A US judge has sided with the PGA Tour in the latest round of a messy lawsuit which could have ramifications for Saudi Arabia's Public Investment Fund (PIF) and Newcastle United chairman Yasir Al-Rumayyan.
The PGA Tour and the Saudi-backed LIV Golf have been in court since August after 11 pro-golfers, who were suspended from PGA events after playing in LIV tournaments, sued the PGA for allegedly using its power to 'stifle competition and punish defectors.'
Newcastle have been dragged into the mess somewhat due to Magpies chairman Al-Rumayyan being asked to testify in the case due to his role as PIF Governor. The sovereign wealth fund have insisted it would be a violation of the Foreign Sovereign Immunities Act (FSIA) to make them testify in the case. FSIA generally immunises foreign officials from having to participate in any US court dealings.
READ MORE: UK Government emails reveal Newcastle United takeover concerns and involvement with Saudis
However, US District Judge Beth Labson Freeman has denied PIF and Al-Rumayyan’s opposition motion which means they may now have to testify at depositions and share any sensitive materials relating to the case. She has also granted PGA Tour’s request to conduct depositions of PIF and Governor Al-Rumayyan in the United States rather than Saudi Arabia.
The PGA Tour have used the fact Al-Rumayyan “regularly transacts business in New York” as a basis to insist he must testify in New York, San Francisco or another mutually agreeable location in the United States.
PIF could refuse to comply with the orders by not choosing not to take part in depositions and refusing to share materials. However, Judge Freeman would likely hold PIF and Al-Rumayyan in contempt of court for defying a federal judge’s order.
Al-Rumayyan holds the Saudi rank of 'minister' and is called 'His Excellency' in Saudi Arabia and in court documents. Amnesty International, among others, were quick to call on Premier League chiefs to suddenly 're-examine' the 2021 Newcastle takeover after these court documents came to light, claiming it shows Al-Rumayyan is a part of the Saudi state.
Chronicle Live understands Newcastle United are confident no fresh action will be taken against them because the Premier League already have "legally binding assurances" surrounding separation between the Saudi state and the Public Investment Fund - something which was a major sticking point before the takeover was eventually given the green light almost two years ago.
Premier League Chief Executive Richards Masters has remained tight-lipped on the subject despite being quizzed on the matter during a DCMS evidence session last month. "I'm afraid I can't really comment on it," Masters told the committee in Westminster. "Even to the point of saying 'is the Premier League investigating it?', we can't really comment.
"Obviously we are completely aware and you're correct about the general nature of the undertakings we received at the point of takeover. But I can't really go into it at all."
Newcastle's takeover was also thrown back into the spotlight this week after an Athletic investigation appeared to show figures in the Conservative party and British Foreign Office attempted to play some role in the changing of ownership on Tyneside, contradicting previous claims by Masters and former Prime Minister Boris Johnson.
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