Niculae Court Case

[Scotty]

In our view it was fairly clear we did not initiate the transfer

Thats the line that does my head in ..... Mr Chairman, you can have whatever view you like, but unless you can prove it with some form of written document you are going to lose (again) and cost us more money. It doesnt matter what you think, its all about what you can prove and so far, Marius is more beliveable whilst you are spinning and twisting in the wind. Are you trying to bankrupt the club ?

Why can you not just end this saga. FIFA have already basically told you that the comments of our main shareholder and our director of football sunk us both before any transfer ("we cant afford the player" long before any transfer and "Marius is due money" just after it). As I have said before, Marius may have instigated things in terms of which club he went to, but the former chairman hung a for sale sign round his neck many months before that ...... lets put this to bed and move on before we do actually go bust .....

[stevico1]

The lack of written transfer request does not mean that Marius didn't instigate the transfer. It just makes it hard for the club to prove its version of events.

The comments made recently by Marius and Stevico all seem to centre on the lack of written evidence, rather than actually denying that Marius instigated the transfer.

Come on Yngwie how blinkered can you be, read Marius's comments again he made it very clear he did not instigate the transfer, I can tell you for a fact Marius never instigated the transfer. This all came about as the club mucked up on Pounds/Euros at the time of the transfer, up until then they even said in the papers Marius was due his share, once they realised it was Euros they agreed on they tried to backtrack.

Why do you beleive their version of events so much, its been with FIFA for months and they have judged in Marius favour does that not give you a hint.

[caley100]

The lack of written transfer request does not mean that Marius didn't instigate the transfer. It just makes it hard for the club to prove its version of events.

The comments made recently by Marius and Stevico all seem to centre on the lack of written evidence, rather than actually denying that Marius instigated the transfer.

Maybe the club have something 'up their sleeve' which the marius faction dont know about, ie from the German team.

We also have to understand that Stevico is a wee bit biased here and so his comments will always support his mate.

[Scotty]

The lack of written transfer request does not mean that Marius didn't instigate the transfer. It just makes it hard for the club to prove its version of events. The comments made recently by Marius and Stevico all seem to centre on the lack of written evidence, rather than actually denying that Marius instigated the transfer.

Matters not a jot .... if the club cant prove it, and they dont seem to be able to, then they will lose every time.

The comments I am most interested in are the comments of our former chairman and major shareholder MONTHS before there was any transfer rumblings.

It may all have been some p****** match with Mr Savage - who tokk MN to the club - but at the end of the day it backfired spectacularly and has cost us a fortune. When he (our major shareholder) came out and said we might not be able to afford the player, the "for sale" sign went up as far as I am concerned and evidently FIFA share this view. Whatever happened next is immaterial as that is when any transfer was "instigated".

And if the club DO have anything up their sleeve ... waiting until the very end, as part of another costly apppeal/action seems stupid. Why not just blast it out of the water at the first step ...... and get on with things.

[Yngwie]

I really don't know whose version of events to believe when it comes to the detail, but I am pretty sure, as I have said before, that all parties concerned were very happy for the move to take place.

[stevico1]

The lack of written transfer request does not mean that Marius didn't instigate the transfer. It just makes it hard for the club to prove its version of events.

The comments made recently by Marius and Stevico all seem to centre on the lack of written evidence, rather than actually denying that Marius instigated the transfer.

Maybe the club have something 'up their sleeve' which the marius faction dont know about, ie from the German team.

We also have to understand that Stevico is a wee bit biased here and so his comments will always support his mate.

Well why didn't they produce that for FIFA they had a year to do it.

And while you might consider me to be biased I can assure you Fifa were not

Edited October 21, 2009 by stevico1

[Yngwie]

If the club appeal, I can recommend an appropriate firm of lawyers: Norfolk'n'Chance.

[RiG]

Didn't ICT receive two bids for Niculae with the player stating his prefence for returning to Romania? Maybe that's what the club are going to use as their proof that he insitgated the transfer.

[CaleyD]

I have a vague recollection of something in the papers about the club refusing a lesser bid from someone else.

[Council Juice]

The lack of written transfer request does not mean that Marius didn't instigate the transfer. It just makes it hard for the club to prove its version of events.

