BEFORE THE STORM: Former FIFA vice-president, Austin Jack Warner and former FIFA presidential candidate Mohamed Bin Hammam during the controversial meeting at the Hyatt Regency hotel, Port of Spain, in May 2011.

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'Nothing to vindicate Jack'

By Ian Prescott

Former FIFA vice-president and National Security Minister Jack Warner says he has nothing further to say in relation to the decision and findings of the Court of Arbitration for Sport (CAS), which linked him to the distribution of US$1 million in "gifts" to Caribbean Football Union officials last May.

Warner, who was yesterday provided with a copy of the court's media release relating to its decision against former FIFA presidential candidate Mohamed Bin Hammam, said through his adviser Francis Joseph, he did not see anything new from what he had seen on Thursday.

On Thursday, the CAS upheld an appeal from Bin Hammam against a FIFA life ban from all football-related activity over bribery allegations, on the basis that it did not have sufficient evidence linking Bin Hammam directly to the distribution of approximately US$1 million in cash during a meeting at the Hyatt Recency hotel in Trinidad last May.

The money was allegedly to be paid as bribes to Caribbean Football Union (CFU) officials in exchange for election votes in favour of Bin Hammam.

However, evidence put before the CAS during the Bin Hammam hearing, establishes that the money did come into Trinidad and Tobago by whatever means, and has also linked Warner to its distribution.

At a news conference at the Ministry of National Security in Temple Court on Abercromby Street, Port of Spain on Thursday, Warner said he felt "relieved" and vindicated after CAS annulled the ban on bin Hammam.

Asked to comment on Warner's reaction, Senior Counsel Dana Seetahal said the statement by CAS contained nothing to vindicate Warner.

"It says that the case against Bin Hammam was not proven and that there was no evidence to establish a link between him and the money," Seetahal said.

"When the officials were told the money came from him (Bin Hammam), he had already left. It was not said in his presence. I guess Mr Warner is relying on the statement that the investigation of FIFA was not complete or comprehensive. I suppose he could say, tangentially, that it would extrapolate to him in the sense that if he was also investigated, the ruling, that there was insufficient evidence, would also have been made in his case."

The CAS panel, consisting of José Maria Alonso, Spain (Chairman), Philippe Sands QC, United Kingdom, and Romano Subiotto QC, Belgium/United Kingdom established that:

"Mr Bin Hammam invited Mr Warner to convene a special meeting of CFU members, with the purpose of offering Mr Bin Hammam the opportunity to make a presentation in view of the forthcoming election to the FIFA presidency."

"Mr Warner arranged for each member present to be offered a personal gift of US$40,000 and said that gift was from the CFU. The following morning, at an urgent meeting, Mr Warner changed his story, telling those present that was the gift from Mr Bin Hammam."

Bin Hammam, along with Warner, was implicated in the alleged bribery scandal and suspended by FIFA, the governing body for international football. Warner and Bin Hammam were accused of conspiring to offer bribes to Caribbean football officials as an inducement to them to vote in the latter's favour during upcoming FIFA elections.

Both Warner and Bin Hammam were initially suspended by FIFA and placed under investigation. Warner quit international football, on the eve of his case being heard, and as a result had his matter dropped, while Bin Hammam, who withdrew from the presidential race, was later banned for life by FIFA, and appealed to the CAS.

However, in delivering its judgment, CAS said its decision did not amount to an "affirmative finding of innocence" for Bin Hammam, adding that FIFA's investigation had not been thorough enough, and the case could be re-opened with new evidence.

"The CAS panel has not been presented with evidence to directly link Mr Bin Hammam with the money's physical presence in Trinidad and Tobago, its transfer in a suitcase to Mr Warner, and its subsequent offer to the CFU members for the purpose of inducing them to vote for Mr Bin Hammam," CAS said in its judgment.

In coming to its judgment, the Laussane-based independent arbitration committee establishes on several occasions that Warner had a leading role in distributing cash to Caribbean football officials.

"Following the speech and Mr Bin Hammam's departure from the conference room, Mr Jack Warner, who was at the time a member of the FIFA Executive Committee, announced that there were "gifts" for representatives," CAS said.

"In the afternoon of 10 May 2011, the CFU General Secretary (Angenie Kanhai) collected from Mr Warner's office a locked suitcase, containing a number of unmarked envelopes, each containing US$40,000, which were distributed to CFU delegates on the same day."

"On 11 May 2011, after Mr Bin Hammam had already left Trinidad and Tobago, Mr Warner called an unexpected meeting during which he declared that Mr Bin Hammam had provided money to the CFU in place of traditional "gifts", it said.

The CAS panel stated, "This conclusion should not be taken to diminish the significance of its finding that it is more likely than not that Mr Bin Hammam was the source of the monies that were brought into Trinidad and Tobago and distributed eventually at the meeting by Mr Warner, and that in this way, his conduct, in collaboration with and most likely induced by Mr Warner, may not have complied with the highest ethical standards that should govern the world of football and other sports."

