Sunday, June 26, 2011

Statement of Mr Mohamed Bin Hammam - Requests for Relief

Probe ... Jack Warner and Mohamed bin Hammam

ONE DOWN...ONE TO GO!

Statement of Mr Mohamed Bin Hammam.


Ethics Proceedings regarding the accusation of alleged infringements tothe FIFA regulations
REQUESTS FOR RELIEF.

1. The FIFA Ethics Committee shall declare the accusations of alleged
infringements of the FIFA regulations by Mr Bin Hammam as unfounded.
2. The FIFA Ethics Committee shall issue a public media release on the
finding that Mr Bin Hammam has not violated any FIFA regulations. Any
finding of the Ethics Committee shall be notified to Mr Bin Hammam at
least one hour in advance of any written or oral communication to the
public.
3. Mr Bin Hammam shall be granted an award for costs.
4. Mr Bin Hammam reserves the right to submit witness statements and to
present witnesses at the Hearing of the Ethic Committee who confirm
that no cash payments were offered at the extraordinary meeting of the
CFU on 10 – 11 May 2011.

1.
John P. Collins and submitted by Mr Chuck Blazer to the FIFA Secretary General
dated 22 May 2011.
Mr Mohamed Bin Hammam strictly denies the allegations as formulated by Mr
2.
Football Union (“CFU”) at an extraordinary meeting in Port of Spain, Trinidad &
Tobago, which took place on 10 – 11 May, 2011. It is also true that Mr Bin
Hammam paid for the travelling and accommodation expenses of the delegates
and the administrative costs of the meeting. In contrast, Mr Bin Hamman
underlines that the allegations that he directly or indirectly financed any cash
payments to the delegates or officials of CFU members are completely false.
It is true that Mr Bin Hammam addressed the representatives of the Caribbean
3.
Hammam as a candidate for the upcoming elections to the FIFA presidency. Mr
Bin Hammam expects the FIFA Ethics Committee to see through that paltry and
phony manoeuvre and to restore Mr Bin Hammam’s honour and reputation as a
person of integrity to pave the ground for a fair presidential election procedure.
It is obvious that the allegations have been submitted to discredit Mr Bin
4.
asked the CFU for an opportunity to present his candidacy to the representatives
of the member associations of the CFU. Such meeting was arranged and took
place on 10 -11 May 2011 in Port of Spain, Trinidad & Tobago, i.e. the hometown
of the CFU.
It is a well known fact and has never been hidden by Mr Bin Hammam that he
5.
was held on 1 to 3 May 2011 in Miami, USA. That is why he applied for a visa at
the beginning of April 2011. On 30 April and 1 May 2011, Mr Bin Hammam
attended the CONMEBOL Congress in Asuncion, Paraguay. At this time, the visa
for entering the USA had still not arrived. Only on 1 May 2011 in the afternoon, he
received a phone call from the U.S. embassy in Paraguay offering help in the visa
matter. However, at that time, Mr Bin Hammam had already changed his plans
and decided not to change them again but to see the delegates of the CFU at an
extraordinary meeting. No inferences which are disadvantageous for Mr Bin
Hammam may be drawn from this choice.
Mr Bin Hammam initially intended to attend also the CONCACAF-Congress which
6.
correct and insisted to pay the travelling and accommodation expenses of the
delegates as well as the overall costs of the conference.
Since this was an extraordinary meeting of the CFU, Mr Bin Hammam found it
7.
360,000 to the CFU prior to the meeting in Trinidad.
For this purpose, Mr Bin Hammam transferred the estimated costs of USD
8.
schedule of this extraordinary meeting. Mr Bin Hammam was given a timeslot of
two hours between 10 AM and noon for his presentation. He also attended the
luncheon but left Port of Spain in the evening of the same day.
Exhibit 3 of the submission of Mr Blazer contains the invitation and the event
9.
meeting continued after Mr Bin Hammam’s presentation. However, Mr Bin
Hammam left the meeting on 10 May 2011 and has no knowledge of its further
course.
As the schedule of the extraordinary meeting demonstrates, the extraordinary
10.
were allegedly offered or made on 10 May 2011 or any time thereafter.
In particular, Mr Bin Hammam has no knowledge about any cash payments which
11.
the CFU to representatives of the CFU Member Associations were made with his
consent or knowledge.
Mr Bin Hammam strictly denies the allegation that any cash payments made by
12.
entered the election campaign he expected a fair and correct democratic contest
between eligible candidates and competitors. His goal was and still is to convince
the delegates of his ideas how the FIFA should be governed and what role the
associations should play in the future. He was and still is convinced that the trust
of the delegates must be won by arguments. That is why he travelled to all the
local meetings of the associations and delivered his message to the delegates
personally. This is not different from the campaign of the incumbent.
Mr Bin Hammam runs for the presidency of FIFA for the upcoming term. When he
13.
indirectly and he never participated in such practices, either directly or indirectly.
He always and strictly rejected the idea of “buying votes” either directly or
14.
transparency. He has consistently announced that all efforts must be undertaken
to restore the reputation of FIFA, to fight corruption and bribery. It is a negative
surprise that this argument is now used against him with the obvious goal
preventing him from fulfilling his mission.
The campaign of Mr Bin Hammam is based on the principles of integrity and
15.
outrageous statement in Mr Blazer’s submission that soon after Mr Bin Hammam
had announced his candidacy for president of FIFA he “began a campaign to buy
the votes needed to win the election”
Having this in mind, Mr Bin Hammam is shocked about, and strictly rejects the1.
1
FIFA Executive Committee announced his candidacy for president of FIFA. Soon thereafter, Mr. Bin Hammam
began a campaign to buy the votes needed to win the election.”
report, first paragraph of “III. Factual Background”)

