Mayor of Manchester and Everton season ticket holder Andy Burnham pleads with Premier League to ‘null and void’ Toffees 10-point punishment as it an ‘abuse of process’

Andy Burnham has written to the Premier League telling them to ‘null and void’ Everton’s 10-point punishment for breaching financial rules due to an ‘abuse of process’ in altering the framework used to make the judgment midway through the case.

Everton were charged by the Premier League and referred to an independent commission in March for breaching profit and sustainability rules, but the framework was only put together on August 10 of this year.

Mayor of Manchester, Labour politician and Everton season ticket holder Burnham has slammed the process for being unfair as it was introduced in the middle of the process against the Toffees. The club have been aware of the framework shift for the last week.

‘Has there been a fair process? Having taken my time this week to study the judgment and speak to a lot of people I have concluded that there has not been a fair process,’ he told reporters outside Goodison Park on Sunday.

‘There has been a highly flawed process and I would go as far to say there has been an abuse of the process. 

Everton suffered the hammer blow of a 10-point deduction for breaching financial rules

‘And that abuse of process concerns the guideline and framework that was put together in August and submitted to the independent commission. 

‘As I understand it, the sanctions regime that has been developed has not been seen by any of the PL clubs. I understand that many of them found out about it when they read the findings from the independent commission, how on earth can that be fair?’

The Premier League insist that their sanction policy and process has been the same since before Everton were charged. 

Burnham addressed his letter to Alison Brittain, chair of the Premier League, and copied in the Department for Culture Sport and Media, in which he lodges an intention to make a formal complaint in his capacity as an Everton supporter.

It follows local MP Ian Byrne throwing his weight behind Everton’s case, in which many fans and the club have said the punishment was ‘disproportionate’ for a £19.5million breach, as well as local mayor Steve Rotheram speaking of his unease around the process.

Manager Sean Dyche has had the verdict looming over him and the players for some time

‘It could be argued that the Premier League handing a new penalty regime to the Commission in this way is akin to the Government handing new sentencing guidelines to a judge in the middle of a particular trial.

‘Any right-minded person would see that as an inappropriate attempt to influence due process. From my experience of regulation, introducing new rules in the late stages of a process would be regarded as regulatory malpractice.

‘So, what we have ended up with is the harsh penalty the Premier League clearly wanted but with no formal policy basis for the calculation of that penalty nor any policy basis upon which it can now be challenged at appeal.

‘It is, in effect, an arbitrary decision which seems to result from the pressure applied by the Premier League and any appeal against it would be a similarly arbitrary process. 

The Toffees, currently owned by Farhad Moshiri (right), are selling the club to Josh Wander (left) who is leading the 777 takeover, which still needs to be approved

‘How on earth can Everton Football Club be assured of fair treatment in these circumstances?

‘As founder members of the Football League and Premier League, we’re not asking for special treatment but we are asking for respect for this grand old football club. This needs to be stopped soon and it can’t be allowed to drag on.

‘I would say the process should be declared null and void because of the regulatory malpractice of introducing new rules in the middle of a process. When really no regulator ever should do that.

‘The sanctions regime should be shared with all the Premier League clubs, debated and adopted, and then Everton’s case should be heard again under the agreed PSR regime. I can’t see any alternative to resolve this situation.’