The Province from Vancouver, British Columbia, Canada • 38

B2 The Province Wednesday, February 26, 1992 Quinn: 'We messed up here' By Tony Gallagher Sports Reporter Edited transcript of Soviets' attorney Bill Faminoff cross-examining Vancouver Canucks' witness Mark Malkovich: Faminoff: Are you under legal threat to be Edited transcripts of Vancouver attorney Randy Witt-chen, representing the Soviets, cross-examining Pat Quinn on circumstances of club missing agreed-upon transfer payments to Soviets for Igor Larionov. tions for the Russians. "He called me and said the letter threatened him with full legal consequences," said Dacyshyn from Hamilton. "He was quite a performer in Sweden. Three hours of the most bizarre testimony you'll ever hear." The threats probably had little effect on Malkovich, who says he was unwilling to play an adversarial role against his former clients.

But the Canucks' promise of the $2,500, the same money he claims to be paid when he lectures, certainly brought him around. "I first objected to coming for reasons that I stated," says Malkovich in testimony. "These (Krutov, Igor Larionov, Slava Fetisov) are friends and I didn't want to be in any adversarial position The Canucks statement of costs indicates the club paid him a total of $23,800 including his travel costs to appear, albeit somewhat in vain. First the stick, then the carrot. That was the approach the Vancouver Canucks used to get their star witness to appear at the Vladimir Krutov transfer fee arbitration case in Stockholm last month.

According to transcripts made from tapes of the proceedings, the Canucks first threatened Rhode Island agent Mark Mal-kovich, then agreed to pay him $2,500 US per day plus expenses for appearing in Sweden. In the cross-examination of Malkovich by the Soviets' lawyer Bill Faminoff, the American agent for Krutov in 1989 admits he received a threatening letter from Canucks director of hockey operations Brian Burke. "I received a very strong letter from Burke saying if I didn't come said Malkovich, who later called it just a "veiled here? Malkovich: I wouldn't say so, I received a very strong letter from Burke, saying if I didn't come Faminoff: I suggest to you the letter in question was sent to you by the Vancouver Canucks, which essentially threatens you unless you participate in these proceedings. Isn't that correct? Malkovich: I felt that it was only a veiled threat A veiled threat is hardly a threat. threat" and then tried to characterize it as a threat to have him fetched by subpoena, a power which the arbitrator did not have.

While Malkovich did not produce the letter, he claims to have discussed it by phone with Roman Dacyshyn, the Canadian who handled the original contract negotia- Wittchen: Are you aware that there were problems with the November (1991 payment with Larionov? Quinn: No. Wittchen: Were you aware of a newspaper article that appeared in Vancouver Province December 31 Quinn: Now that you mention it, Burke did make it known to me. And apparently Faminoff, through a local reporter, indicated that there was a problem with the payment. Wittchen (introducing Province story as evidence): This is a report from Mr. (Tony) Gallagher of The Province dated December 31 1991 Are you aware that one of your officials of your organization on January 1 1 992 gave an interview to another reporter (Vancouver Sun reporter Elliott Pap) that in fact this was untrue, all payments were up to date on Larionov? Quinn: It was our assumption that we were on time; I don't do the accounting, I don't stay on top of each cheque that goes out.

Wittchen: This direction to your bank, I notice your name appears here but not yoursignature. Can you identify the signatures that are on here? Copy of letter dated Jan. 2, 1992 from Canucks instructing their bank to make transfer payments for Igor Larionov. VANCOUVER CANUCKS lOO North Renfrew Streel Vancouver. British Columbia V5K 3N7 Telephone (6Q4) 254-5141 MemDef Of National Hockey league t-ocs.

January 2, 1992 Mr. Randy Bonner Toronto Dominion Bank P.O. Box 10001 700 West Georgia Street Vancouver, B. c. V7Y 1A2 FAXED The g.m, who came in cold Canucks president Pat Quinn was on foreign ground when he went to Moscow to negotiate deals for Igor Larionov and Vladimir Krutov in more ways than one.