16.
Mr Jack Warner according to which the alleged cash payments were notified to
the FIFA and Mr Blatter in particular and that they “had no issue with it.” That is
why Mr Bin Hammam suggested including the incumbent in this ethic proceeding
to investigate the accuracy of the statements of Mr Lunn, Mr Sabir and Mr Blazer.
He is convinced that the FIFA Ethics Committee will come to the conclusion that
such statements as well as the allegations against Mr Bin Hammam himself are
unfounded.
In Mr Blazer’s submission, Mr Lunn, Mr Sabir and Mr Blazer refer to statements of
17.
Tobago of 10 May 2011. According to his own statement, Mr Blazer was notified
about the alleged offers on the same day. However only a few days before the
presidential election, he submitted his written report. That timing reveals the real
purpose of the allegations, namely to influence the upcoming presidential election
by discrediting Mr Bin Hammam and Mr Warner, the first being a candidate and
the second being an influential person who has not yet taken a position as to
which candidate he would support. This is a blunt abuse of the institution of the
FIFA Ethics Committee.
The allegations refer to the extraordinary meeting in Port of Spain, Trinidad &
18.
him with his allegations but preferred to submit his allegations directly to the
FIFA, which demonstrates that the very goal of his move was to influence the
presidential election.
Mr Bin Hammam notes that Mr Blazer never contacted him and never confronted
19.
The New York District Court judge found clear words about the credibility of Mr
Blazer in her judgment of 7 December 2006 in the matter between Mastercard
and Visa:
When reviewing the report, one must also look at the reporter and his credibility.
(para 213): Mr. Blazer’s testimony was generally without credibility based on his attitude and
demeanor and on his evasive answers on cross-examination.
(para 214): Thus, for that reason and based on his evasive answers and his attitude and
demeanor, Mr. Blazer’s testimony as to the March 14, 2006 Marketing & TV AG Board meeting
is rejected as fabricated.
2
20.
Mr Blazer’s statements and on the noble motives of his application to initiate
ethics proceedings against Mr Bin Hammam.
The FIFA Ethics Committee is well advised to take a critical view on the content of
21.
Malaysia. Mr Bin Hammam was already on his way to the FIFA Meetings and
congress in Zurich. He learned of the allegations against him only by the media!
Mr Bin Hammam was served of the allegations by fax sent to his office in
22.
power of attorney which was already at FIFA did not cover the proceedings before
the Ethics Committee!
Hamman’s defense rights since (a) the matter is well covered by the power of
attorney already submitted to the FIFA since it is based on the events at a meeting
which was allegedly held in connection of the presidential election, and (b) also
courts accept the word of a qualified lawyer in urgency situations and transmit the
file and accept a later power of attorney.
When the undersigned asked for a copy of the documents, he was told that the3 This was obviously an attempt to restrict Mr Bin
2
“http://fl1.findlaw.com/news.findlaw.com/hdocs/docs/sports/mastercardfifa120706opn.pdf”.
The quoted paragraphs are attached as Exhibit 2. For the full text of the judgment see the internet page
3
3.


