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Posted (edited)

The WADA code has a few ways people can reduce their sanction. Here are some of the relevant parts of the WADA code that make this issue even more interesting;

10.2 Ineligibility for Presence, Use or Attempted Use, or Possession of Prohibited Substances and Prohibited Methods

The period of Ineligibility imposed for a violation of Article 2.1 (Presence of Prohibited Substance or its Metabolites or Markers), Article 2.2 (Use or Attempted Use of Prohibited Substance or Prohibited Method) or Article 2.6 (Possession of Prohibited Substances and Prohibited Methods) shall be as follows, unless the conditions for eliminating or reducing the period of Ineligibility, as provided in Articles 10.4 and 10.5, or the conditions for increasing the period of Ineligibility, as provided in Article 10.6,are met:

First violation: Two (2) years Ineligibility

[Comment to Article 10.2: Harmonization of sanctions has been one of the most discussed and debated areas of anti-doping. Harmonization means that the same rules and criteria are applied to assess the unique facts of each case. Arguments against requiring harmonization of sanctions are based on differences between sports including, for example, the following: in some sports the Athletes are professionals making a sizable income from the sport and in others the Athletes are true amateurs; in those sports where an Athlete's career is short (e.g., artistic gymnastics) a two-year Disqualification has a much more significant effect on the Athlete than in sports where careers are traditionally much longer (e.g., equestrian and shooting); in Individual Sports, the Athlete is better able to maintain competitive skills through solitary practice during Disqualification than in other sports where practice as part of a team is more important. A primary argument in favor of harmonization is that it is simply not right that two Athletes from the same country who test positive for the same Prohibited Substance under similar circumstances should receive different sanctions only because they participate in different sports.In addition, flexibility in sanctioning has often been viewed as an unacceptable opportunity for some sporting organizations to be more lenient with dopers. The lack of harmonization of sanctions has also frequently been the source of jurisdictional conflicts between International Federations and National Anti-Doping Organizations.]

10.4 Elimination or Reduction of the Period of Ineligibility for Specified Substances under Specific Circumstances

Where an Athlete or other Person can establish how a Specified Substance entered his or her body or came into his or her Possession and that such Specified Substance was not intended to enhance the Athlete’s sport performance or mask the Use of a performance-enhancing substance, the period of Ineligibility found in Article 10.2 shall be replaced with the following:

First violation: At a minimum, a reprimand and no period of Ineligibility from future Events, and at a maximum, two (2) years of Ineligibility. To justify any elimination or reduction, the Athlete or other Person must produce corroborating evidence in addition to his or her word which establishes to the comfortable satisfaction of the hearing panel the absence of an intent to enhance sport performance or mask the Use of a performance-enhancing substance. The Athlete’s or other Person’s degree of fault shall be the criterion considered in assessing any reduction of the period of Ineligibility

10.5.4 Admission of an Anti-Doping Rule Violation in the Absence of Other Evidence

Where an Athlete or other Person voluntarily admits the commission of an anti-doping rule violation before having received notice of a Sample collection which could establish an anti-doping rule violation (or, in the case of an anti-doping rule violation other than Article 2.1, before receiving first notice of the admitted violation pursuant to Article 7) and that admission is the only reliable evidence of the violation at the time of admission, then the period of Ineligibility may be reduced, but not below one-half of the period of Ineligibility otherwise applicable.

10.5.4 above cast a different light on Jobe's Admission but if ASADA have the signed forms then it may not reduce as his admission may not be the only reliable evidence anyway. Another aspect is that on ASADA website it has a list of people who have been sanctioned for a an Anti Doping Rule Violation (ADRV) http://www.asada.gov.au/rules_and_violations/sanctions.html the sanction is always ineligibility to play or compete in competition. As a side note check out the name 8th on the sanction list I wonder if they are related.

The more I read about this the more you realise how bad it could get for Essendon oh well "it happens" I just hope we don't have any issues with any of our players and an ADRV in the future. Because of course then I would be calling for leniency :lol:

Edited by FerdDaDee

Posted

The only case I am aware of where someone was excused having a performance enhancing drug put into their system was when it was administered while the patient was unconscious in surgery.

  • Like 1

Posted

There is a clear difference between a player in a football club being told to take something, and being told that something was OK to be taken, and various bodies, potentially including the important one (ASADA) saying it's OK, compared to an individual athlete doing something completely of his or her own accord.

