“This is particularly significant in this case as there are allegations of fraud, dishonesty, falsifying accounts, avoiding taxation and much more: possibly, criminal conduct activity and allegations.
“However, immunity does not place diplomats outside the law. It determines whether the receiving State may use particular judicial proceedings or coercive measures against a protected person; it does not make unlawful conduct lawful, establish innocence, or extinguish legal responsibility.
“Persons enjoying diplomatic privileges and immunities remain under a duty to respect the laws and regulations of the receiving State and, subject to the Convention, not to interfere in its internal affairs (Vienna Convention on Diplomatic Relations, 1961, art. 41).”
Do you think Al Mubarak’s diplomatic immunity means Man City might be able to resist any calls for an ownership change?
“The two are separate matters: in relation to fit ownership, the question will be whether the current owners continue to pass the ‘fit and proper person test’, and that terminology in itself has wide meaning.
“The test is designed to protect the image and integrity of the league and the clubs that play in it. The question will be whether the owners of Man City pass this test. There is no criminal conviction here, no tax avoidance, no losses to any person: just money being put into a club that belongs to the Abu Dhabi government or the owners (depending upon whose side you currently accept).
“The gravamen of the alleged offence is that the rules of how money should be put in have been broken. Is that any worse then other allegations against other owners? West Ham United’s owner, David Sullivan has been the subject of allegations from several women that many would say are not just morally unacceptable and that he should not be an owner of a club in light of these actions: but he still is.”
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