Embattled T&T Football Association (TTFA) president William Wallace and his United TTFA executive team's decision to withdraw their controversial case against FIFA is yet to be officially recognised.
Guardian Media Sports understands that while the group's legal team filed a notice of the application to withdraw the case, just before FIFA's revised ultimatum of 3 pm (TT Time), on Wednesday afternoon, it would not be actually withdrawn until the application is dealt with by Justice Carol Gobin, who is presiding over the case.
The application can either be dealt with in the absence of the parties with the decision being subsequently sent by Gobin or can be dealt with on October 9, when she was expected to referee the trial of the case.
The trial date could also be brought forward in order to resolve the issue.
In an affidavit attached to the application, which was obtained by Guardian Media Sports, Wallace sought to explain his and his team's decision to grudgingly withdraw their case.
"To ask this court for permission to withdraw this claim on the day before Republic Day (September 24), and in so doing tacitly accepting that football in T&T continues to be at the whims and fancy of the Defendant, who is bullying and coercing the TTFA into bending its knee, makes me feel physically sick," Wallace said.
"It is one of the hardest things I have ever had to do," he added.
Wallace, the former president of the Secondary School Football League (SSFL) suggested that their decision was based on feedback from TTFA stakeholders, which was solicited after he and his team noted strange developments in the sport regionally.
He said on Monday he was informed that FIFA regional affiliate CONCACAF had scheduled the draw for its 2021 Gold Cup for this weekend.
"I can say that this is unusual because the Gold Cup (held every two years) is not until July 2021 and normally the draw usually happens approximately two months before the tournament," Wallace said.
He admitted that it was this that led him and his team to call the meeting on Tuesday as a possible suspension would mean no chance of participation in the tournament.
In a separate but related press release issued yesterday, the executive expressed similar sentiments and noted that 21 stakeholders voted for them to withdraw the action, while eight voted for it to continue. Three abstained.
In his court filings, Wallace, a former national team manager, claimed that despite the vote many members agreed that FIFA was acting in bad faith by seeking to compel them to withdraw under the threat of the association and by extension, the country, being suspended and other sanctions.
"My firm view is that they are acting out of fear and not in the long-term best interests of the TTFA," he said.
He also suggested that FIFA's action may be also related to a recent investigative piece by Guardian Media investigative journalist Mark Bassant on the construction of the TTFA's Home of Football, which was largely funded by FIFA during his predecessor David John-Williams' tenure.
"There was significant evidence coming out of that piece, and subsequent pieces that the Defendant was complicit in these acts, which only serves to confirm my initial view, and that of my Executive, that the Normalisation Committee was purportedly appointed by the Defendant because I had promised to footballing community and by extension Trinidad and Tobago, to excuse and root out corruption and instil transparency and accountability in at the Claimant," he said.
Through the lawsuit, Wallace and his three vice presidents — Clynt Taylor, Joseph Sam Phillips, and Susan Joseph-Warrick were seeking a declaration that the decision to remove them on March 17, and replace them with a committee comprising of businessman Robert Hadad, attorney Judy Daniel, and retired banker Nigel Romano was null, void, and of no legal or binding effect.
They were also seeking a permanent injunction barring FIFA from meddling in the TTFA's affairs by allegedly seeking to circumvent the democratic process by removing duly elected executive members.
Wallace and his team initially brought proceedings against FIFA in the Court for Arbitration for Sport (CAS) in April but were forced to withdraw in May as they could not pay the 40,000 Swiss francs (TT$276,000) in associated costs.
Their position was partly due to FIFA's policy to not pay its share of the fees and CAS's rules, which require the other party to pay the full costs when the other fails in its obligations.
After the case was filed, FIFA applied for it to be struck out as it claimed that the TTFA by virtue of its membership with FIFA agreed to forgo all legal action in local courts in favour of proceedings before the CAS.
The application was initially blanked by Gobin, who ruled that the local courts were the appropriate forum to resolve the dispute.
FIFA appealed with a hearing set for October 21.
While the appeal was still pending, Gobin set the date for the trial of the case for October 9 and gave FIFA an extension to file its defence. FIFA failed to meet the deadline as it maintained its position that it did not accept the jurisdiction of the court in the matter.
Wallace and his team also obtained an injunction against the normalisation committee after it attempted to facilitate an extraordinary meeting among members to vote to withdraw the case.
The injunction, which will remain in place until discharged by Gobin, was not opposed by FIFA and was granted.
Wallace and his colleagues are being represented by Dr Emir Crowne, Matthew Gayle, Crystal Paul, and Jason Jones, while Christopher Hamel-Smith, Jonathan Walker and Cherie Gopie are appearing for FIFA.