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The Guardian - UK
The Guardian - UK
Sport
Paul MacInnes

Premier League denies Burnham’s claim of ‘abuse of process’ in Everton case

Everton fans protest against the Premier League before their match against Manchester United on Sunday
Everton fans protest against the Premier League before their match against Manchester United on Sunday. Photograph: Tom Jenkins/The Guardian

The Premier League has written to the mayor of Greater Manchester, Andy Burnham, rejecting his claim that there was an “abuse of process” in the hearings that led to Everton being docked 10 points for breaching spending rules.

In a letter sent last weekend to the league, Burnham argued that the organisation “sought to introduce a new sanctions policy” during the considerations of an independent commission into Everton’s breaches of profit and sustainability rules, leading to an “arbitrary decision” that “seemed to result from the pressure applied by the Premier League”.

According to sources familiar with the content of the letter – written by the league’s chair, Alison Brittain – the league denies Burnham’s accusations, arguing that no sanctions policy had been devised and that there was no attempt to impose it on the commission. Instead, the letter argues, the league’s recommendation on a possible sanction (believed to be 12 points in total) was a one-off calculation based on the known elements of the case, and formed part of a standard process.

Brittain is understood to argue three further points in her letter: that the league does not have a sanctions policy specifically so that it does not interfere with the discretion of an independent commission; that a sanctions policy would decrease the relevance of specific mitigating and aggravating factors in determining the strength of a sanction; and that the league believes that the absence of a fixed tariff for sanctions creates uncertainty that can act as a deterrent. In 2020 the Premier League discussed with its clubs were invited to vote the possibility of introducing a sanctions policy, but the idea was rejected with Everton among those against.

Brittain’s letter to Burnham is one of several sent by the league to politicians on the Everton case this week after the 10-point deduction, the heaviest in the history of the competition, caused a strong reaction, especially among Everton supporters who have accused the league of corruption.

The league is further understood to have rejected claims that the strong sanction was an attempt to show it could firmly apply its rulebook, with an independent regulator for English football to be introduced imminently by the government.

on Friday Everton will lodge their appeal against the points deduction.

• This article was amended on 30 November 2023 because an earlier version said that in 2020 Premier League clubs were invited to vote on whether to introduce a sanctions policy. To clarify: the Premier League say the clubs were consulted but no vote was held.

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