—with reporting by Keino Swamber

The Decision The full text of the media statement issued by the Court of Arbitration for Sport relating to its decision in a case against former FIFA presidential candidate Mohamed Bin Hammam. On Thursday, the international tribunal, based in Lausanne, Switzerland, found that there was insufficient evidence to uphold a lifetime ban against Bin Hammam.   "The Court of Arbitration for Sport (CAS) has rendered its decision in the procedure involving Mr Mohamed Bin Hammam (Qatar) and FIFA. The CAS has upheld Mr Bin Hammam's appeal, annulled the decision rendered by the FIFA Appeal Committee and lifted the life ban imposed on Mr Bin Hammam. During his campaign for the FIFA presidential election, Mr Bin Hammam attended a meeting of the Caribbean Football Union (CFU) in Trinidad and Tobago on 10 and 11 May 2011. On 10 May, 2011, he made a speech about his candidacy. Following the speech and Mr Bin Hammam's departure from the conference room, Mr Jack Warner, who was at the time a member of the FIFA Executive Committee, announced that there were "gifts" for representatives of the attending associations. In the afternoon of 10 May 2011, the CFU General Secretary collected from Mr Warner's office a locked suitcase, containing a number of unmarked envelopes, each containing US$40,000, which were distributed to the CFU delegates on the same day. On 11 May 2011, after Mr Bin Hammam had already left Trinidad and Tobago, Mr Warner called an unexpected meeting during which he declared that Mr Bin Hammam had provided money to the CFU in lieu of traditional "gifts". On 15 May 2011, Mr Chuck Blazer, also a member of the FIFA Executive Committee, hired an attorney to investigate these events, who later issued a report concluding that Mr Bin Hammam had offered bribes in order to buy votes. On 29 May 2011, the FIFA Ethics Committee announced its decision to provisionally suspend Mr Bin Hammam from all football-related activities. Beforehand, Mr Bin Hammam had withdrawn his candidacy for the FIFA Presidency. On 18 August 2011, the FIFA Ethics Committee informed Mr Bin Hammam that he was banned for life further to several violations of the FIFA Code of Ethics. By decision of 15 September 2011, the FIFA Appeal Committee confirmed the sanction. On 9 November 2011, Mr Bin Hammam appealed the decision to the CAS. Following the closure of the written pleadings, a hearing took place in Lausanne from 18 to 19 April 2012, in the presence of the parties, their representatives and witnesses. Mr Sepp Blatter testified at the hearing by video-conference, while Mr Warner and Mr Blazer declined to appear. Mr Bin Hammam chose not to attend the hearing. The CAS Panel, composed of Mr José Maria Alonso, Spain (president), Mr Philippe Sands QC, United Kingdom, and Mr Romano Subiotto QC, Belgium/United Kingdom, after thorough deliberations and on the basis of the evidence before it, was unable to conclude to its comfortable satisfaction that the charges against Mr Bin Hammam were established. The CAS Panel has established that: • Mr Bin Hammam invited Mr Warner to convene a special meeting of CFU members, with the purpose of offering Mr Bin Hammam an opportunity to make a presentation to the CFU delegates in view of the forthcoming election to the FIFA Presidency. • Mr Warner arranged for each of the members present to be offered a personal gift of US$40,000 and said that the gift was from the CFU. The following morning, at an urgent meeting, Mr Warner changed his story, telling those present that the gift was from Mr Bin Hammam. However, the CAS Panel has not been presented with any direct evidence to link Mr Bin Hammam with the money's physical presence in Trinidad and Tobago, its transfer in a suitcase or otherwise to Mr Warner, and its subsequent offer to the CFU members for the purpose of inducing them to vote for Mr Bin Hammam. In particular, the Panel emphasised that "no efforts were made to trace the source of (the) banknotes that were photographed, and recognises that it is possible to infer that the failure of Mr Bin Hammam to carry out that relatively simple exercise in the course of these proceedings might be explained by the fact that it would have confirmed that he was the source". The CAS Panel stated that "this conclusion should not be taken to diminish the significance of its finding that it is more likely than not that Mr Bin Hammam was the source of the monies that were brought into Trinidad and Tobago and eventually distributed at the meeting by Mr Warner, and that in this way, his conduct, in collaboration with and most likely induced by Mr Warner, may not have complied with the highest ethical standards that should govern the world of football and other sports. This is all the more so at the elevated levels of football governance at which individuals such as Mr Bin Hammam and Mr Warner have operated in the past. The Panel therefore wishes to make clear that in applying the law, as it is required to do under the CAS Code, it is not making any sort of affirmative finding of innocence in relation to Mr Bin Hammam. The Panel is doing no more than concluding that the evidence is insufficient in that it does not permit the majority of the Panel to reach the standard of comfortable satisfaction in relation to the matters on which the Appellant was charged. It is a situation of "case not proven", coupled with concern on the part of the Panel that the FIFA investigation was not complete or comprehensive enough to fill the gaps in the record." In its conclusion, the Panel noted that FIFA was in the process of reforming its Ethics Committee and that, in the event new evidence relating to the present case was discovered, it would be possible to re-open the case, in order to complete the factual background and to establish if Mr Bin Hamman has committed any violation of the FIFA Code of Ethics. The CAS Panel reached its decision by a majority of 2-1."

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