Investigatory Chamber FIFA Ethics Committee VIA EMAIL Mr Harold Mayne-Nicholls Email: [email protected] Zurich, 1 December 2014 Ref. no. 140662 jra (please quote in all correspondence) Mr Harold Mayne-Nicholls Dear Mr Mayne-Nicholls, We refer to the matter in question and acknowledge receipt of your correspondence, from 24 November 2014, by means of which you have provided us with your reply to the questions sent to you in the context of the present proceedings. For the sake of clarity, please find enclosed the formatted version of your answers provided; in case of any discrepancy with the original please inform us accordingly. In this respect, after having reviewed the answers provided in your last correspondence may we please ask you to respond, by 8 December 2014 at the latest, the supplementary questions hereby enclosed. In this sense, please provide us, via courier to the address below, with a signed copy of your answer and your previous answer. As previously mentioned, and bearing in mind the content of our previous correspondences, we kindly request you to reply, to the best of your knowledge and keeping in mind that parties are required to act in good faith throughout such proceedings and to collaborate in establishing the facts of the case (see art. 41 of the FCE). Failure to do so may result in the imposition of disciplinary measures (see arts. 41 par. 4 and 66 par. 4 of the FCE). We thank you for your kind attention to the above. Yours sincerely, FIFA Cornel Borbely/jra Deputy Chairman, Investigatory Chamber FIFA Ethics Committee Encl. as mentioned. Fédération Internationale de Football Association FIFA-Strasse 20 P.O. Box 8044 Zurich Switzerland T: +41 (0)43 222 7777 F: +41 (0)43 222 7878 www.FIFA.com Investigatory Chamber FIFA Ethics Committee I. SUPLIMENTARY QUESTIONS: 1. In the context of the Bid Evaluation process, certain clarification questions were posed to the Bidding Associations. Specifically the Qatar Bid team was asked “How does the bidder intend to coordinate its development programmes with the FIFA technical and management development programmes?”1. The reply submitted by the Qatar bidding team reiterated the participation of ASPIRE within the plans, of the Qatar Bid, for football development. The involvement of ASPIRE was described in the following manner: “[w]ith ASPIRE Academy at the forefront of these initiatives” “ASPIRE has been closely coord[i]nating its existing programs with QFA and AFC.”2 Please provide us your position in this respect. 2. According to the file in our possession the bid inspection team visited the Aspire Sports Academy, on the Second day (15 September 2010)3. The person serving as guide during the visit was Mr A. Bleicher4. In this respect, you actively asked him to play football in the facilities and ultimately played on the same evening. Please provide us your position in this respect. 3. From the answers provided, it has been noticed that you affirmed: “I read all the bid books and all the relevant information they sent.” (cf. answer to question 14) “Yes, I did several questions during the visit. I was really impressed by the sports Academy, but as it was not part of the bid, we did not include any information about it in the report.” (cf. answer to question 17) “In the Bid Book, Mr. Bleicher appears as Director of Aspire Academy. He was never mentioned as part of the bid. I asked him if he was working for the bid, and he clearly said no.” (cf. answer to question 18) 1 Encl. 1: Tab 2, file 23. FWC00002144 2 Encl. 1: Tab 2, file 23. FWC00002144 3 Encl. 2: 25.FWC00159578-80 4 Encl. 3: Extract from interview with Mr Andreas Bleicher. File: 25b. FWC00184162-163 2 Investigatory Chamber FIFA Ethics Committee In this respect, we take note that you indicated having read all bid books, having contributed – to a certain degree – in the drafting of the Bid Evaluation Reports and being aware that Mr Bleicher was “Director of Aspire Academy”. However, you also indicate that “he was never mentioned as part of the bid”. In the Qatar Bid Book – which, at the time, was in your possession – several references5 to ASPIRE are made in the context of the Qatar Bid. Therefore, how could you explain that despite having read the Qatar Bid Book you allege not being aware that Mr Bleicher – acting as Executive Director of ASPIRE Academy for Sports Excellence – was connected to the Qatar Bid team? 4. From the answers provided, it has been noticed that you affirmed: “I did not write personally the general information of each bid. But I checked and corrected each one of the drafts. I wrote, with Juerguen Muller from FIFA Competitions