The recent well-publicised spate of legal cases that the current owners of the club have instigated against fans has set yet another unhappy precedent for Blackpool FC. The fact that such proceedings are happening at all only confirms the dreadful state of relations between the owners and many of its most loyal and passionate supporters; and the action of the owners in suing for defamation/libel has opened an even greater rift between them and many supporters. In fact, it is likely to have further sullied the family name rather than exonerating the Oystons. It is worth noting that many of the accusations levelled against the owners have been echoed throughout the press and yet the Oystons apparently have not pursued those newspapers with the means to investigate and publicise the concerns of supporters.
The outcome of the cases that have so far been made public tells us more about the frailties of the law than it does about the merits of the cases. In defamation law, the burden of proof lies with the individual making the statement, and that seems fair: if you make a statement it should then be your responsibility to prove it. However, there is no legal aid applicable in these cases and the costs mount very quickly. Any fan choosing to defend a defamation claim will quickly find himself incurring costs of as much as £10,000 even before reaching the High Court, where costs can escalate into the £100,000's. Add to that any damages awarded and it is clear that only those with very deep pockets can afford to bring or to defend such cases. It is reasonable to assume that financial and/or professional ruin would dissuade most people from attempting to prove the truth of some comment that they made on an internet message board.
Of course, even if you did have deep pockets, being able to prove anything about the finances at Blackpool FC would require complete access to the accounts of the various businesses that now comprise our Club, plus the assistance of a team of forensic accountants. Deloitte & Touche, when approached by the Trust, suggested that the cost of such an examination might exceed £20,000.
There is no doubt that some fans have written things that cannot be supported and that any reasonable person might object to. However, the vast majority of those involved have simply questioned the truth of various statements that the owners have made. The Oystons need not verify any of the claims that they have made regarding the football club to anyone other than the shareholders of their businesses. Indeed, the Oystons recently changed the constitutions of various Blackpool FC companies to ensure that the little power other shareholders had to hold the owners to account is now removed almost completely.
The publication of public apologies from at least two of those involved, including the Trust's former Chairman, Tim Fielding, has led to further questions and even greater unhappiness amongst supporters. We are aware that Owen Oyston was convicted of rape in 1996. He has, as is his right, protested his innocence of that charge from the point when he was arrested. Imagine then, if his release from prison had been dependent on him writing an abject apology to his victim, acknowledging his guilt and agreeing never to contradict that statement. We can only guess at what choice Mr Oyston might have made but would contend that no one should ever have to make that decision, for it makes a mockery of justice and personal freedom.
It is with all these things in mind that Blackpool Supporters’ Trust requests that the Oystons should reconsider their strategy. They can choose to take a different approach in their relationship with many of the supporters and cease to prosecute anyone who has perhaps been overenthusiastic or mistaken in the language they have used. Perhaps less comprehensive but much more sincere apologies would be preferable.
It is clear that the truth is important to the Oystons and if they have been wrongly accused, then simply opening up the books to an independent group of forensic accountants would be a constructive means of establishing the true facts. The results of such an investigation could be made public to allay any concerns supporters might have about what monies have been invested in the club and how they have been managed.
In the meantime, there are supporters without deep pockets who have incurred considerable costs as a result of the cases brought against them by the owners, costs that leave them financially compromised. If you are able to help even in a small way to contribute any assistance, there is a support fund, justice4fans. This is managed by an Independent Panel of three non-committee members of BST. They will determine the future allocation of any collected funds to those who have been subject to libel action by the Oystons and who make application for assistance. Fans will have concerns as to the merit of individual cases and as such, we can confirm that a set of rules for the distribution of funds has also been agreed, which will ensure that the most deserving individuals benefit most from the fund.
If anyone does have any specific queries or concerns that they wish to clarify with BST prior to making a contribution, please email to: secretary@blackpoolsupporterstrust.org.
Contributions to justice4fans can be made as follows:
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