The comments made recently by Marius and Stevico all seem to centre on the lack of written evidence, rather than actually denying that Marius instigated the transfer.

Maybe the club have something 'up their sleeve' which the marius faction dont know about, ie from the German team.

We also have to understand that Stevico is a wee bit biased here and so his comments will always support his mate.

Well why didn't they produce that for FIFA they had a year to do it.

And while you might consider me to be biased I can assure you Fifa were not

What I still dont quite get, is that Mr Niculae was apparently allowed to go home on personal reasons (not sure but had he perhaps been recently married?) and that surely does not qualify as negotiating terms on a contract with another club. It seemed that he had agreed contract terms etc and then a bid was made (in euros) and that the club reluctuntly accepted (even if it was a ? sterling bid it was still lower than other offer on table) due to it being lower than the bid Kaiserslauten had approached with. This was because this was Marius's preference. The bid was lower so why would it be accepted unless the players asks as such. This to me is instigating a transfer of the players preference. We seemingly lost out on money because of the players wishes to join a certain club a deal hadn't been finalised with.

Some could say he negotiated terms whilst in contract also (tapping up?)

Stevico, maybe you can clear this up for me, what with your insider knowledge, as it is still one big muddle in my eyes.

But I wish it would just all go away.

[stevico1]

The lack of written transfer request does not mean that Marius didn't instigate the transfer. It just makes it hard for the club to prove its version of events.

The comments made recently by Marius and Stevico all seem to centre on the lack of written evidence, rather than actually denying that Marius instigated the transfer.

Maybe the club have something 'up their sleeve' which the marius faction dont know about, ie from the German team.

We also have to understand that Stevico is a wee bit biased here and so his comments will always support his mate.

Well why didn't they produce that for FIFA they had a year to do it.

And while you might consider me to be biased I can assure you Fifa were not

What I still dont quite get, is that Mr Niculae was apparently allowed to go home on personal reasons (not sure but had he perhaps been recently married?) and that surely does not qualify as negotiating terms on a contract with another club. It seemed that he had agreed contract terms etc and then a bid was made (in euros) and that the club reluctuntly accepted (even if it was a ? sterling bid it was still lower than other offer on table) due to it being lower than the bid Kaiserslauten had approached with. This was because this was Marius's preference. The bid was lower so why would it be accepted unless the players asks as such. This to me is instigating a transfer of the players preference. We seemingly lost out on money because of the players wishes to join a certain club a deal hadn't been finalised with.

Some could say he negotiated terms whilst in contract also (tapping up?)

Stevico, maybe you can clear this up for me, what with your insider knowledge, as it is still one big muddle in my eyes.

But I wish it would just all go away.

There was no higher offer on the table that Marius was informed off ( I don't think there was a higher offer) been through it all before and the evidence from both parties has been given to FIFA. ICT accepted a bid for Marius from Dinamo, Dinamo paid the agreed fee by bank transfer (the same day I think if not the next) Marius then agreed terms with Dinamo. I am sure that if it had been a case of tapping up FIFA would not have ruled in his favour.

Bottom line is if ICT were not happy with the transfer why did they send an invoice to Dinamo the same day, and if they thought Marius instigated the transfer why did they not get him to put a transfer request in before they accepted it considering how much money was at stake.

Edited October 21, 2009 by stevico1

[starchief]

What I still dont quite get, is that Mr Niculae was apparently allowed to go home on personal reasons (not sure but had he perhaps been recently married?) and that surely does not qualify as negotiating terms on a contract with another club. It seemed that he had agreed contract terms etc and then a bid was made (in euros) and that the club reluctuntly accepted (even if it was a ? sterling bid it was still lower than other offer on table) due to it being lower than the bid Kaiserslauten had approached with. This was because this was Marius's preference. The bid was lower so why would it be accepted unless the players asks as such. This to me is instigating a transfer of the players preference. We seemingly lost out on money because of the players wishes to join a certain club a deal hadn't been finalised with.

Some could say he negotiated terms whilst in contract also (tapping up?)

Stevico, maybe you can clear this up for me, what with your insider knowledge, as it is still one big muddle in my eyes.

But I wish it would just all go away.

But not instigating a transfer. Just a preference.

