According to an article in the Guardian today by Bates’ favourite investigative journalist, Leeds and Bates could face charges from the FA over the Melvyn Levi affair.

David Conn has reported that the FA decided last month to charge both the club and Bates personally for bringing the game into dispute over the harassment of Levy, but for now the charge is to be “held in abeyance”. The club could be liable because the abuse about Levy was published in the club’s official programme and on Yorkshire Radio, which is wholly owned by the club.

But the FA have decided not to proceed with the charge for the time being, as a separate dispute between Levy and Bates over a business matter is due to come to court. Presumably the FA feels that for legal reasons it can’t hold it’s own disciplinary hearing at the same time, but the delay could mean that Bates could avoid the FA charge altogether.

Back in June Leeds county court found that Bates and the club were guilty of harassment of Melvyn Levi, by publishing personal attacks on him in Bates's propaganda notes in the programme, and broadcasting a public appeal for Levi's whereabouts on Yorkshire Radio . Levi told the court this public harassment had a deeply upsetting impact on him and his wife, and Judge Gosnell agreed that Levi's life "had been very significantly affected for the worse".

On 29 August, an official from the FA's football governance and regulation division wrote to Levi's lawyer Nick Collins, saying the FA intended to charge Bates: "I am confident that I will be in a position to confirm the charge with you by telephone tomorrow." But the following day, the same official asked Collins not to release this information, and last week he was told that the FA charge is not going ahead until the other court case has been concluded.

Collins is severely critical of that FA decision "Ken Bates has been found by a judge to have committed harassment, serious enough to sustain criminal liability. Any other court actions – which Melvyn Levi will be defending absolutely – are irrelevant. The FA has a duty to protect football and its reputation, and they are declining to act."

It could be that this situation was one of the factors which has delayed the completion of the takeover, as the hold-up is believed to be the indemnity the bidders were asking for, so they could be reimbursed for any losses they suffered from problems dating back to Bates time in charge of the club. But on the other hand, it is also an incentive for Bates to get on with concluding the deal, as that would help him to avoid the charge he so richly deserves.

If the takeover has been completed by the time the FA are ready, Bates would no longer be involved with football and therefore would be outside the FA’s jurisdiction. It seems unfair that the club could still be charged by the FA after a takeover if the club was in the hands of people who had nothing to do with the Levy fiasco, while the man who caused the whole situation got away scot free!

But if this does give Bates the final bit of encouragement he needs to get out of our club, then it could all be worthwhile!

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