Legal update


Bezirksgericht Bülach / Bülach District Court
Bezirksgericht Bülach / Bülach District Court

As previously announced on swisscricket.ch, the SCA and SCV met with the Bülach District Court on Thursday 20th December 2012.

 

Regrettably the Bülach District Court wasn’t able to come to a decision on the case lodged by the SCA. The presiding judge asked a series of questions of both parties in an attempt to clarify the build up to the split in January 2010 and the subsequent actions, in particular the reconcilation attempts in 2010 & 2011.
 
The SCV's defense relies entirely on the Extraordinary General Meeting at which Messrs Mathur and McKillop were elected as joint Presidents; with the result of Davesh Mathur claiming to be the President of both the SCA and the SCV. The attempt at reconciliation and tentative solution at that time remains a weakness of the SCA case, i.e. voting in a new constitution and then announcing the cancellation of the 'merger' of the SCA & SCV.

 
There are so many areas the two sides dispute, that if the SCA pursue the case through the courts there will need to be a hearing at which the court would call witnesses to ascertain the facts. 

 

As outlined by the current SCA President, Mr. Alexander Mackay, in a letter to all members, and described by the SCA solicitor, Dr. Frau Gehrig, in an accompanying statement, the SCA faces three choices:

  1. Proceed with the legal action
  2. Establish an independent sports law expert to find an amicable solution according to the declaration of intent. If this fails: proceed with, or withdraw, legal action.
  3. Withdraw legal action and the formation of a new umbrella organisation with a new name, which clearly differentiates from the Swiss Cricket Association.

These choices have been distributed to the members of the SCA and will be discussed at the 2013 Annual General Meeting on 26th January 2013. The meeting will be required to take a decision that must be conveyed to the court no later than 31st January 2013.

More information on this subject is available from the SCA President.