Island barrister Larry Scott has told The Royal Gazette he believes last month's Bermuda Football Association presidential election was unconstitutional and is open to challenge.

And Scott also suggested that the scenario which saw Neville Tyrrell voted in for a second four-year term left open suspicions that the constitution had been intentionally bypassed.

The comments of the former UBP senator add momentum to the campaign among some affiliates to challenge the election result. And those pushing to take that challenge further will meet tonight to discuss their plan of action.

Faxed copies of Scott's comments were sent out to both Tyrrell and the defeated challenger Mark Trott yesterday.

Tyrrell said it would be inappropriate for him to comment on Scott's remarks ahead of tonight's meeting of affiliates.

And Trott reacted by saying that maybe his defeat at the ballot had been a blessing in disguise as victory could have made him an unconstitutionally elected president.

After studying the association's constitution, Scott said it was clear the rules had not been followed at the July 24 AGM, when Tyrrell triumphed by the narrowest possible margin.

Tyrrell owed his victory to the casting vote of presiding officer Eugene Blakeney after the ballot of the 22 affiliates, plus first vice-president Aldwyn Savery and treasurer Delroy O'Brien, had ended in a 12-12 tie.

But by Scott's interpretation of the BFA constitution, Blakeney should not have been presiding officer. That job, said the lawyer, should have gone to the leading member of the executive still in office on the night -- Savery.

"If Mr. Blakeney was going to sit as presiding officer, in order to validate it, they should have said to the full membership that was present, `right, listen, this is what we are going to do here, we are going to have an honorary life president in the chair, is everyone on agreement with that?''' said Scott.

"`And he won't be able to vote, he won't be able to speak, but if there is a tie in the vote, he will be able to break the tie by casting. Do we agree? Fine, let's go forward.' But nobody did that, it would appear, and that messes up the whole thing.

"There is a certain amount of dissatisfaction, justifiably, I suspect. It's almost as though somebody might have worked it that way, intentionally.

"And it certainly leaves open suspicion that that could have been the case.

But then it could well have been genuine. But it's best in public or private organistaions like this one to put everything on the table, because affiliates don't sit down to read constitutions every day, they're out playing cricket or football.

"So it's the executives who are responsible for ensuring that the rules of the constitution are complied with. That's why they are elected and chosen -- to administer according to the constitution. So it would appear that the constitution hasn't been followed to the letter.

"When the letter is spelled out clearly, there's no ambiguity, the letter is clear as to what should happen.

"The constitution is crystal clear at what procedure should be followed at this kind of meeting -- that the president, the two vice-presidents, the 22 affiliates and the treasurer could vote at that meeting.

"In the absence of a president to preside over that meeting -- remember the presidency had become vacant -- the vice-president becomes the person who should preside over the meeting and it is that person who then conducts the AGM.

"Nowhere does it say that an honorary president, an honorary vice-president or an honorary life vice-president can sit and preside over a meeting. It's very, very clear. And if they did, it was not following the constitution.'' Standing order 1 (b) of the BFA constitution appears to back up Scott's case.

It states: "It shall be the duty of the vice-presidents to assist the president, and in the absence of the president, in order of seniority, preside at any meeting.'' That paragraph suggests that Savery should have been the presiding officer at the AGM and thereby unable to vote, which in turn would have reduced the total ballot to 23 votes.

Trott's supporters believe that Savery voted for Tyrrell in the secret ballot and so without the vote of the first vice-president, they believe the challenger would have won 12-11.

Scott added: "If they had wanted to relax the rules for the purposes of this AGM, it would have made more sense to say `we've got a little difficulty here, we'd like one of the honorary presidents to sit in the chair at this meeting and he's just going to preside. If there's a tie in the vote we would want him to be able to break the tie and that's the only time he would be able to vote.

Is everyone in agreement?' Then nobody could turn around and say `that wasn't supposed to happen'.'' Scott drew on his previous experience of sporting arguments when asked whether he believed the BFA dispute could go to litigation.

"When I represented Southampton Rangers in the Western Counties debacle last season, the principle of law I argued on behalf of Rangers was that private workmen's clubs that have a constitution should be allowed to use that constitution to govern themselves -- and they should not have resort to the court as far as possible. And the BFA is a private members' organisation. It would be like taking a church to court. This is a civil matter, not a criminal matter.

"Of course, if you can't get a resolution, you go to court, but in the first instance, the organisation should be allowed to resolve its difficulty by its own rules.'' "What I would suggest they do is get all the affiliates back together and say `how are we going to resolve this?' It may require another meeting to hold another election, or the affiliates and the executive may resolve that `we've made a mistake, but we'll allow the result to stand'.

"The BFA constitution is very detailed and covered this situation to the letter. But there is no provision in the constitution to resolve a dispute, as far as I can see, so they may have to go to court.'' Tyrrell said: "I think it would be a bit out of order for me to comment in advance of a meeting I understand is happening tomorrow night (tonight) among the clubs. I would not want to pre-empt that.'' Trott said: "If these comments are correct, then it's a good thing I was not elected to the office of president in the first place. Maybe it was a blessing in disguise.

"If I had been elected unconstitutionally, I would hope the affiliates would have challenged the election on behalf of Mr. Tyrrell.'' Larry Scott: `It would appear the constitution hasn't been followed to the letter'.

Neville Tyrrell (above) narrowly defeated Mark Trott (below) for the post of BFA president at the recent AGM, but the validity of that election is now being questioned.