23.
Hammam therefore explicitly reserves the objection of the violation of due
process, especially considering the fact that it took Mr Blazer 14 days to formulate
his allegations whereas Mr Bin Hammam must respond within less than 48 hours.
This manoeuvre has restricted the short response window even more. Mr Bin
24.
(including witness statements) and present witnesses at the Hearing (particularly
the delegates who attended the extraordinary meeting on 10 and 11 May 2011 in
Trinidad) since a time limit of less than 48 hours seriously compromises the
preparation of his defence against surprising allegations.


Courtesy of: insideworldfootball

EXCLUSIVE : Bin Hammam will be banned for life when FIFA announce decision on July 18



                                  
By Andrew Warshaw in Moscow

mohamed_bin_hammam_25-06-11June 25 - FIFA's Ethics Committee looks set to announce their eagerly awaited verdict on world football's most sordid bribery scandal on July 18, according to sources close to the case.

The same sources have indicated to insideworldfootball that Asian football supremo Mohamed Bin Hammam, accused of paying cash bungs to 25 Caribbean FIFA members in exchange for votes, will almost certainly be banned for life and be forced to go to appeal to clear his name.

Bin Hammam, who was initially suspended along with FIFA vice-president Jack Warner pending a full inquiry, vehemently denies any wrongdoing despite the Ethics Committee revealing in a leaked 17-page prima facie report that there was "comprehensive, convincing and overwhelming" evidence he tried to buy votes during his Presidential campaign.

The 62-year-old Asian Football Confederation chief, who pulled out of the presidential race against Sepp Blatter just before being temporarily barred for allegedly condoning payments of $40,000 (£24,000) in bundles of cash, is determined to see the case through - even if that means appealing his sentence.

Bin Hammam believes the Ethics Committee's findings are preliminary with no basis in law and that their whole make-up is flawed because of the media leaks and public statements made by individual members before the case has even reached its course.

Last week Warner resigned from all footballing activities as the net closed in around him but Bin Hammam has since told colleagues he will not follow suit before the July 18 hearing, a date that has not been confirmed by FIFA but which tallies with the time scale FIFA allowed for the investigation to take place.

It understood that Bin Hammam is able to prove he was not responsible for bringing $1.6 million (£1 million) into Trinidad on May 10 or 11 when the bribes were allegedly paid.

As Qatar's most powerful administrator, he is also anxious not to throw in the towel for fear of further undermining the controversial decision to award the 2022 World Cup to the tiny Gulf state.

Despite all this, one high-ranking FIFA administrator has let it be known privately that Bin Hammam will almost certainly be found guilty at the mid-July meeting and be forced to go to appeal, so powerful is the evidence against him.

Meanwhile, fresh information has emerged over the circumstances surrounding Warner's surprise resignation, interpreted by many as a move to save his political career by not being formally thrown out of FIFA.

insideworldfootball has been told by various colleagues of Warner's that he walked away before receiving the Ethics Committee's so-called "reasoned decision" that implicated him in the bribery case, not because of the case per se, but because he was worried about the growing pressure being faced by members of his family.

