JUDGEMENT DAY - THE "BOMBER" 34

[Whispering_Jack 31,129]

I was entertained by our own Christopher from Camberwell who rang SEN this afternoon beseeching the Australian government's intervention into the drugs saga by repairing the damage done to the Essendon Football Club by the CAS judgement. He said it was unfair that the Cronulla players only missed three games while the Bombers will be out for a whole year. Not happy with the discrimination against the AFL.

[beelzebub 23,390]

Yes ...that's right......all the damage done to Essendon !!!

Hilarious

[La Dee-vina Comedia 17,009]

28 minutes ago, stuie said:

But they'll only get a couple of weeks right?

 

Stuie, you might be thinking of Carlisle's "snapchat" penalty. (I wonder whether he'll get to serve that concurrently now).

[Lucifers Hero 40,509]

http://www.theage.com.au/afl/afl-news/essendon-34-banned-bombers-swiss-appeal-may-taint-afl-season-20160126-gme99r.html

Well, a fine old mess this will be!

The real reason behind an injunction and an appeal is now clear!  Peter Jess:  "The full hearing, if papers are lodged, could be two or three years away. It's not a bad idea, especially for the older blokes who may only have a couple of years left and could return to their clubs soon."  Yep, lets appeal!  By the time it is heard there will hardly be any players left playing for AFL clubs.  But Jess ignores all the other players with football related careers who will lose their livelihood if the appeal fail.

An issue: What if EFC win a premiership and in a few years the appeal fails?  Jess: no problem, only the players lose the medal, EFC are still premiers.  I thought he was a player manager!  Don't know much about Jess but he isn't sounding to smart of late.

From the article:  The AFL Players Association is also considering an appeal, even through the NSW Supreme Court – as the CAS hearing was held in NSW – on behalf of the other 32 players.

The article says:  Both appeals would likely be funded fully or in part by the players' association.  This really means the AFL as the AFLPA is funded by the AFL!!  I thought EFC were funding players' legal action!  Yes, it is very easy to appeal when using other people's money!! 

The players have a right to appeal but not to have it funded by the AFL.  It will be a disgrace if the AFL uses money intended for the development of the game or other clubs for any of the 34 players. 

The AFL's silence atmo is deafening! 

 

[Willmoy1947 4,198]

6 hours ago, biggestred said:

The guy genuinely thinks he is innocent.

The club, the AFL and the AFLPA have told them the whole time that they are innocent, despite the fact that not one of them can say what the players were injected with (because the club obviously got rid of the records).

Did the Club, the AFL , Dank or all three get rid of the Records at different, or the same time?

FIFA got raided ,didn't they?

[biggestred 5,237]

This club is a bloody disgrace.

Has there ever been a bigger example of cheats trying everything to get away with it?

Talk about bringing the game into disrepute. 

As for the AFL

They are a disgrace as well - from the second they tipped off essendon they havent had the game as a whole as their best interest.

Yuk.

If it wasnt for the dees id be out

[biggestred 5,237]

22 minutes ago, willmoy said:

Did the Club, the AFL , Dank or all three get rid of the Records at different, or the same time?

FIFA got raided ,didn't they?

Well if they hadnt had a press conference 

If andy d hadnt told them

ASADA might havebeen able to raid without anyone knowing they were coming

[Willmoy1947 4,198]

8 minutes ago, biggestred said:

Well if they hadnt had a press conference 

If andy d hadnt told them

ASADA might havebeen able to raid without anyone knowing they were coming

Well seeing as that's the situation Watt's the only alternative...

[biggestred 5,237]

1 minute ago, willmoy said:

Well seeing as that's the situation Watt's the only alternative...

Nail them on the fact that wada can pretty much say they had tb4 but ess cant offer any alternatives with proof of what they took.

Which is what they did.

[Mazer Rackham 14,971]

If it makes you feel better, this appeal won't get up.

All it will do is give the players false hope. And then rub salt in their wounds.

[biggestred 5,237]

4 minutes ago, Ted Fidge said:

If it makes you feel better, this appeal won't get up.

All it will do is give the players false hope. And then rub salt in their wounds.

its not really about that. its more about the attitude.

"well if we get an injunction they will be able to play and then itll take years so theyll probably all be retired by the time its over"

ie even if they did do it the punishment will mean nothing as they will still be able to play footy

Edited January 26, 2016 by biggestred

[Mazer Rackham 14,971]

I take your point.

But if those players get on the park this season, they will be booed to kingdom come for 120 minutes solid, each week. It will blacken Essendon's name even more.

I don't think the injunction will be granted though.

[daisycutter 29,891]

i don't think you can just lodge an appeal and then a date will be set for the trial

i think you have to first lodge a case for an appeal and only then if the court decides there are grounds can an appeal be accepted

any lawyers here who can explain the process? be a waste of time waiting for the media to explain it

Edited January 26, 2016 by daisycutter

[Tony Tea 2,814]

1 hour ago, Lucifer's Hero said:

The AFL's silence atmo is deafening! 

 

No doubt they are providing the ammo (advice) for the Essendon camp to load and fire.

