Karen Murphy, the Portsmouth licensee at the centre of the foreign satellite football row, has lodged an appeal in the High Court.
Murphy, host of the Red, White & Blue, had her conviction for showing foreign satellite Premiership football upheld last month at Portsmouth Crown Court, but has appealed the decision again. It will be the first time a foreign satellite football case has been heard in the High Court.
The MA understands that Murphy hopes to argue that the broadcasts she shows in her pub do not originate from the UK.
Murphy was acquitted once last year on the basis that she did not act dishonestly, she then continued to show games and was prosecuted again.
She was found guilty the second time and had that conviction upheld on appeal - resulting in fines and costs of around £12,000.
The Premier League has welcomed the move. FA Premier League spokesman Dan Johnson said: "We are pleased. Should the Murphy appeal go to the High Court we will welcome the opportunity to reaffirm definitively, and once and for all, the fact that using foreign satellites to screen live Premier League games in the UK is illegal."
Murphy's appeal could give respite to other licensees who have court cases pending as there is authority in law for lower courts to wait until the High Court decision has been reached. This is because the outcome of her appeal could have a bearing on how the lower courts proceed.
just say no
Morning Advertiser legal expert Peter Coulson has warned licensees not to invest in foreign satellite systems despite the High Court appeal being lodged.
He believes that the foreign satellite suppliers will use the time between now and the case coming to court, possibly around eight months, to sell as many systems as possible.
"It is a very clever postponement as it will give the suppliers an opportunity to carry on selling as they will argue no further prosecutions can be heard until the High Court decision.
"I would advise any licensee buying equipment to get it on sale or return. I believe they will find themselves left with useless equipment."