' PRIVATE EMAILS AND TEXTS '

Since Malky Mackay was appointed the manager of Wigan Athletic, there has been fresh impetus regarding the ongoing FA investigation into the texts and emails between Malky and Iain Moody.

Personally I do not condone or encourage the sort of language and terms used by Malky Mackay and Iain Moody, which Malky has apologised for since they surfaced.

I think that the FA are under extreme pressure to punish Malky and Moody but I believe they will find it difficult to deal with the pair in a way that many are expecting because of previous similar incidents.

Richard Scudamore was the Premier League chief executive when he was accused of sending sexist emails and because he was not an employee of the FA, the FA refused to intervene.

Greg Dyke is quoted as saying the following :

"In terms of wider FA disciplinary action, we were advised that the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

It is for this reason that I think the FA may be cornered somewhat into a decision on their investigation unless of course they change their stance on such matters considerably.

http://www.theguardian.com/football/201 ... -greg-dyke

I hope they WILL be punished.

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

Allan, read the quote by Greg Dyke in my opening post, since he only said this a few months ago I think the FA have put themselves in a bit of a quandary.

".........the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

Was it on a work phone?

Was it on a work phone?

If you are referring to Malky then yes, the texts exchanged between him and Moody were on club issue phones.

Emails were sent on club issued computers.

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

Allan, read the quote by Greg Dyke in my opening post, since he only said this a few months ago I think the FA have put themselves in a bit of a quandary.

".........the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

trouble is carl tan is within football hasnt other cases been by football men but to outside football people? slightly different context! but take youre point

Was it on a work phone?

If you are referring to Malky then yes, the texts exchanged between him and Moody were on club issue phones.

Emails were sent on club issued computers.

For me that's not private.
Work phones and emails are for work related issues. If I said anything even slightly offensive on a work email or phone I'd be sacked and in trouble.

Was it on a work phone?

If you are referring to Malky then yes, the texts exchanged between him and Moody were on club issue phones.

Emails were sent on club issued computers.

For me that's not private.
Work phones and emails are for work related issues. If I said anything even slightly offensive on a work email or phone I'd be sacked and in trouble.

thats point being missed by many anyone making such remarks against an employee is a dismissal offence regardless in what context it was made! especially on works equipement.

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

Allan, read the quote by Greg Dyke in my opening post, since he only said this a few months ago I think the FA have put themselves in a bit of a quandary.

".........the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

trouble is carl tan is within football hasnt other cases been by football men but to outside football people? slightly different context! but take youre point

Sorry Allan but are you suggesting if Malky or Moody or even both had sent offending texts and emails to people outside of football then there wouldn't be an investigation ?

We are talking about professional misconduct here. The conduct of their behaviour is in question, it doesn't matter if it were between 'football people', I really can't see your point here

But back to the point I am making, the FA policy just a few months ago according to FA chairman Greg Dyke was that, and I quote "the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct".

Unless it has been changed since Dyke made those comments, I would have to assume that Malky and Moody will claim that the emails and texts were private communications sent between each other with the expectation of them being private.

As I said I don't condone what has been alleged and Malky has apologised for the 'two or three texts' he sent but do you agree that was is stated above, allows Malky and Moody a case for defence to avoid punishment?

We are not discussing morality or guilt but what the FA can do in terms of punishment when their policy, according to Dyke, is clearly outlined above.

Was it on a work phone?

If you are referring to Malky then yes, the texts exchanged between him and Moody were on club issue phones.

Emails were sent on club issued computers.

For me that's not private.
Work phones and emails are for work related issues. If I said anything even slightly offensive on a work email or phone I'd be sacked and in trouble.

Luke, Scudamore's offensive sexist emails were sent from his work computer.

The FA, through its chairman Greg Dyke, states its policy on such matters and therefore whether you,I or anyone else believe it is not private, the FA has put itself in a difficult position.

Your company Luke obviously has a different policy to that of the FA, whom we are discussing not whether we believe they are private or not, the FA policy tells me that they will find it difficult to punish either men.

Was it on a work phone?

If you are referring to Malky then yes, the texts exchanged between him and Moody were on club issue phones.

Emails were sent on club issued computers.

For me that's not private.
Work phones and emails are for work related issues. If I said anything even slightly offensive on a work email or phone I'd be sacked and in trouble.

thats point being missed by many anyone making such remarks against an employee is a dismissal offence regardless in what context it was made! especially on works equipement.

