Saturday 11 August 2012

IBA TO ISSUE WRIT AGAINST BBC CLAIMING THEY HAVE BEEN DEFAMED BY BBCNEWSNIGHT


IN AN ARTICLE THAT APPEARED ON BOXING ACTION EARLIER THIS WEEK WE PUBLISHED A CLEAR MESSAGE IBA HAD NO ALTERNATIVE BUT TO SUE THE BBC OR ITS DENIAL TO THE ALLEGATIONS MADE BY THE PRESTIGIOUS BBCNEWSNIGHT WOULD BE WITHOUT CREDIBILITY.  IT FOLLOWED A REPRISE THE NIGHT BEFORE OF A SEGMENT OF THE BBCNEWSNIGHT PROGRAMME,  IN WHICH IT ONCE AGAIN ALLEGED AMATEUR INTERNATIONAL BOXING ASSOCIATION (IBA) AND ITS ASSOCIATE COMPANY, WORLD SERIES BOXING (WSB) HAD CONSPIRED TOGETHER TO SELL TWO BOXING OLYMPIC GOLD MEDALS TO OIL RICH AZERBAIJAN FOR US$10 MILLION. A STATEMENT HAS NOW BEEN MADE BY IBA  PRESIDENT C K WU, THEY ARE TO SUE THE BBC FOR DEFAMATION BASED UPON THE BBCNEWSNIGHT PROGRAMME ALLEGATIONS 

President Wu went on to say, "In September last year the BBC alleged AIBA took a US$10 million bribe from Azerbaijan in exchange for two Gold Medals at the 2012 Olympic Games in London.

"Both AIBA and the IOC investigated the claim and could find no evidence to support it.

"The BBC rebroadcast the allegation last night, on the eve of the semi-finals, having been told it is untrue.
"Therefore, I have today instructed the London libel firm PSB Law to begin legal action against the BBC."

"I have worked extremely hard over the past six years to clean up Olympic boxing after years of corruption scandals under the previous administration and I am extremely disappointed and frustrated by the BBC, he added."
Unfortunately over the period of six years President Wu has been in office controversy has not been unknown.
It is surprising IBA has switched from the, probable, top libel law firm, Carter Ruck who they first instructed when the BBCNewsnight allegation was first made, to PSB Law to deal with this major sports High Court action.
The official details of PSB Law LLP are it was established in 2010 to offer a bespoke service to its clients. Their aim is to offer first-class advice and representation, along with pragmatic solutions and commercial legal remedies. This would be achieved by respecting and working alongside any client’s existing team of advisers (communication professionals, PR advisers, accountants and even other lawyers) to get the best result
As a young practice they are to be congratulated in gaining such a high profile case.
The legal costs will be very high and as AIBA and WSB are companies registered in Switzerland it is likely the BBC lawyers will seek a substantial sum of money to paid into the High Court to cover two thirds of the costs that would be paid by AIBA should their case as plaintiffs fail.
Boxing Action has been advised IBA does not have the financial assets to pay the extremely high costs that will be involved. This is an unconfirmed statement but not surprising.
If funds are made available to IBA this is bound to arouse the interest of lawyers acting for BBC and they are certain to probe into where any finance might come from should IBA not have such a large amount available from its own resources.
As a Swiss Company IBA secrecy on such matters as financial are the norm and allowed.  However, if there is a claim that criminal law has been breached then this secrecy could be waived. A charge of criminal conspiracy should it be made and proven to have suffificient credence to be likely, this could qualify for the lifting of the secrecy embargo allowed for Swiss companies .
If IOC has investigated the claim there has been no public statement made on their findings, which would be very surprising. According to further information received by Boxing Action, IOC has not conducted an inquiry into the allegation made by BBCNewsnight and has relied upon IBA to conduct its own inquiry.
This is bizarre because it is difficult to image a plea of guilty arising froma charge as serious as criminal conspiracy in millions of US dollars. It would be an invitation to Interpol Fraud Squad to take action and possible prison sentences could result, 

From inside information Boxing Action has been told IOC has not conducted an inquiry but if they have then it has been kept secret even internally to IOC people. If this should be deemed to be untrue Boxing Action will gladly publish the inquiry report.
There is no doubt should a secret inquiry made by IOC exist, which according to our information may not be true,  it could be made to be revealed in the High Court and be subject to scrutiny and probing by the lawyers acting for BBC and this could include piercing cross-examination.
This week the BBCNewsnight reaffirmed its accusations when the bout between Magomed Abdulhamidov from Azerbaijan and Satoshi Shimizu, from Japan was refereed so blatantly bad and the judgement made by the five ringside judges so controversial, the Japanese team filed an appeal with the Competition Jury that wa set-up to deal with complaints related  boxing decisions.
So intense was the outcry over the appalling refereeing, Japan appealed the decision made by the ringside judges and it was overturned by the Competition Jury . None were sent home but the referee was sent home to Eastern Europe. 
This was a most unfortunate decision  because it meant the referee was given no opportunity to state his reason, or reasons, to the media for allowing the Azeri boxer to be floored on six occasion and not give one standing count  or take any other action. The  breaching of the rules was so clear it beggars belief it was allowed to hapened with no complaint made by any IBA official.
The question that demands an answer is what would have happened if Satoshi had come from a country, Rumainia spring to mind, who might be unable to afford the US$500 fee that has to accompany any appeal to the Competition Jury?
Azerbaijan has two Bronxe Olymopic medals won by Magomedrasul Medzhidov (Azerbaijan) who is the present IBA World champion and world-ranked number one by IBA in his division but was not considered by many to be capable of beating reigning Olympic champion Roberto Cammarelle of Italy.
Teymur Mammadov an IBA World championship Silver medalist and who is ranked number 3 in the World but  lost to Clemente Russo, who it is said is considering, or has signed, professional forms with WSB.
So, both Azeri boxers had to win just two more contest and two Olympic Gold Medals would have been won by Azerbaijan boxers.
C'est la vie?~

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