Wick development fund cash 'should go first and foremost to football club'
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WICK Academy FC should get the £140,000 in a bank account belonging to a local charity which was set up to benefit the football club.
That is the view of Academy supporter Dan Mackay, who is delighted that the Court of Session in Edinburgh – Scotland's top civil court – is being petitioned to appoint a judicial factor to manage the affairs of the Wick Academy Development Fund (WADF).
The move comes after an investigation by the Office of the Scottish Charity Regulator (OSCR) following concerns raised by John Mowatt, the vice-chairman of the fund. Mr Mowatt is unhappy that more than £140,000 has been lying in a bank account for nearly 12 years and feels the money should be used to help local sports, leisure and recreational organisations in accordance with the fund's constitution.
Although Mr Mackay applauds what Mr Mowatt has done, he says the money should go "first and foremost" to Academy as it was raised through the sale of lottery tickets to help develop the football club. They were sold from the time the fund was set up until April 2009.
"It should do what it says on the tin. The money belongs to Wick Academy Football Club and no-one else," Mr Mackay said.
He acknowledged that WADF wrote Wick Academy out of its constitution after the two bodies went their separate ways but claims the fund's constitution is "a complete red herring".
He says there is "a moral and ethical" duty to ensure the money goes to the club. Mr Mackay has no objection to some of the cash going to help other local groups in need, but feels that would be a decision for the football club.
He is keen to launch on online petition once the judicial factor is appointed by the Court of Session.
"When that happens fans can get an opportunity to tell the judicial factor how strongly they feel about this," Mr Mackay said. "It is their money and the petition will give them a chance to let him or her know their grievances and how important an issue this is to them. It is a gross injustice and they need to get the money back.
"I have no doubt Wick Academy will be generous, but it would be up to them what they do with the money."
Colin Stewart, a former Wick Academy FC chairman, wants the money to be used to benefit sports, leisure and recreational bodies in Wick and surrounding area, as outlined in the fund's constitution. He said: "Dan Mackay is entitled to his opinion, as everyone else is, but we await the due legal process to be completed by OSCR."
He pointed there will be a cost involved if a judicial factor is appointed by the court and says it will be met from the proceeds of the fund.
"We would hope any fee would be kept to a minimum,"said Mr Stewart, who pointed out that the legal representative will "operate in line with the [WADF] constitution and its purposes."
As reported last week, OSCR found that the fund, which was registered as a charity in 2002, is not acting in "a manner consistent with its stated aims". It wants a judicial factor to manage the fund's affairs.
