Neil Doncaster could be hauled into the dock and grilled over the Dundee vote fiasco, according to a top lawyer.
David Thomson QC, who was arguing Hearts and Partick Thistle’s case at the continued Court of Session hearing, couldn’t rule out the need to call witnesses should those two clubs win the day.
Legal representatives for the SPFL and Dundee United, Raith Rovers and Cove Rangers jointly put forward the argument for the case to be referred to the SFA for arbitration on Wednesday.
But Mr Thomson told Lord Clark it should be a matter for the courts to decide, and that league chief Doncaster may have to be called as a witness to be cross examined.
Thomson said: “Cross examination might be necessary.
“The concern of the petitioners is not to have some kind of public inquiry. The focus of their case is very largely upon the documents, and what the documents establish as to the unfairly prejudicial conduct upon which they found.
“The Dundee vote and all the communications between Mr Doncaster and Mr Nelms [Dundee chief executive], that’s the kind of thing that might be the subject of evidence.”
The original resolution to end the Scottish football season early on 10 April was mired in controversy after Dundee’s vote apparently wasn’t received by the SPFL despite being sent.
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It then emerged that Dundee had been allowed time to change their vote after the incomplete results had been published.
That meant their vote was then decisive, and Dens Park chief executive John Nelms took the weekend before submitting a yes vote, allowing the SPFL to call a halt to the season early.
While Mr Thomson acknowledged that any investigation would be mainly based on evidence contained within documents, he said Doncaster, along with Nelms, may be required to be called as a witness in relation to Dundee’s vote and the communications surrounding it.
Mr Thomson also cited the letter sent by the SPFL to all 42 clubs on 26 June, that informed them that they would be required to join Dundee United, Raith Rovers and Cove Rangers in opposing Hearts and Partick’s submission if they wanted to see the SPFL’s response.
It was therefore not appropriate, he contested, for the league to interpret a request to view their submission as support for it, nor was the request for them to join the promoted clubs’ cause.
He also argued that it was in the public interest for the action to be heard in court, saying: “It is a debacle. It is of significant public interest and concern.
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“Given the legitimate public interest present in the case, the matter ought to be determined in a public forum like a court because it serves the public interest to do so.”
They insist that arbitration would involve some delay in reaching a resolution, which makes it “incapable” of dealing with the issue as a “matter of practical reality”.
Gerry Mounihan QC, representing the SPFL, yesterday stated that Hearts and Partick risked being booted “oot the gemme” with their current course of action, and today Lord Clarke revealed that potential outcome is one he’d have to take into consideration.
The hearing continues Friday at 10am.