The point is not being missed at all, I believe you are failing to understand what Greg Dyke the chairman of the FA was quoted as saying in May of this year regarding Scudamore.

The FA are in a difficult position because of its own policy on such issues.

It is clearly stated that emails and texts that are sent in private do not constitute professional misconduct if the person(s) sending the emails or texts legitimately expect them to be private.

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

Allan, read the quote by Greg Dyke in my opening post, since he only said this a few months ago I think the FA have put themselves in a bit of a quandary.

".........the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

trouble is carl tan is within football hasnt other cases been by football men but to outside football people? slightly different context! but take youre point

Sorry Allan but are you suggesting if Malky or Moody or even both had sent offending texts and emails to people outside of football then there wouldn't be an investigation ?

We are talking about professional misconduct here. The conduct of their behaviour is in question, it doesn't matter if it were between 'football people', I really can't see your point here

But back to the point I am making, the FA policy just a few months ago according to FA chairman Greg Dyke was that, and I quote "the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct".

Unless it has been changed since Dyke made those comments, I would have to assume that Malky and Moody will claim that the emails and texts were private communications sent between each other with the expectation of them being private.

As I said I don't condone what has been alleged and Malky has apologised for the 'two or three texts' he sent but do you agree that was is stated above, allows Malky and Moody a case for defence to avoid punishment?

We are not discussing morality or guilt but what the FA can do in terms of punishment when their policy, according to Dyke, is clearly outlined above.

dont quote me carl but i think policy may have changed since what you are refering to, so that fa can take action! if it happens again.

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

Allan, read the quote by Greg Dyke in my opening post, since he only said this a few months ago I think the FA have put themselves in a bit of a quandary.

".........the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

trouble is carl tan is within football hasnt other cases been by football men but to outside football people? slightly different context! but take youre point

Sorry Allan but are you suggesting if Malky or Moody or even both had sent offending texts and emails to people outside of football then there wouldn't be an investigation ?

We are talking about professional misconduct here. The conduct of their behaviour is in question, it doesn't matter if it were between 'football people', I really can't see your point here

But back to the point I am making, the FA policy just a few months ago according to FA chairman Greg Dyke was that, and I quote "the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct".

Unless it has been changed since Dyke made those comments, I would have to assume that Malky and Moody will claim that the emails and texts were private communications sent between each other with the expectation of them being private.

As I said I don't condone what has been alleged and Malky has apologised for the 'two or three texts' he sent but do you agree that was is stated above, allows Malky and Moody a case for defence to avoid punishment?

We are not discussing morality or guilt but what the FA can do in terms of punishment when their policy, according to Dyke, is clearly outlined above.

dont quote me carl but i think policy may have changed since what you are refering to, so that fa can take action! if it happens again.

Where did you read or hear that the policy has changed ?

If it has then clearly the FA will find it easier to punish the pair but if no changes to policy have been made then I can't see how they can or will be.

Carl it wouldn't be the first time the fa have contradicted themselves to suit certain agendas. Sadly football is a very corrupt sport.

carl no matter what context they were sent in they have become public and been admitted as true by both people, so in that context fa have to do something! despite whats happened before

Allan, read the quote by Greg Dyke in my opening post, since he only said this a few months ago I think the FA have put themselves in a bit of a quandary.

".........the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct. The FA has applied this policy on an ongoing basis and in relation to numerous other cases.”

trouble is carl tan is within football hasnt other cases been by football men but to outside football people? slightly different context! but take youre point

Sorry Allan but are you suggesting if Malky or Moody or even both had sent offending texts and emails to people outside of football then there wouldn't be an investigation ?

We are talking about professional misconduct here. The conduct of their behaviour is in question, it doesn't matter if it were between 'football people', I really can't see your point here

But back to the point I am making, the FA policy just a few months ago according to FA chairman Greg Dyke was that, and I quote "the FA does not as a matter of policy consider private communications sent with a legitimate expectation of privacy to amount to professional misconduct".

Unless it has been changed since Dyke made those comments, I would have to assume that Malky and Moody will claim that the emails and texts were private communications sent between each other with the expectation of them being private.

As I said I don't condone what has been alleged and Malky has apologised for the 'two or three texts' he sent but do you agree that was is stated above, allows Malky and Moody a case for defence to avoid punishment?

We are not discussing morality or guilt but what the FA can do in terms of punishment when their policy, according to Dyke, is clearly outlined above.

dont quote me carl but i think policy may have changed since what you are refering to, so that fa can take action! if it happens again.