Jack_Warner_at_press_conferenceIt is also understood that a copy of the Ethics Committee report, having initially failed to reach Warner, was sent to his lawyer and then faxed to CONCACAF headquarters in New York to make sure it got to him personally - even though he is not part of the secretariat based there.

Warner believes, rightly or wrongly, that opponents within CONCACAF were responsible for leaking the documents and conspiring against him and is equally sure he would not have being banned for life merely as an "accessory to corruption", as the Ethics Committee's interim report states.

The inquiry, Warner has stressed to aides, was still ongoing at the time he resigned.

As more and more details emerge surrounding the roles played - or not played - by the various parties, insideworldfootball has learned too that Warner, Minister of Works and Transport in the Trinidad and Tobago Government, was in a Cabinet meeting the very day Bin Hammam entered the country for the now-infamous May 10-11 meeting when the bribes were allegedly paid.

While this may have been a deliberate ploy and in no way disproves there was collusion between the pair, it only adds to the difficulty separating fact from fiction in a case that has had more twists and turns than an Agatha Christie novel.
My Turn Now...
"It understood that Bin Hammam is able to prove he was not responsible for bringing $1.6 million (£1 million) into Trinidad on May 10 or 11 when the bribes were allegedly paid.
I refer to Bin Hammam's Relief Statement:
(4)  Mr Bin Hammam reserves the right to submit witness statements and to present witnesses at the Hearing of the Ethic[s] Committee who confirm that no cash payments were (OFFERED AT) the extraordinary meeting of the CFU (Caribbean Football Union) on 10 - 11 May 2011.
My opinion...
The key words are what I have typed in bracketed capitals, (OFFERED AT). My interpretation is that he will deny that the cash payments were "offered at the extraordinary meeting" because he will cite...
(6)  Since this was an extraordinary meeting of the CFU, Mr Hammam found it correct and insisted to pay the (TRAVELLING and ACCOMMODATION EXPENSES) of the delegates as well as the (OVERALL COSTS of the CONFERENCE).
(7)  For this purpose Mr Bin Hammam, (TRANSFERRED the ESTIMATED COSTS of USD
360,000 to the CFU PRIOR TO THE MEETING IN TRINIDAD).
(8)  Exhibit 3 of the submission of Mr Blazer contains the invitation and the event schedule of this extraordinary meeting. Mr Bin Hammam was given a timeslot of two hours between 10 (AM) see how this is CAPITALISED...and noon for his presentation. He also attended the luncheon BUT LEFT PORT OF SPAIN IN THE EVENING OF THE SAME DAY.
(9)  As the schedule of the extraordinary meeting demonstrates, the extraordinary meeting CONTINUED AFTER MR BIN HAMMAM'S PRESENTATION. However, MR BIN HAMMAM LEFT THE MEETING ON 10 MAY 2011 AND HAS NO KNOWLEDGE OF ITS FURTHER COURSE.
(10)  In particular, Mr Bin Hammam has no knowledge about ANY CASH PAYMENTS WHICH WERE ALLEGEDLY OFFERED OR "MADE ON" 10 MAY 2011 OR "ANY TIME THEREAFTER"
(11)  Mr Bin Hammam strictly denies the allegation that any cash payments made by the CFU to representatives of the CFU Member Associations were made with his consent or knowledge.
My Opinion and I could be way off base is...
LINK: http://tinyurl.com/3lue9mu 
Courtesy of.....     guardian.co.uk home

Mohamed bin Hammam will not follow Jack Warner and resign from Fifa

• Qatari intends to contest bribery allegations
• Warner refuses to meet ex-FBI chief leading the inquiry
Mohamed bin Hammam
Mohamed bin Hammam intends to fight allegations of bribery all the way through Fifa's disciplinary system. Photograph: Saeed Khan/AFP/Getty Images
Mohamed bin Hammam will not follow Jack Warner's example and resign from Fifa. The 62-year-old Qatari intends to contest allegations of bribery all the way through Fifa's disciplinary system, unlike Warner who quit and will not be investigated.

