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Oldham Turned Against Me - Montano (Bbc News Article)


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Yes lets be careful about what we write because the report says:

 

"Montano was asked directly if he had ever been involved in fixing or accepted money to fix any part of a football match.[/size]

"I never accepted money, I never had any intention to do that, never," he said. ".

I wonder what he did intend to accept then?

 

Writing off of a debt?

 

Or is he suggesting he's innocent, despite his remarkably vigorous attempts to demonstrate the act of cheating in the video.

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"The police ask an employer for the home address of one of its employees as they wish to find him urgently in connection with a criminal investigation. The employee is absent from work at the time. The employer had collected the employee’s personal data for its HR purposes, and disclosing it for another purpose would ordinarily breach the first and second data protection principles. However, applying those principles in this case would be likely to prejudice the criminal investigation. The employer may therefore disclose its employee’s home address without breaching the Act."

 

While not exactly the same circumstances, I think the above confirms Barry the director did nothing wrong DPA wise.

 

https://ico.org.uk/for-organisations/guide-to-data-protection/exemptions/

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"The police ask an employer for the home address of one of its employees as they wish to find him urgently in connection with a criminal investigation. The employee is absent from work at the time. The employer had collected the employees personal data for its HR purposes, and disclosing it for another purpose would ordinarily breach the first and second data protection principles. However, applying those principles in this case would be likely to prejudice the criminal investigation. The employer may therefore disclose its employees home address without breaching the Act."

While not exactly the same circumstances, I think the above confirms Barry the director did nothing wrong DPA wise.https://ico.org.uk/for-organisations/guide-to-data-protection/exemptions/

Except that he wasn't at home. It also wouldn't prejudice the criminal investigation. All the Director had to do was ring him back and say the police are looking for you, find yourself a lawyer and hand yourself in.

 

The Director didn't tell the police Montano's home address, which I believe was somewhere near the Greengates roundabout, they told the cops the address of where he was, and did so having found out that information without revealing why they were after that information.

 

Montano wasn't likely to commit another crime, nor was he likely to be a risk to public safety.

I wonder if the police even provided the club with a warrant for that information, my money is that they didn't have to.

 

FWIW wasn't Montano on Police Bail at the time- connected to his rape charge? Therefore the police already had his home address?

Edited by rudemedic
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"The police ask an employer for the home address of one of its employees as they wish to find him urgently in connection with a criminal investigation. The employee is absent from work at the time. The employer had collected the employees personal data for its HR purposes, and disclosing it for another purpose would ordinarily breach the first and second data protection principles. However, applying those principles in this case would be likely to prejudice the criminal investigation. The employer may therefore disclose its employees home address without breaching the Act."

 

While not exactly the same circumstances, I think the above confirms Barry the director did nothing wrong DPA wise.

 

https://ico.org.uk/for-organisations/guide-to-data-protection/exemptions/

Far be it for me not to criticise Barry - no, really - but I don't think there's much hear so long as they did things the right way in the dismissal.
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To terminate someone's employment, they have to commit gross misconduct. Bringing the club's name into disrepute was evident from the video and press coverage at the time. This is a criminal issue of guilt or innocence. It merely needs the club to have decided that "on the balance of probability" that Montana had brought our name into disrepute. If it turns out he was not proven guilty beyond all reasonable doubt (the legal threshold), it doesn't affect the employment decision.

 

So, doesn't matter what the police eventually decide, it was what went on at the time of the sacking and Latics acted correctly in my view, especially as I watched the game and saw the video!

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Fair enough that video might not be permissible in a court of law for regarding proof of spot fixing, but I fail to see how he can sue the club about getting sacked when he is on video admitting to trying to spot fix.

 

Would a restaurant not be able to sack an employee if they said they were pissing in the milk on video? Or do you need to forensically analyse the milk for this to happen?

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The spot-fixing saga has given me no hope in the British 'justice system'.

 

There is damming video evidence that Montano was involved in organised bunging, yet the case against all accused gets thrown out of court due to the collapse of a completely separate trial involving X-Factor's Tulisa?! Right...

 

This, backed up by the Evans case, then opens the door for Montano to paint a picture of himself as the innocent party and OAFC as a hypocritical corporate monster.

 

Time for judicial reform.

Edited by pinevillawill
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FWIW- the club may have been in breach of Data Protection by revealing where he was. Especially over the phone.

 

If he wasn't at his address on record and he wasn't at work and as he wasn't likely to commit a crime with a risk of public safety the unnamed Director (although I bet we would all guess the same person) should have advised him to hand himself in when he spoke to him.

 

That trick of finding out where he was and then telling the police is certainly "Not doing things the right way"

 

That Director is a #badgrass

 

The club has certainly left itself open for the 'double standards' claim, but they wouldn't necesserily need any consent to be given for them to give out an address to the police, particularly as the club would perhaps deem it necessary for him to be investigated.

Edited by jimsleftfoot
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The spot-fixing saga has given me no hope in the British 'justice system'.

 

There is damming video evidence that Montano was involved in organised bunging, yet the case against all accused gets thrown out of court due to the collapse of a completely separate trial involving X-Factor's Tulisa?! Right...

 

This, backed up by the Evans case, then opens the door for Montano to paint a picture of himself as the innocent party and OAFC as a hypocritical corporate monster.

 

Time for judicial reform.

Agreed. But the club made itself a very easy target for this with the embarrassing Ched Evans saga. The media wouldn't be half as interested in what Montano had to say otherwise.

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No you can't.

 

Yes, you can.

 

Would they need some sort of court order ?

 

No it is within the exemptions of the Data Protection Act. Basically the police can bypass the data protection if a crime has been committed or they believe they can prevent a crime. Basically they can do what they want. The same way they can access everyone's facebook profiles to see if they incriminate themselves regardless of their privacy settings.

 

Exemptions:

 

29Crime and taxation.

(1)Personal data processed for any of the following purposes—

(a)the prevention or detection of crime,

(B)the apprehension or prosecution of offenders, or

 

©the assessment or collection of any tax or duty or of any imposition of a similar nature,

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