It might not amount to anything, but it's a clear difference, and some people believe that this difference is critical to the liability/guilt of the Essendon players.

Posted

Very strange article by Jake Niall in the Aged today.

Is he another Essendrug Supporter??

Very strange angle.

It was all about nothing really, just a fluffy opinion ( hoping ) piece

Posted

Very strange article by Jake Niall in the Aged today.

Is he another Essendrug Supporter??

Very strange angle.

"The players are more like soldiers following a chain of command." - Defence echoed in Nuremberg much?

"Some of this stuff is like the debate about climate change. It's highly technical and complex" - I thought it was just invisible stuff?

"AOD-9604 (which sounds like a planet from the Alien franchise)." - Last time I laughed that hard I fell off my dinosaur.

Got to be the most awkward, confusing and meaningless rubblish to come out of the Age churnalism camp in a while.


Posted

No doubt, AD will argue that he was doing nothing more than his job but any attempt to influence the outcome of a serious investigation into the use and abuse of prohibited substances raises question marks about the AFL's integrity.

At least we understand now why the AFL was silent when Jobe Watson made his admission on On the Couch.

Posted (edited)

I thought at the time Jab Watson didn't say that by accident or frustration, there had to be a reason. And there you go...

The Eagles crowd were right to boo him and I am sure the booing was as much about his admission to being a cheat as it was about the fact he was allowed to continue to play.

I had also wondered why the players and families were not rioting down there but this was obviously designed to get them to follow the party line to have their sentences reduced hence the united front. It is a disgrace what this club has presided over for their players and they should be strongly condemned.

Edited by s-t-i-n-g-a
Posted

Dear WADA

To whom it may concern,

Please come and sort these Aussie clowns out as they are giving you guys a bad name

regards

Posted

Classic the AFL trying to declare Bar lees ? or wait wait I wasn't ready or I didn't know that rule! If the AFL tried to do that it would be the laughing stock of the world sporting organisations. WADA will only intervene if it feels ASADA is not enforcing the code in the correct manner. WADA's has the power to sanction countries with the IOC, which could mean that Australia can lose the right to host Olympic games.

The AFL can't manage this situation or negotiate a settlement it needs to enforce the rules it has committed to as that is the only way to maintain its integrity both Nationally and Internationally.

Did I hear correct? You said "maintain".

Did I hear correct? You said "integrity".

Posted

I've always wondered why Essendon was so smug and assured about the ability of their players to beat the rap.

Leaked ASADA file reveals favourable AFL treatment

If this is true, its consequences on the future of Australia in the world sporting community could be dire.

I think you might be jumping the gun on this 'Jack'. It looks like it was part of the deal to get the Essendon club, players and officials to be fully involved in the investigation. It doesn't exonerate them from guilt or the consequences of guilt, they may (may) be looked at in a better light for assisting the inquiry but nothing is guaranteed.

The NRL have themselves to blame by "going the biff" with ASADA and making things difficult. Only time will tell whether the AFL, NRL or neither approach is the right one.

Posted (edited)

I cant believe other than the AFL will have sought to sweetdeal this. AD cant afford a non Essendon 2014/15 so will have always wanted to facilitate some form of tolerant and watered down answer.
Have to think this was always initiated with some form of backdoor escape inbuilt.

WADA need to remain as overseers to ensure all parties keep to the path.

(spelling )

Edited by belzebub59
  • Like 1

Posted

I cant believe other than the AFL will have sought to sweetdeal this. AD cant afford a non Essendon 2014/15 so will have always wanted to facilitate some form of tolerant and watered down answer.

Have to think this was always initiated with some form of backdoor escape inbuilt.

WADA need to remain as overseers to ensure all parties keep to the path.

(spelling )

I have been telling you and others that for months bb.

I am very confident the players are going to get off lightly.

There will be a couple of big scalps in the FD. and perhaps a big fine and or loss of points

Posted

I have been telling you and others that for months bb.

I am very confident the players are going to get off lightly.

There will be a couple of big scalps in the FD. and perhaps a big fine and or loss of points

seeking and GETTING...Two different things.

ASADA work under the umbrella of its International franchise owner.

