Legal expert reveals how EFL could punish Southampton over ‘spygate’ as fresh precedent emerges

A legal expert has explained how the EFL could punish Southampton if they found guilty of any offence over the ongoing 'spygate' saga.

Middlesbrough raised a complaint to the EFL after they alleged to have spotted a Southampton staff member filming their training session before the Championship play-off semi-final first leg between the two sides last Friday.

The Saints would ultimately go on to win the tie 2-1 on aggregate after securing victory by the same scoreline in the second leg on Tuesday night.

Boro manager Kim Hellberg was left emotional during his post-match press conference, calling the situation 'disgraceful'.

He said: "It breaks my heart in terms of all those things I believe in. That's the thing.

"I don't care if there are other rules in different countries. This is England, where football is the biggest thing. I think it's disgraceful. It makes me very sad."

Southampton boss Tonda Eckert, meanwhile, walked out of his press conference after a journalist asked him if the Saints had 'cheated'.

The Daily Mail reported on Wednesday that the alleged staff member is a first-team analyst who is believed to be close to Eckert, and he was pictured at Boro's training ground filming their session on his phone.

The staff member is said to have fled the scene after being confronted by Middlesbrough staff, and entered the nearby Rockhill Golf Course building - which is owned by Boro owner Steve Gibson.

Gibson is said to have enlisted leading sports law barrister Nick De Marco to assist with the case, and it is said that the club are pushing for Southampton to receive sporting sanctions.

According to reports, manager Hellberg has given his players two days (Wednesday and Thursday) off following the semi-final, with the squad then returning to training in case Southampton are excluded from the play-offs.

The EFL are investigating the matter and no individual has been found guilty of any wrongdoing or rule breach at this stage.

Should a guilty verdict be reached, there have been question marks over the exact nature of the punishment that Southampton could receive.

SPORTbible spoke exclusively to Fraser MacKinven, who is a partner at UK law firm Burness Paull, where he heads the sports and entertainment practice, to gain more insight into the situation.

Questions by Luke Davies

Q: What are the possible sanctions - legal, financial and sporting - that could realistically happen to Southampton if guilty?

"If the charge is proven, the Independent Disciplinary Commission tasked with considering the charge could impose a sporting sanction (e.g.: a points deduction) rather than just a financial sanction (e.g.: a fine).

"However, even if a points deduction is imposed, it might not benefit Middlesbrough's campaign as it could potentially be applied next season so wouldn't affect Southampton's current play-off campaign (and Southampton could also appeal any sanction to the EFL board)."

"If the charge is proven but the sanction imposed on Southampton doesn't result in a satisfactory outcome for Middlesbrough, this could embolden Middlesbrough to take legal action against Southampton.

"We saw this back in 2023, when various clubs threatened to sue Everton for lost revenue after they were found to have breached the PSR rules."

This does not constitute legal advice.