Bombers scandal: charged, <redacted> and <infracted>

[beelzebub 23,376]

http://m.foxsports.com.au/afl/afl-premiership/asada-flags-new-show-cause-october-deadline-for-34-former-and-current-essendon-players/story-e6frf3e3-1227069503270

Lawyers have advised the club that they have strong grounds to convince the Full Federal Court that ASADA's joint investigation with the AFL was unlawful.

Hahaha geeez

As I understand it an appeal wouldnt be about the evidence but the way the judgement came to be. Correct RED ??

As such Middleton has it all wrapped up nicely with bows !!!! These Lawyers are giving Sharks a bad name !!!!

[Red and Bluebeard 2,084]

As I understand it an appeal wouldnt be about the evidence but the way the judgement came to be. Correct RED ??

As such Middleton has it all wrapped up nicely with bows !!!! These Lawyers are giving Sharks a bad name !!!!

I am no legal expert, but they seem to be giving idiots a bad name too ...

[Whispering_Jack 30,140]

As I understand it, ASADA is going to wait on Essendon and Hird's decisions as to whether to appeal to the Full Court of the Federal Court before re-issuing the show cause notices (final date for lodging the appeal is 10 October). Then, when the show cause notices are issued, ASADA will give the players some detail of the case against them having also indicated that it would consider discussing deals with players and their representatives should they want to come forward and talk.

It all sounds like ASADA is being nice and civilised about things but it's also a very clever pressure tactic.

I mentioned this months ago and it's now coming to pass that after this whole mess has derailed two seasons for the EFC, it is now going to play havoc with its recruiting process. The Bombers lost their first two picks in last year's draft as a result of the August 2013 governance sanctions and this year have only an end of round one pick (received through some clever negotiating) in the first two rounds. I would imagine that there is going to be a fair amount of resistance to being drafted to a club with its recent history and perhaps a questionable immediate future as well.

Then there's the question of trading and ascribing a value right in the middle of the trade period to players with uncertain futures because of the unknown nature and duration of potential sanctions for drug cheating (or if you like, for being duped into having unknown chemical substances injected into their bodies).

The Bombers and their players already under substantial pressure both internal and external hardly need this on top of everything else they're up against.

Meanwhile, I can imagine the golden boy swanning around without a care in the world earning $1m and picking up post graduate qualifications while no doubt sipping away an exotic red wine from the Napa Valley at a cafe in the shade of the Golden Gate Bridge feeling much like the Emperor Nero as Rome burned around him.

[old dee 23,791]

Except it is burning down in Northern Melbourne a long way from his lovely spot.

I will be over there in early October I will keep an eye out.

[Red and Bluebeard 2,084]

Except it is burning down in Northern Melbourne a long way from his lovely spot.

I will be over there in early October I will keep an eye out.

If you had a hubris detector, you could probably have a one-mile warning ...

[ManDee 7,148]

I like this drawn out process in this lead up to the trading period. Who would want to go to the EFC? If the rats are any indication the ship is in trouble.

EFC should be trading out players for anything they can get.

Edit: spelling!

Edited September 25, 2014 by ManDee

[ManDee 7,148]

If you had a hubris detector, you could probably have a one-mile warning ...

I am 200km away and I can smell it.

[Whispering_Jack 30,140]

Stephen Dank loses doping defamation appeal

It would appear that problems with bad paperwork follow the Dankster around like a bad smell.

But Danks paperwork contained several factual errors and was found to be in such a mess that in December Justice Lucy McCallum dismissed several parts of his defamation action.

The present pleading of the first matter complained of remains in embarrassing form and must be struck out, she wrote in her judgment.

[daisycutter 29,616]

Stephen Dank loses doping defamation appeal

It would appear that problems with bad paperwork follow the Dankster around like a bad smell.

and...."It is understood Dank’s claims against the Nine Network will proceed."

[Whispering_Jack 30,140]

and...."It is understood Dank’s claims against the Nine Network will proceed."

Without doubt because any organisation that can produce something as foul and deplorable as The Footy Show deserves to be sued by the Dankster.

[demoniac 1,333]

There must be good Essendon people congressing to overthrow to oust Little and get the numbers on the board and sack Hird and Reid.

[monoccular 17,430]

http://m.foxsports.com.au/afl/afl-premiership/asada-flags-new-show-cause-october-deadline-for-34-former-and-current-essendon-players/story-e6frf3e3-1227069503270

Lawyers have advised the club that they have strong grounds to convince the Full Federal Court that ASADA's joint investigation with the AFL was unlawful.

Hahaha geeez

The same lawyers that ran the case?

They sound a bit like dung beetles.

Dung beetle

Dung beetles are beetles that feed partly or exclusively on dungs or feces. They possess exceptional dung disposal capacity and one dung beetle can bury dung that is 250 times heavier than itself in one night. Wikipedia

[Chook 15,013]

Without doubt because any organisation that can produce something as foul and deplorable as The Footy Show deserves to be sued by the Dankster.

Please. I've watched porno slightly more depraved than the Footy Show.

[Whispering_Jack 30,140]

Essendon players facing doping charges expected to head to AFL Tribunal to beat notices

When the show cause notices were issued back in June, I believed that the players should have grabbed the six month sanctions then on offer. The case would have been done and dusted and there would have been certainty in the lives of the players and clarity in the direction their club could take going forward.