Also Allan you didn't answer my question, are you suggesting if Malky or Moody or even both had sent offending texts and emails to people outside of football then there wouldn't be an investigation ?

Carl it wouldn't be the first time the fa have contradicted themselves to suit certain agendas. Sadly football is a very corrupt sport.

Point taken but if they do contradict themselves, which I believe you and I will both agree on if they punish Malky and Moody but didn't treat Scudamore in the same manner, then do you agree that the pair will have reasonable grounds for appeal as a result?

This is possibly why the investigation is dragging on the fa have by their past comments left them with headache of how to deal with the issue,if the do nothing they fear critism if they punish them with suspension they fear appeals and being shown to be double standards

Have to say that I totally agree with Carl's reasoning on this matter and have stated so previously

I believe that is why Dave Whelan felt 'safe' to appoint Malky when he did, as he alluded to the fact he'd 'spoken' to the FA at the time and saw "no reason to believe any charges would be brought"

Regardless of the rights and wrongs of what occurred, the rules are the rules and if no charges are brought, then Malky (and even more sadly) Moody should be free to continue their now blighted careers IF someone (as Wigan have with Malky) someone is prepared to hire one or both of them!

Although (IMHO) 1000x worse) Ched Evans is in the same boat and the Law of the Land (rightly or wrongly) says he is now free to continue with his career, again IF someone is prepared to hire him!

I would like to think 'natural justice' would prevail in Evans and Moody's cases and no-one will touch them with a Barge Pole, but if they do then there is little we can do about it except be grateful it isn't OUR club they are representing going forward!

As for Malky??

Whilst I don't condone or agree one iota with what he did, I still believe he was by far the 'lesser' culprit in the whole sorry saga, and as smug and manipulative as I now believe him to be, I feel the price of indignity, embarrassment and future mis-trust he has will be subjected to is more than enough punishment. It's something he will never shake off and that is enough for me!

Carl it wouldn't be the first time the fa have contradicted themselves to suit certain agendas. Sadly football is a very corrupt sport.

Agreed political as can be .......

Nothing will br done.

Punishment has been served

Moody is not working and will forever be known as a racist/sexist

Malky will never reach the heights that he had the potential to. He will not do so well for wigan (in my opinion) and no premier league team will touch him now.

Nothing will br done.

Punishment has been served

Moody is not working and will forever be known as a racist/sexist

Malky will never reach the heights that he had the potential to. He will not do so well for wigan (in my opinion) and no premier league team will touch him now.

I can't see how punishment has been served or am I missing something ?

Nothing will br done.

Punishment has been served

Moody is not working and will forever be known as a racist/sexist

Malky will never reach the heights that he had the potential to. He will not do so well for wigan (in my opinion) and no premier league team will touch him now.

I can't see how punishment has been served or am I missing something ?

not in the sense of the LAW but neither I don't think will ever get a top job again. This will follow them for the rest of their careers.

Malky will not be on top dollar at Wigan as he is now a liability. Wheelan will not give him the bucks that Tan did as Wigan are not like that.

The FA will not punish either as it will show double standards with the Scudamore incident, this will mean no closure on the incident for many inside and out of football.

from here on, Malky and Moody will always be known as sexist/racist people. Whenever they are being talked about it will always be there.

Remember who Malky was to the footballing world when we got promoted?
He'll never get there again.

That I feel is the punishment.

Nothing will br done.

Punishment has been served

Moody is not working and will forever be known as a racist/sexist

Malky will never reach the heights that he had the potential to. He will not do so well for wigan (in my opinion) and no premier league team will touch him now.

I can't see how punishment has been served or am I missing something ?

not in the sense of the LAW but neither I don't think will ever get a top job again. This will follow them for the rest of their careers.

Malky will not be on top dollar at Wigan as he is now a liability. Wheelan will not give him the bucks that Tan did as Wigan are not like that.

The FA will not punish either as it will show double standards with the Scudamore incident, this will mean no closure on the incident for many inside and out of football.

from here on, Malky and Moody will always be known as sexist/racist people. Whenever they are being talked about it will always be there.

Remember who Malky was to the footballing world when we got promoted?
He'll never get there again.

That I feel is the punishment.

A hefty fine and a few months ban wouldn't go a miss to hit his pocket hard!

Wish this could just drop personally and think they should leave him alone. I see it as Tan just to stubborn to let things go

Wish this could just drop personally and think they should leave him alone. I see it as Tan just to stubborn to let things go

nothing to do with tan anymore though as FA are still investigating