Soccer NewsThe Arsenal vice-chairman, David Dein, was yesterday called as a surprise witness for the Premier League at the Ashley Cole hearing. Dein gave evidence at the disciplinary tribunal considering charges against Chelsea and their manager, Jose Mourinho, over an alleged illegal approach for Cole.

"I was a witness called by the Premier League for the inquiry," said Dein, who gave a written submission to the league before the charges were brought. The Arsenal player was also charged under Premier League rule K5, which prevents contracted players or their representatives from making approaches to other clubs.

An element of Cole's defence has been to challenge rule K5 as a restraint of trade. The Premier League, for whom Dein gave evidence, is staunchly defending the rule, and has the support of Arsenal's manager, Arsene Wenger.

"What (Cole's lawyers) are arguing is completely illegitimate because they forget that the man on the street is not limited to the length of his contract," said Wenger this week.

"When someone in a normal job signs for a company he doesn't say he'll stay for two years or one year. It is accepted he can stay for 20 years or six months. When you sign a contract that is limited to two or three years it is morally completely different."

Cole's solicitor, Graham Shear, disputed the Arsenal manager's interpretation: "Mr Wenger is entitled to express his opinion, however misguided it may be; I am afraid in this case I believe it to be misguided."

Deciding who is right is down to the chairman of the independent tribunal, the former lord justice of appeal Philip Otton. It emerged last night he has the power to rule on the legitimacy of rule K5 as much as on the culpability of the defendants.

"It is up to Sir Philip Otton to weigh up the validity of the rule and whether the rule should stand," said a source.

However, even if Otton finds in Cole's favour and considers rule K5 to be disproportionate, Chelsea, Mourinho and Cole could still be found guilty of having broken the regulations as they stood.

Cole spent five hours at yesterday's hearing and is due for another gruelling day today. "He is an interested party and he will come again (today)," said Otton.

That news is unlikely to please Wenger, since he intends for Cole to feature in his FA Cup final line-up against Manchester United on Saturday.

The hearing was also disruptive to Chelsea's plans, with the chief executive, Peter Kenyon, unable to leave until 4.20pm, five hours before his flight to Korea for Chelsea's end-of-season visit.

Mourinho spent 3½ hours at the commission, having arrived shortly before 10am and leaving at 1.30pm. Chelsea's chairman, Bruce Buck, and his legal team were the last to leave, shortly after 5.30pm.

The hearing has already interfered with Wenger's FA Cup final preparations, but the Frenchman is understood to have made an appearance in support of Cole.

Wenger's support was considered important enough for him to break off preparations for the final to testify at the hearing even though he was not compelled to do so.

Talks over a new contract for Cole have stalled since the affair began, but Wenger is hoping that his show of support will persuade the 24-year-old to resume negotiations.

Wenger had asked the Premier League to delay announcing the verdict until after Saturday's showdown clash with United at the Millennium Stadium in Cardiff, but that now seems distinctly unlikely.

If Chelsea are found guilty after the two-day inquiry they are extremely unlikely to be docked points. It is understood that any punishment will be in the form of a hefty fine.

Wenger will delay a decision on whether to risk Jose Antonio Reyes against United on Saturday until the last possible moment as the Spanish forward recovers from a thigh injury which kept him out of the defeat at Birmingham last weekend.

Despite that 2-1 reverse, when Dennis Bergkamp and Robin van Persie led the Arsenal attack, Cole firmly believes the Gunners are the form team of the two finalists.

"Both teams are going to want to win something and not go empty-handed over the whole season, but I think we have got the upper-hand with the way that we are playing," the England full back declared. We are playing really well and the lads are confident."

Arsenal's only other defeat from their final 14 FA Premiership matches came against United on February 1st, when they went down 4-2 at Highbury.