James Keatings is to get a fresh appeal date against his Challenge Cup final ban after the Scottish FA admitted an error from a judicial panel member.
A statement released on Saturday afternoon indicated one of the panel members “did not undertake their obligations with respect to the consideration of all available evidence.”
The member in question has been subsequently withdrawn from consideration for all future panels and Rod Petrie and Mike Mulraney, the chief executive and presidential team, have ruled the outcome cannot be considered valid.
Caley Thistle appealed Keatings’ second yellow card against Rangers colts last weekend for simulation, with clear video evidence showing contact from opposing midfielder Ciaran Dickson.
There was outrage from within the club and around Scottish football following Wednesday’s decision to uphold referee Greg Aitkan’s initial call.
The Scottish Championship side released a strongly-worded statement on Wednesday, saying even “the dogs in the street” could see the decision was wrong. They added that the decision not to overturn it showed a lack of football from the panel and that it further damaged the reputation of Scottish football.
The SFA statement read: “The Scottish FA’s Chief Executive, Ian Maxwell, has received notification that the tribunal convened to hear the Claim for Wrongful Caution raised by Inverness Caledonian Thistle on behalf of James Keatings failed to implement its duties as per the Judicial Panel Protocol.
“Specifically, one of the panel members has advised that, despite raising no concerns throughout the process, they did not undertake their obligations with respect to the consideration of all the available evidence.
“While the Fast Track Claims process is by definition an appeal, and therefore not open to further consideration, none the less the Chief Executive and Presidential team, Rod Petrie and Mike Mulraney, are unanimous that the tribunal outcome cannot be considered competent in light of the disclosure from the panel member and that the input from that panel member must be withdrawn.
“With that in mind, and only in extremis based on the information provided by the panel member, the determination cannot be considered valid. Therefore, the Judicial Panel Secretary has been instructed to convene a new tribunal and a fresh date will be set in due course.
“The initial outcome is rendered invalid by the acknowledgement of a panel member of their failure to dispose of their duties in respect of section 13.13.4 of the Judicial Panel Protocol and, in particular, the following paragraph:
“The Determination of the Claim shall be made by the Fast Track Tribunal by examining and deliberating upon: (ii) all of the evidence and submissions delivered by the Claimant in support of the Notice of Claim.
“The Scottish FA upholds the independence of the Judicial Panel Protocol but cannot in this instance consider the tribunal verdict competent, based on the admitted failure of a panel member to adhere to the process as outlined.”
“The panel member in question has subsequently been withdrawn from the pool of potential panel members for all future tribunals.”
Caley Thistle had indicated on Thursday they would continue to explore additional avenues to have Keatings’ ban overturned, to have him available to face Raith Rovers on March 28 in Perth.
Keatings scored against Rangers colts and was in the Caley Jags line-up against Dundee United last night.