Niculae (and anyone else) doesn't have to go to the highest bidder. He can either ride out his contract or, if the club says they want rid, go to a club he prefers.

No one is saying Marius had no preference in which club he wanted to go to. But if you're managing director (basically) says that he's looking to sell, then I can't see the player gets blamed for instigating.

[Johnboy]

Bottom line is if ICT were not happy with the transfer why did they send an invoice to Dinamo the same day, and if they thought Marius instigated the transfer why did they not get him to put a transfer request in before they accepted it considering how much money was at stake.

Exactly....

And the fact that they are considering an appeal kind of begs the question :

Is Inverness Caledonian Thisle FC being run and administered by fit and proper persons?

[Oddquine]

If this is a remotely correct statement No evidence has been been forthcoming of a written transfer request and the Inverness majority shareholder, David Sutherland, was quoted in April 2008 questioning whether Niculae?s reported ?4,000-a-week wages could be maintained.Furthermore, Graeme Bennett, the Inverness director of football, admitted on the day of Niculae?s sale: ?It is a straight deal although Marius is entitled to a percentage of the fee agreed.? from Here then the ICT Board is expensively whistling in the wind.

The current board as a whole couldn't run a party in a brewery, far less a football club.......and is the biggest part of the problems perceived within this club imo.

[stevico1]

At the end of the day we can all think what we want bottom line is that FIFA through a five man panel decided that Niculae did not instigate the transfer, it looks like the club will take it to the Court of Arbitration for Sport which is their right and we will just have to see what the outcome is from this.

I do believe that the club thought Marius would eventually drop this as his legal fees up to now are a small fortune, however that was a mistake as Marius has told me that he will fight this every step of the way because he believes he was right.

What frustrates me is if the club had taken the time to fly out to meet Marius before this all got so messy I know it could have been resolved in a lot less costly and and messy way.

[CaleyD]

Are you trying to bankrupt the club ?

My fear is that the current stance is being taken because we're already in a position where paying could sink us. So it could very well be a case of "nothing to lose" by risking an appeal.

[Libero]

Are you trying to bankrupt the club ?

My fear is that the current stance is being taken because we're already in a position where paying could sink us. So it could very well be a case of "nothing to lose" by risking an appeal.

i had no idea things were so bad!

[Johnboy]

CD : Found something you could play at the Morton game!

We're going wrong

[Yngwie]

What frustrates me is if the club had taken the time to fly out to meet Marius before this all got so messy I know it could have been resolved in a lot less costly and and messy way.

It is indeed quite surprising that the parties didn't reach a compromise on this.

One or both sides must have been certain that they were in the right, and would fare better by letting it go all the way.

[stevico1]

What frustrates me is if the club had taken the time to fly out to meet Marius before this all got so messy I know it could have been resolved in a lot less costly and and messy way.

It is indeed quite surprising that the parties didn't reach a compromise on this.

One or both sides must have been certain that they were in the right, and would fare better by letting it go all the way.

Can assure you it was never discussed, as I am confident a compromise could have been met, anyway to late now

[Yngwie]

It's not too late!

What if the club offers 50% and agrees not to appeal!

[stevico1]

It's not too late!

What if the club offers 50% and agrees not to appeal!

I can assure you its to late, Marius is not bothered if they take it to appeal as is confident of same outcome.

[RiG]

I found this old thread an interesting read.

Some posts of note include one where, according to MFR, Niculae negotiated the deal himself *clicky*

Bennett admitting that Niculae is entitled to a cut of the fee *clicky*

P & J claiming he was negotiating his own exit *clicky*

Niculae must forgo his fee - Inverness Courier *clicky*

ICT snippet claiming Marius initiated the move *clicky*

Quite an interesting read going back to last summer!

[Johnboy]

This one's quite interesting....

Tonight's story directly contradicts the quotes from Grassa in Saturday's P&J:

"A fee has been agreed and we are just sorting out the paperwork. It is a straight deal although Marius is entitled to a percentage of it. It represents a good deal for the club and the player. It was a slow process with them but we finally agreed a deal."

I did wince when i read the phrase "straight deal". From a fans point of view there has been nothing straight about the affairs of this club since we first heard the name Marius Niculae.

[RiG]

Aye that one is included in my original post.