Former Cardiff City manager Malky Mackay poised to escape action by the Football Association over texts
Ex-Cardiff manager subject to probe over abusive messages although private nature of exchanges is likely to prevent FA charge
Former Cardiff City manager Malky Mackay poised to escape action by the Football Association over texts
Let off: Former Cardiff City manager Malky Mackay has apologised for sending text messages he admits were ''disrespectful of other cultures'' - but claimed they were ''part of friendly text banter''. Photo: PA
Jason Burt By Jason Burt10:30PM BST 18 Oct 2014Malky Mackay appears unlikely to face any charge of misconduct from the Football Association as the investigation into the former Cardiff City manager Malky Mackay and former head of recruitment Iain Moody nears its conclusion.
It is understood that the evidence against the pair needs to be reviewed again but the likelihood is that, although there was an appetite within the FA to pursue both Mackay and Moody for alleged “sexist, racist and homophobic” text messages, the organisation has struggled to overcome its apparent policy of not acting over private correspondence.
How it tackles the so-called 'private v public’ issue remains unanswered in the FA, even though it has been claimed that there is nothing in the current rules on discrimination that makes private messages exempt.
In May the FA took no action against the Premier League chief executive, Richard Scudamore, when sexist emails from his work inbox were leaked to the press, citing that its policy was not to act on “private communications”.
Equality campaigners have demanded that the FA looks again at how it implements its rules.
The FA may feel it would have to prove such messages were disseminated more widely if it were to press charges. It began its investigation in late August and has examined texts sent by Mackay and Moody during their time at Cardiff.
Mackay has since apologised for sending messages that were “disrespectful of other cultures”. But his apology backfired when a statement issued on his behalf by the League Managers Association claimed the exchanges occurred during “friendly text message banter”.
The LMA subsequently apologised for the wording of its apology. Cardiff reported the pair for alleged misconduct in a dossier compiled by the law firm Mishcon de Reya on behalf of chairman Vincent Tan. The lawyers even obtained warrants to search their homes.
The document is believed to also include details of their transfer dealings and thousands of texts and emails, some of which are explicit and offensive. The revelations, when they came to light, prevented Mackay taking the manager’s job at Crystal Palace and forced Moody to resign as the club’s sporting director.
Mackay was sacked by Cardiff in December and became involved in a bitter legal dispute, pursuing a £7.5 million claim for wrongful dismissal. He dropped the action in May and apologised “without reservation” to Tan, saying: “Wherever mistakes were made during my time at the club, I wish to apologise for any part that I played in them, and for any offence I might have caused, particularly to Tan Sri Vincent Tan and all City fans.”
Cardiff have also compiled documentation relating to a number of transfer deals that took place during Mackay’s time at the club, who he took from the Championship to the Premier League. Both he and Moody have strenuously denied any wrongdoing, and it now appears they will not face any further sanction.
Last night the FA would not be drawn on the possibility of whether or not charges were going to be brought against Mackay or Moody. “We cannot comment as the matter is ongoing,” a spokesman said. If the FA decide not to charge either Mackay or Moody it may not be the end of any action being taken against them should Cardiff decide to continue to pursue the matter, which they could do through the civil courts.
