Lawyer says Liverpool may be
powerless over Heinze deal
A leading sports law specialist suspects that Liverpool could prove
powerless to wrest Gabriel Heinze away from Manchester United. The
Argentina left-back still has two years remaining on his contract
at Old Trafford and United are refusing to sell him to their close
Premiership rivals and north-west neighbours.
"I'd love to know what on earth Liverpool can actually do to
require Manchester United to give up their rights under their
contract with Heinze," said Peter Goodman, a partner in SA Law of
St Albans. Heinze and Liverpool appear to be basing their case on a
letter Heinze says Manchester United gave him, stating that he can
leave Old Trafford should any other club offer a sum in the region
of £6m-£7m.
Meanwhile David Gill, United's chief executive, says this document
is "meaningless" - and particularly in the context of Heinze
potentially leaving for a principal domestic adversary - arguing
that Sir Alex Ferguson would never have countenanced the
possibility of such a move. "Unfortunately we don't know the
content of that letter but Liverpool's chances of signing Heinze
almost certainly depend on the detail within that note and whether
it can be construed as a legally binding commitment to sell him to
anyone who offers £6m. The key question is does it replace the
original contract," added Goodman, who doubts whether a club as
legally savvy as United would have furnished a player with a
document worded sufficiently strongly to supersede a key part of
his original agreement.
"From what United are saying it seems the letter is not a
commitment to sell him. If so, it is difficult to see how Liverpool
can succeed," he said. Goodman also explained that Heinze spurned
an opportunity, under Fifa regulations, to buy himself out of his
contract during a five-week "grace period" at the end of the season
when football's ruling body offers restless but contracted players
an escape clause, albeit at a price. "One option for Heinze would
have been to buy himself out of his contract in accordance with
Fifa regulations but he has left it too late, the deadline has
passed," said Goodman.
The Liverpool manager, Rafael Benítez, however, remains determined
to continue his legal battle. He confirmed he has called in
Liverpool's lawyers to try to extricate Heinze from the final two
years of his Old Trafford contract, leaving Ferguson facing a
possible High Court battle.
Ferguson mounted an angry response to Benítez's move to bring in
the lawyers by accusing the player's representatives of going
behind the champions' back to try to force the deal through.
Benítez refused to be drawn further into the dispute: "I do not
want to say any more about that."
Speaking after Liverpool booked their place in the Asia Trophy
final after a 3-1 win over the Hong Kong side South China FC,
Benítez said: "We have made an offer which United rejected. The
matter is now in the hands of our lawyers and we will have to wait
and see what happens. He is a player I would like."
Benítez claims he received documentation, signed by a senior United
official, confirming Heinze's availability. "A lot of clubs, in
many different countries, knew what the situation was," he said. "I
do not know what the problem is. We made an offer, they rejected
it. I know what they are saying to the press but everyone in the
world knows they [United] signed a document."
