The Auckland Stars are taking legal advice over the decision to exclude them from this season's National Basketball League and the club has not ruled out seeking an injunction to delay the start of the competition.
Stars owner Tab Baldwin accused the NBL board of failing to follow due process in reaching the decision to suspend the club's licence until 2011.
Baldwin also rebutted a claim from NBL chairman Sam Rossiter-Stead that the Stars had been suspended because the club was insolvent.
"I am almost laughing about that," Baldwin said yesterday.
"There are so many teams in this league that either have been in the past or are in a worse position than the Stars have ever been.
"I really want to know why we have been suspended because solvency is incorrect.
"I have money in the Stars' account to cover any outstanding debts. I have my personal finances, we have dedicated sponsors.
"We are in a very similar position in terms of funding applications to many of the other teams in the league."
Baldwin, who was sacked by his struggling Turkish club yesterday, said he believed there was a hidden agenda behind the Stars' suspension. He launched a scathing attack on Rossiter-Stead, whom he accused of acting beyond his powers.
"Sam is not a basketball person. He is not a person that is steeped in the sport in New Zealand. He is not a New Zealander. I don't think that he has a history in the game that, in my opinion, would allow him this sort of arbitrary power.
"I don't think any teams are safe. It really comes down to what the chairman of the board feels like doing. And for some reason we have drawn the wrath of the chairman of the board."
Rossiter-Stead, the Wellington Rugby Union marketing manager who has headed the NBL board since it was created as a separate entity from Basketball New Zealand, with the aim of strengthening the league's governance, denied he had any personal agenda.
"It is a matter of providing effective governance and ensuring the sustainability of the National Basketball League,"Rossiter-Stead said.
The NBL board, which contained a lawyer, an accountant and two experienced basketball administrators, had made a unanimous decision to suspend the Stars.
"I can confirm that due process has been followed throughout since we were made aware of this issue."
The NBL began an investigation into the Stars after the Herald's revelation the club had failed to declare debts to former player Dillon Boucher and former coach Kenny Stone in their participation agreement.
Baldwin said that had merely been an excuse to target the Stars, although he declined to say what the real reason was.
"I don't want to say right now. I want this thing to play out a little bit."
Whether the Stars would seek an injunction would depend on legal advice, Baldwin said.
"If we were to force an injunction it would very, very bad for the league and bad for the new sponsor.
"But we have a business to protect and we don't believe we are in any way in the wrong.
"We want to get some advice as to where we stand legally and then we take the next step [an injunction] if that's the right move. If not, then we have to accept the decision and we then work towards 2011."
Coming on the same day as the announcement of a three-year naming rights sponsorship for the league with Bartercard, the timing of the suspension of one the league's founding members appeared less than ideal.
Rossiter-Stead, however, insisted the league was in a strong position following the signing of a deal valued in excess of $500,000.
There was no chance the Stars would be reinstated.
The decision effectively leaves Auckland's 6500 basketball players without representation in the national league.
Rossiter-Stead expected the Stars to return to the league next year but there is also a chance Auckland Basketball will seek to enter its own team.
If that happens, yesterday's decision could prove the end for one of the league's most decorated clubs.
STARS NOT SHINING
October: The Herald reveals star forward Dillon Boucher and coach Kenny Stone are owed significant sums in unpaid wages from last season. Stars general manager Steve Done denies that is the case.
February 6: Stone breaks his silence, confirming he is owed money. The NBL board confirms the debts have not been lodged as required in the Stars' participation agreement. Boucher confirms he is quitting the club and joining North Harbour. Stone's 15-year association with the club also ends.
February 16: Stars owner Tab Baldwin confirms the club has supplied financial documentation to the league, which is investigating the club. The club has also come to an arrangement to pay Boucher $5000 but disputes the debt to Stone.
February 17: The NBL announces the Stars have been suspended for the 2010 season because of solvency issues. Baldwin dispute that the club is insolvent and the Stars threaten legal action to regain their place in the league.
Basketball: Baldwin furious over NBL's 'hidden agenda'
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