Court case almost inevitable (Fri, 23 Sep 2011)
A meeting between the representatives of the SCA and representatives of the SCV with Zürich's Justice Of The Peace failed to produce any signs of reconciliation. The SCA have now been granted permission to take the SCV to court.
On Wednesday 21st September, the Swiss Cricket Association (SCA) represented by Frau Dr. Tanja Gehrig and Mr. A.Mackay, met with the Schweizerischer Cricket Verband (SCV), represented by lic. iur. Herr P.Braunschwig, Mr. D.Mathur and Mr. B.Basnayake. Both sides were given the opportunity to put their cases before the Justice of the Peace in Glattbrugg, Zurich, with a view to resolving the question as to who the sole representative of Swiss cricket is. In the eyes of ICC Europe only one organisation can represent cricket officially in any country.
The SCA argued that the SCV was a new body, as at the incorporating meeting none of the member clubs of SCA Berne were present, respectively represented. The SCV was founded by four individuals (D. Mathur, J. Singh, H. Gallop and D. Raina) and without the knowledge of the then SCA committee.
Therefore, as it was founded illegally and without the knowledge of the then SCA committee and clubs, it had no right to imitate the SCA, copy the website, nor use the logo, enjoy any recognition by the ICC, or have any claim to the SCA bank account.
The SCV argued that there is still only one SCA, but two factions and excused the incorrect founding due to the dysfunctional committee in 2009.
They acted as though they were ICC compliant in all criteria, i.e. that they were active in all areas: women's cricket, youth cricket, men's cricket, had sufficient playing grounds, were organising coaching, umpiriring and scoring courses, etc. However, none of this is evident.
The events from 2009 up to today (Cyprus, the AGMs, EGMs, supposed misappropriation of funds, attempted fusion of the two factions and the subsequent (re-)split, etc. ) were discussed. At no time did the SCV signal any change in their stance to any of these points.
As a result of the approximately one hour discussion, the Justice of the Peace recommended neutral mediation. However, despite the SCV's rhetoric of conciliation and readiness for compromise, their actions and arguments demonstrated absolutely no change from their stance 12 months ago.
Consequently, the Justice of the Peace agreed to write a letter allowing the SCA to submit this case to a Swiss court of law (Bülach). This can be expected by the end of September.