I believe that there still will be deals once the players are shown the evidence but, after what's happened in recent months I can see that if the truth is to ever come out, the best chance would be for the cases to go before a Tribunal. Apart from the personal issues involving the athletes and their careers, there is also the reputation of Australian sport on the world stage and the fate of the regime of effectively dealing with doping around the world at stake.

[John Crow Batty 8,863]

Without doubt because any organisation that can produce something as foul and deplorable as The Footy Show deserves to be sued by the Dankster.

And Dank should win his case and for settlement he gets a job as a TFS panel member. He has no other job prospects or means of support evident and has the required skills to fit into their philosophy. This will be a the ideal environment to forge a new career. And pigs do live in pig styes.

Edited September 25, 2014 by america de cali

[binman 42,972]

Essendon players facing doping charges expected to head to AFL Tribunal to beat notices

The players are desperate to get it over and done with - so much so, according to the article by Grant Baker, have eschewed the idea of going to 'the AAT and Federal Court route — where players can test whether there is sufficient evidence for a possible anti-doping rule breach to have occurred — has been ruled out.'which will 'expedite matters by a year or more.'

Well lets see how sincere EFC and in particular James Hird is about this being all about the players and their best interests. As Baker points out:

'A decision by Hird or Essendon to appeal Justice Middleton’s ruling that ASADA’s joint probe with the AFL into the club was lawful would delay any hearing of the players’ cases.'

#moneywherethemouthistime

[ManDee 7,148]

Please. I've watched porno slightly more depraved than the Footy Show.

I haven't seen that one.

[beelzebub 23,376]

At what point do men emerge from shadows and tap the shoulders of Little and Hird and whisper ( ne shout ) "It's time to stop, It's time to go; go now !! "

[ManDee 7,148]

At what point do men emerge from shadows and tap the shoulders of Little and Hird and whisper ( ne shout ) "It's time to stop, It's time to go; go now !! "

Beeb, the problem with Hird and Little is that they are getting the taps but being dyslexic they think they are pats.

[beelzebub 23,376]

Beeb, the problem with Hird and Little is that they are getting the taps but being dyslexic they think they are pats.

they must be deaf also then !!

[Whispering_Jack 30,140]

The debate continues even on grand final day. This article contains some advice for the 34 players who will shortly receive re-issued show cause notices from ASADA ~

No need for Essendon players caught up in doping inquiry to kowtow to ASADA

Here's what the relevant code says about burdens and standards of proof ~

"6.1.1 ASADA or [iF] shall have the burden of establishing that an Anti-Doping Rule Violation has occurred. The standard of proof shall be whether ASADA or [iF] has established an Anti-Doping Rule Violation to the comfortable satisfaction of the hearing body bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability but less than proof beyond a reasonable doubt. Where this policy places the burden of proof upon the Athlete or other Person alleged to have committed an Anti-Doping Rule Violation to rebut a presumption or establish specified facts."

I'd like to see the facts tested in an AFL Tribunal which would undoubtedly require assistance from legal counsel on how it should deal with the evidence but I still feel that some players will make deals.

Meanwhile over at Crikey, former Yuendumu resident Bob Gosford tells Why Essendon and Hird must appeal. My reading of the article is that it's "nonsense on stilts. He draws some analogies but doesn't produce a single valid or plausible legal argument against Middleton J's rulings.

[Lucifers Hero 39,811]

The article seems to say that there may be 34 tribunal hearings: '...this means each player can insist on separate hearings, determined by tribunals comprised of people who have not considered the same evidence in other cases. Each player may want to challenge evidence differently...'

If that is the case it will take years for 34 matters to go thru hearings and potentially appeals! Hopefully common sense prevails, altho based on the saga so far, I for one am not confident! I wonder how long Essendon can fund 34 lots of legal cases before bankrupting themselves! Must say I enjoy watching them being 'thrown out of court!

[sue 9,106]

The article seems to say that there may be 34 tribunal hearings: '...this means each player can insist on separate hearings, determined by tribunals comprised of people who have not considered the same evidence in other cases. Each player may want to challenge evidence differently...'

If that is the case it will take years for 34 matters to go thru hearings and potentially appeals! Hopefully common sense prevails, altho based on the saga so far, I for one am not confident! I wonder how long Essendon can fund 34 lots of legal cases before bankrupting themselves! Must say I enjoy watching them being 'thrown out of court!

If that was to happen, the AFL would look extremely silly. They might take the recourse of prosecuting a few players successfully and then hitting the club with more penalties.

[beelzebub 23,376]

Mr Kane appears quite un-Able to grasp a certain simplicity about all of this but then thats probably not the agenda; quasi sensationalism might be. Kowtow ? Really. Whos being asked to do such. SCNs ask the recipient to clarify their innocence or cop to the charge. Upin recieving the inevitable the 34 concerned will have a clearer understanding of whst transpired as obviously the club itself hasn't seen fit to do so.

Kowtow ? Again they aren't being brow beaten into submission they will effectively be charged with being foul of the Code to which THEY must adhere to, at all times.

The wise would upon the presentation of the facts as they are might seek counsel as to how best to progress.

Kowtow ? No. Personal damage control, yes.

In many ways the players have been purposely kept in the dark. Some may have preferred it even.

A day of reckoning beckons, hardly kowtowing though.

[Jesse Christ 2,884]

Hypothetical- what happens if the Drugs players receive the evidence against them, and upon actual confirmation of what they were given all decide they want out, and decide to sue the club? Could they survive that?