[Whispering_Jack 31,129]

The process with regard to appeals against decisions handed down by CAS is that an application must be made to the Swiss Federal Court. The Court will in the first instance hear whether the party lodging the appeal has valid grounds based on jurisdiction. The judgement is specifically drawn in my view to close off that possibility so whoever frames the case for an appeal will have to display a fair amount of ingenuity. I think the odds are heavily against an appeal getting past this first base.

Early in this saga, I did some reading on the subject of the applicable law in these cases and it was my understanding that by way of contract, the parties i.e WADA, the AFL, the clubs and the players accepted that the jurisdiction for such cases was based on Swiss civil law and that they had therefore specifically contracted out of the sovereign law of this country. I understand this means that a local court would not mix in at this stage of proceedings and would require the process in the Swiss Federal Court to run its course. 

In the event therefore, that grounds of appeal can be established before the SFC (and that could take several months), a date for the hearing of the actual appeal would need to be set and arguments heard. 

I think the procedure would be costly, time consuming and have little likelihood of success. I don't know whether the players would have the appetite to mount a challenge and I'd be suggesting that they take their medicine. 

[Lucifers Hero 40,509]

Thanks WJ.

Can they succeed in getting an injunction that will allow players to play while grounds for an appeal/appliction are being established?

[deanox 10,045]

On Sunday, January 24, 2016 at 9:05 AM, rjay said:

Funny thing is most people make their opinions without ever meeting the person.

I've met Shane a few times and found him a pretty likeable bloke.

I know a few people who have been acquainted with Warne over the years. Apparent he is an amazing bloke, charismatic, remembers names and personal details about you etc. It isn't surprising that women seem to be constantly attracted to him despite being an average looking bloke. 

 

How he behaves when it comes to ethics may be another story (i.e. smoking, suspension for drugs, chasing women). 

Edited January 26, 2016 by deanox

[Whispering_Jack 31,129]

16 minutes ago, Lucifer's Hero said:

Thanks WJ.

Can they succeed in getting an injunction that will allow players to play while grounds for an appeal/appliction are being established?

Only if they can establish to the SFC that they have grounds for appeal and that Court also agrees that an injunction is the appropriate relief in the circumstances.

It's been suggested elsewhere that the players could apply to the NSW Supreme Court for an injunction to enable the players to play in the interim. This is based on the fact that CAS heard the case in Sydney but my reading is that irrespective of where the case was heard, the parties have accepted the Swiss jurisdiction and therefore the NSW Supreme Court would be loathe to make a determination. There might be exceptional circumstances that could change this but I really can't think of any that would apply given the nature of the CAS hearing, the way the decision was reached and expressed in the judgement and in the composition of the court.

[beelzebub 23,390]

Essendon ...still tilting at windmills.

Their legal beagles are at odds with any real understanding of CAS workings etc.

You'd think they'd have learnt something by now. 

[Whispering_Jack 31,129]

I'm not up with all the developments with the players and the clubs Bub but I believe that the main driver behind the appeal/injunction talk is the Bulldogs' President Peter Gordon who is a practising lawyer. If I was in his position I wouldn't be saying anything at the moment and would be relying on independent advice to the board on the issues relating to an appeal. 

Not sure where Essendon is on this but they have a difficult decision to make because there's a danger some of the 12 players can become alienated and walk away from the club if they dintbplatbthid the right way.

[beelzebub 23,390]

I hope Essendon and the dogs keep wasting money lol

[daisycutter 29,891]

6 minutes ago, Whispering_Jack said:

I'm not up with all the developments with the players and the clubs Bub but I believe that the main driver behind the appeal/injunction talk is the Bulldogs' President Peter Gordon who is a practising lawyer. If I was in his position I wouldn't be saying anything at the moment and would be relying on independent advice to the board on the issues relating to an appeal. 

Not sure where Essendon is on this but they have a difficult decision to make because there's a danger some of the 12 players can become alienated and walk away from the club if they dintbplatbthid the right way.

i haven't had a decent dintbplatbthid in years, jack

[Willmoy1947 4,198]

2 hours ago, Whispering_Jack said:

I'm not up with all the developments with the players and the clubs Bub but I believe that the main driver behind the appeal/injunction talk is the Bulldogs' President Peter Gordon who is a practising lawyer. If I was in his position I wouldn't be saying anything at the moment and would be relying on independent advice to the board on the issues relating to an appeal. 

Not sure where Essendon is on this but they have a difficult decision to make because there's a danger some of the 12 players can become alienated and walk away from the club if they dintbplatbthid the right way.

Anything stopping them ( any of the suspended players) walking away to another club(restraint of trade) before the start of this season?

[Whispering_Jack 31,129]

8 hours ago, daisycutter said:

i haven't had a decent dintbplatbthid in years, jack

Autocorrect: if they don't play it the right way. ?

[Whispering_Jack 31,129]

6 hours ago, willmoy said:

Anything stopping them ( any of the suspended players) walking away to another club(restraint of trade) before the start of this season?

I read an opinion somewhere that players in contract would have a right to walk away on the basis of the club's breach of their contract. Some contracts have been renewed since the saga commenced so query that.

Players out of contact can walk.