There are various concerns with respect to the procedures and
processes followed by WICB Directors representatives during their
negotiations and ultimate ratification of the new sponsorship
agreement with Digicel. As we alluded to earlier, our review of the
evidence shows that there is no resolution authorizing the
President and other WICB Directors to sign the new agreement.
CHAPTER 3: Does an improper relationship exist between the
WICB and Digicel?
By definition, the terms improper means "Not suited to
circumstances or needs; unsuitable or lacking in propriety",
Webster's Dictionary. It should be noted that in the case of
Digicel and the WICB, it is all about the propriety of a business
arrangement. The propriety of the relationship should be judged on
the principles of Company Law, the WICB Memorandum and Articles of
Association and the fairness or balance of the commercial terms
negotiated and agreed. It is important that both parties are seen
to be treated fairly, not only in form but in substance as
well.
Finally, in respect of matching the offer, C&W raised the
issue that they were not told the identity of the rival bid, so
they could not therefore assess whether the offer was bona fide or
not. C&W further took the view that by not knowing the identity
of the sponsor, they were restricted in their ability to explore
other companies for joint sponsorship. Legal opinion from the WICB
stated that there was no requirement to disclose the identity of
the rival bid. C&W disagreed.
(EDITOR'S NOTE: This is the first of a multi-part verbatim
republication of the WICB's sponsorship negotiations review
committee).
EVIDENCE: The committee received documents from the WICB
including correspondence from the relevant parties. Having reviewed
these documents, the committee found that there were questions
which could only be answered by persons who had participated in the
negotiations and who could verify and/or clarify the several issues
that arose in the negotiations. These included inter alia
how, and why, the Board found it necessary to engage the services
of a brokerage firm as the Board?s agent for the purpose of
negotiating sponsorship on its behalf.
The twists and turns of the sponsorship dispute now featuring
the Lucky Commission could turn the weak of heart into suicidal
maniacs. But as we know, even at the darkest hour there can be a
sudden spark to brighten lives.
And surely, all well-thinking Caribbean cricket people would
have smiled with the news that the West Indies Cricket Board has
decided to formally remove barriers to cricketers switching
national allegiances within the region.