Should the AFL want to take this push and shove down its own path I can only imagine every other sporting org in this country will cry foul and seek to have WADA force ASADA to toe the line and enforce the predetermined penalties. If they dont it will make a total mockery of not only its governance but its jurisdiction.

Essendon, indeed the AFL are about to discover where they sit in the world and thats as minnows

Posted

seeking and GETTING...Two different things.

ASADA work under the umbrella of its International franchise owner.

Should the AFL want to take this push and shove down its own path I can only imagine every other sporting org in this country will cry foul and seek to have WADA force ASADA to toe the line and enforce the predetermined penalties. If they dont it will make a total mockery of not only its governance but its jurisdiction.

Essendon, indeed the AFL are about to discover where they sit in the world and thats as minnows

The AFL could tell Wada to get stuffed, the AFL is an Aussie only affair bb

The players do not move over seas like soccer or rugby players.

So what if AFL players are banned from playing OS!

Now I am confident it won't happen but they could if push came to shove.


Posted

The AFL could tell Wada to get stuffed, the AFL is an Aussie only affair bb

The players do not move over seas like soccer or rugby players.

So what if AFL players are banned from playing OS!

Now I am confident it won't happen but they could if push came to shove.

WADA impacts far wider than the AFL OD. No man is an island stuff etc.

There are obligations to be upheld. The AFL operate ( willingly ) under the guidelines as espoused by the WADA, as administered locally by ASADA. ASADA as a Gov dept cant operate outside the law. The AFL has contractually agreed to the conditions etc as outlines by WADA. Theres no just walking away and declaring " my bat, my ball"

Posted

The AFL could tell Wada to get stuffed, the AFL is an Aussie only affair bb

The players do not move over seas like soccer or rugby players.

So what if AFL players are banned from playing OS!

Now I am confident it won't happen but they could if push came to shove.

The trouble is if they do this then AFL will no longer be seen as a legitimate sport and this is the problem with the NRL approach. The game would be seen as a haven for drug users and be more in line with professional wrestling and open body building competitions.

There is no indication that the AFL would go down this path as to date they have been very cooperative.

Posted

WADA impacts far wider than the AFL OD. No man is an island stuff etc.

There are obligations to be upheld. The AFL operate ( willingly ) under the guidelines as espoused by the WADA, as administered locally by ASADA. ASADA as a Gov dept cant operate outside the law. The AFL has contractually agreed to the conditions etc as outlines by WADA. Theres no just walking away and declaring " my bat, my ball"

Of course there is bb

If the AFL chose to thumb their nose at Wada, ASADA and the Fed Gov what could they do?

Say unpleasant thing about them.

It wont come to that but IMO there will be a deal struck!

Posted

they would do so at their peril OD

Posted

I've always wondered why Essendon was so smug and assured about the ability of their players to beat the rap.

Leaked ASADA file reveals favourable AFL treatment

If this is true, its consequences on the future of Australia in the world sporting community could be dire.

Several thing s could flow from this. For a start though this is staggering that ASADA would commit to such a thing in writing without having completed its investigation.

1. Demetriou is a goner. Head in the sand on every issue from tanking to tribunal to drugs in sport. GWS is a joke. Has to be gone

2. IF Ess players get off this would be a joke on the world stage. WADA could surely not approve this.

3. If the Ess players get off then the team and coaching staff have to be punished. ie Stripped of points, coaches banned and Ess fined massively for bringing the game into disrepute

4. How can Ess compete in finals?

5. The processes at the club are the thing that will haunt them for years to come. Tried to sail close to the sun and got burned. Check Greek mythology to see how simple this argument is.

6. The legal problems from players suing the club will also become a massive issue. 'hey you are lab rats, try this drug'

It is a time bomb

  • Like 1
Posted

I really hope AFL fans en masse boycott anything Essendrug in the future if these buggers get off lightly. It is obvious that the AFL are now totally corrupted by the smell of $$$ rather than any integrity, even though Vlad uses that word so often!!

If Easendon get off then Drugs of all sorts will remain in our game.

Vlad has been a shocker in this job at $2mill a year.

Posted

It's a pity this didn't all happen in the 15th century so Shakespeare could have written a play about it. Or maybe he did. Macbeth seems to have all the requisite players including witches making a vat of prohibited substances. James Hird would be Macbeth having 'murdered' Matthew Knights. I wonder who Lady Macbeth might be. Mark Thompson? David Evans?

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