Bin Hammam, the former president of the Asian Football Federation (AFC), and Warner were suspended by the world governing body's ethics committee last month pending a full inquiry into claims that they offered or paid bribes totalling around $1m (£620,000) to the 25 members of the Caribbean Football Union. Both denied wrongdoing.

Warner resigned from Fifa on Monday, meaning he is no longer under its jurisdiction, and there has been speculation that Bin Hammam may do the same. But it is understood that is not the case, despite calls from some officials for him to step down.

Peter Velappan, the former general secretary of the AFC, said: "He should just resign because of the allegations. It would be good for football. This has been going on for so many years. He should follow Warner, strike a deal with Fifa and say goodbye."

Bin Hammam, however, believes that his position will be backed up by his fellow Fifa members Worawi Makudi, from Thailand, and Manilal Fernando, from Sri Lanka, as they accompanied him on the trip to Trinidad on 10-11 May when it is alleged the bribes were paid.

Warner may still hold the key to the inquiry, however. Fifa expects him to meet investigators this week, where he will be asked about Bin Hammam's visit and if there is overwhelming evidence then Bin Hammam may be forced to quit.

Warner says he will help Fifa but is insisting he will not meet Louis Freeh, the former FBI chief who is heading the inquiry. Warner told Bloomberg: "I will die first. Not me. If Fifa wants me to co-operate I will do that but not with Freeh.

"I'm not going to back a complaint made by an American and investigated by Americans and an attempt to put it on American soil because the complaint is from Miami. I don't back this farce."

Fifa's president, Sepp Blatter, has given his full support to the secretary general, Jérôme Valcke, who embarrassed the governing body with a comment in a private email that Qatar had "bought" the 2022 World Cup hosting rights. Fifa said Blatter and Valcke "look forward to working together in full confidence and trust in the next four-year cycle, as they have done for the past four years".

Valcke's remark came in an email to Warner. He later said he referred to Qatar's financial power and hadn't implied any wrongdoing.

In the 5th paragraph of 'The Guardian' article above, you will read and I QUOTE... "Bin Hammam, however, believes that his position will be backed up by his fellow Fifa members Worawi Makudi, from Thailand, and Manilal Fernando, from Sri Lanka, as they accompanied him on the trip to Trinidad on 10-11 May when it is alleged the bribes were paid".

In Mohamed Bin Hamma's 'STATEMENT REQUESTING RELIEF' there is NO MENTION AT ALL of "his fellow Fifa members Worawi Makudi, from Thailand, and Manil Fernando, from Sri Lanka, as they accompanied him on the trip on 10-11 May when it is alleged the bribes were paid". I am not saying that they did'nt accompany him, they more than likely did, however I shall deal with this shortly.

My Opinion is that cash payments were not offered ON THAT DAY OF THE EXTRAORDINARY MEETING, I.E. 10 MAY 2011...because THE MONEY WAS ALREADY THERE BEFORE MOHAMED BIN HAMMAM HAD ARRIVED IN PORT OF SPAIN...and I reference:




6.
correct and insisted to pay the travelling and accommodation expenses of the
delegates as well as the overall costs of the conference.

and...

7.
360,000 to the CFU prior to the meeting in Trinidad*.

Cash Payments for the CFU Member Associations were included in the "travelling and accommodation expenses...as well as the overall costs of the conference".

In conclusion, Bin Hammam's fellow Fifa members Worawi Makudi, from Thailand, and Manilal Fernando, from Sri Lanka,  who accompanied him on the trip were/are unwittingly and unknowingly Bin Hammam's ALIBI to ATTEST to the fact whilst in Port of Spain they both never saw Bin Hammam OFFER CASH PAYMENTS TO CFU MEMBERS...REMEMBER...He left Port of Spain the evening of the 10 May 2011.

My question is, why has not Mohamed Bin Hammam cited his two fellow Fifa members in his 'Statement for Relief'?... and obviously penned by a Solicitor.

Then again I could be TOTALLY WRONG....Then AGAIN  :)

Cheers.

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