Department, all the conclusions and the executive summary.” (cf. answer to question 12) As per the Bid Evaluation Report6, amongst the observations resulting from the evaluation it was indicated that: “The bid mentions the following development activities: […] grassroots and talent scouting programmes in Thailand and Nigeria as part of the ASPIRE Academy for Sports Excellence” (cf. pag. 10); and, “the Bidder is already collaborating with a number of partners including the national government, the Q.F.A, the Qatar Women’s Sports Committee, ASPIRE” […](cf. pag. 11). Therefore, how could you explain that despite having collaborated in the drafting of the Bid Evaluation Reports you allege not being aware that Mr Bleicher – acting as Executive Director of ASPIRE Academy for Sports Excellence – was connected to the Qatar Bid team? 5. From the answers provided, it has been noticed that you affirmed: [With regard to Mr A. Bleicher] “When I asked him if Aspire and himself were part of the bidding process he said they were not involved and that Aspire had no personal advisor for the bid.”(cf. answer to question 16.d) In view of the above, please provide us with any documentary proof at your availability – currently or at the time – to sustain the statements in reference (i.e. (a) that Mr A. Bleicher was 5 Encl. 4 : Amongst the various references made please note: 1.Executive Summary; 2.Introduction to host Cities; 3. History; 4. The Qatar 2022 Vision; 5. Interview with Sheikh Hamad bin Khalifa bin Ahmad Al-Thani; 6. Development; 7. Football Development - Thailand; 8. Football Development – Nigeria; 9. Local development; 10. Environmental Protection; 11.World Class Stadiums. Find attached copies of the above. 6 Encl. 5: 2022 FIFA World Cup TM Bid Evaluation Report: Qatar (pages 11-14) 3 Investigatory Chamber FIFA Ethics Committee not part of the bidding process in any degree; and, (b) that Mr A. Bleicher actually made that statement) 6. In this respect, please note that from the interview held with Mr A. Bleicher, in the context of the preliminary investigation to the 2018/2022 FIFA World Cup bidding process, he indicated that “Beginning of 2009 I get also consultant of, of Qatar for bid”7. Plus he also affirmed having been linked with the Qatar Bid Team since the early beginning of the project8. Please provide us your position in this respect. 7. From the answers provided, it has been noticed that you affirmed: “Please note that on September 20, 2014, I did not write any message to Mr Bleicher. Nevertheless in my capacity as President of the FA of Chile it was my duty to look out for contacts for the benefit of football in Chile. One of these contacts was Mr Bleicher, all under the circumstances and premises as described above.” (cf. answer to question 25) In this respect, please accept our errata and kindly reply to the corrected answer as it should have been presented in our previous correspondence: 25. Moreover, later on (20 September 2010) you wrote, inter alia, the message below. Please provide us with your position in this respect. “a) Invitation in April. As I have a Club General Assembly next Friday, I would like to announce it. Is possible? b) Exchange We have six clubs (Arica, Iquique, Antofagasta -my home town-, Calama, Salvador and Ciopiapo) in the desert zone of the country. I was wondering if you can receive 6 boys (one from each club) from January to April -for us is the best part of the year, as they are on holiday all January, February and half March- as an exchange activity. We can send two U15, 2 U16 and 2 U17. If you agree it can be part of a general agreement between Aspire and our Federation. Please let me know.”9 7 Encl. 6: Extract from interview with Mr Andreas Bleicher. File: FWC00184056 8 Encl. 7: Extract from interview with Mr Andreas Bleicher. File: FWC00184089-91 9 Encl. 8: 39. FWC00137278-79. 4 Investigatory Chamber FIFA Ethics Committee Please provide us with your position in this respect. 8. For the sake of clarity, could you please confirm if you have access to any of the email accounts used at the time while acting as Head of the FIFA inspection team for the FIFA World Cup Bids 2018/2022. In said case, please indicate which ones. In case of not having access to the relevant email accounts, please provide us with the accounts used and the dates as from which you stopped having access to said accounts. 9. Please provide any additional information you believe we should be aware of in connection with this investigation or any other information you deemed should be considered. 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