Burke: Do you normally negotiate player contracts on behalf of the Vancouver Hockey Club Limited? Quinn: No I do not. I have someone that has been hired to do that for me. Burke: Which player contracts have you negotiated in four and a half years since you became president and general manager of the Vancouver Hockey Club Limited. Quinnrl wouldn'tcall itmuchof a negotiation but the only I have done two, Mr. Larionovand Mr.

Krutov. Burke: There are 50 players on the reserve list for the Vancouver Canucks? Quinn: Each year we have 50 contracts. Not every year do you renegotiate these new contracts, but we have 50 professional contracts. Burke: Also, you have fully stocked a minor league team in Milwaukee? Quinn: That is correct. That is part of the 50.

Burke: Out of all of those contracts in all five years, you have negotiated two player contracts? Quinn: I have not done a player Dear Randy. Bl TRANSFES CPU. TO VORfinW Would you please transfer $206,250 to Sovintersport. Moscow as soon as possible and debit our Canadian General Account 3SSSB' including charees: Quinn: One is (director of finance) Carlos AAascarenhas and the other is Burke. Wittchen: In fact on Dec.

31 1 991 the Vancouver Canucks were in arrears is that correct? Quinn: Yes. Wittchen: I will suggest to you that the only reason this payment was made is because it was very embarrassing at this hearing. Quinn: I disagree with that. We have messed up on payment in June (1990) and we messed up here the fact that you have suggested we weren't going to be paying our debt is offensive. Wittchen: This is for the amount of $206,250.

What does that represent? Quinn: A lot of money. Wittchen: Do you know what schedule of payments that represents? Quinn: I assume the final ones according to the schedule. Wittchen: If you look at the transfer fee agreement there are certain schedule fees, and the schedule of fees are July 10, 1991, Nov. 10, 1991, Jan. 10, 1992 and March 10, 1992.

Quinn: November was missed. What does Gallagher or Faminoff sav? Wittchen: The information that we had is that two payments, the July (1 990) and November payments, have been missed, were late, hadn't been made on time. But interestingly enough this (the Canucks' fee transfer) seems to be for more than is due and owing Does that not suggest that this was a pre-payment of the March 1992 payment? Quinn: It appears likely. Wittchen: I will suggest to you that the only reason these payments were made was in response to that newspaper article and to rehabilitate what had gone on with Larionov whom you admitted has played fine. You haven't had a problem.

fashion, is that correct? Quinn: To my knowledge, yes. I was made aware of this story bv Gallagher, I believe I was in Los Angeles at the time it came out. Wittchen: Did not an official of your organization on January 1, 1992 state to reporter Elliott Pap of the Vancouver Sun that everything was up to date and it (the Gallagher story) was untrue? Were you aware of that? Quinn: No Since I have been on the road as a coach, I very seldom get to see a lot of these sorts of things and any responses that are made in the papers in Vancouver often are missed Wittchen: Additionally you indicated that it was your evidence that Krutov is no longer playing. Quinn: That is what I have heard. I really don't know the status of Krutov at this time.

Wittchen: May I suggest to you that probably came from another story by Elliott Pap in which he was quoting Larionov saying Krutov had been cut by the Swiss team. Quinn: You can suggest that but I don't know Wittchen: In fact I will suggest to you that a retraction to that was printed by Pap where he indicated that Krutov was still playing Switzerland, are you aware of that? Quinn: No. vo Sovintersport eo Bank for Foreign Economic Affaire Kopywrsky Lan 35 Moscow Rc: Igor Larionov due Nov. 10, Jan. 10 Mar.

10, 1992 Yours sincerely VANCOUVER HOCKEY CLUB LTD. Carlos Mascarenhas B. Patrick Quinn President. General Manager and Head Coach Vice President and Director of Finance and Administration contract other than those two. Burke: Thank you Mr.

Quinn. lv-i nt Brian P. Burke Vice President and Director of Hockey Operations CMxJts Brian Burke, in a Jan. 1 interview with the Vancouver Sun: "We're completely current on Igor's contract." (On Jan. 2, Burke co-signed authorization of three Larionov transfer payments.).