLC is vicariously liable for the actions of those who ran Celtic Boys Club.”
Urgent police hunt for missing schoolgirl Hayleigh Kent who vanished two days ago
Mr Mackay also asked for the appointment of a senior lawyer to be a “representative party” in the action – a legal term meaning that he would be the leader of the action for the former players.
Mr Mackay said the lawyer had decided to become involved for “altruistic reasons” but he asked Lord Arthurson for a formal legal order which would keep the man’s identity anonymous.
He said: “Your Lordship might be aware from the media that following the defenders failure to achieve certain goals in the championship the director of the defender’s house was set ablaze – I think it may have been twice. There was at least one arson attack on his house.
“It was thought – maybe wrongly – at the time that those who were responsible were supporters – or those who thought were supporters of the defenders.
“Your Lordship that football clubs such as the defenders inspire support and tribal loyalty and that loyalty may induce supporters to engage in extreme acts.
“It is for his protection that the order is sought.”
Lord Arthurson said he’d issue his decision on whether the action could proceed on Tuesday.
He added: “I simply wish to make it clear that the name of the putative representative party along with those in the group will not be reported between now and my decision and I will issue my decision tomorrow.”
We pay for your stories and videos! Do you have a story or video for The Scottish Sun? Email us at scoop@thesun.co.uk or call 0141 420 5300
Credit: Source link
