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THE BOMBERS' SWISS ADVENTURE

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20 minutes ago, Chris said:

This whole thing about 2010 vs 2015 seems misguided. The only cahnge i can find gives the players the right to appeal to CAS which they previously didn't have, there is no change as per what WADA could and couldn't do that i could find. Maybe i am missing something or it is all a red herring.

Are we to believe that in the many previous cases before CAS, affecting many athletes with everything to lose, and all the money (and therefore lawyers) at their disposal, no-one has thought of this line of attack before?

I can't see it flying on that basis alone.

(Or maybe Aussie lawyers are just that awesome, just like Aussie athletes are awesomely non-cheating.)

 
5 minutes ago, Ted Fidge said:

Are we to believe that in the many previous cases before CAS, affecting many athletes with everything to lose, and all the money (and therefore lawyers) at their disposal, no-one has thought of this line of attack before?

I can't see it flying on that basis alone.

(Or maybe Aussie lawyers are just that awesome, just like Aussie athletes are awesomely non-cheating.)

It is the cahnges to the AFL code they are referring to not the WADA code, although one may reflect the other, i haven't bothered looking

1 hour ago, Lucifer's Hero said:

I'm wonder about this.  In the extremely unlikely event the appeal is upheld it would mean a CAS rehearing could not consider it de novo.  This would throw into doubt the calling of witnesses and possibly require the panel to stick to the AFL Tribunal case of 'links in the chain'.  Even if the latter wasn't a requirement in the new hearing the players would strongly object to the 'threads in the rope' approach...something they failed to do last time, with fatal consequences for the player's case.

WADA would be in a really tough spot to make their case under those circumstances.

I'm with beezlebub...if there is an 'appeal' it won't get as far as the Swiss Federal Court. 

but whether it is "threads in the rope" or "links in the chain" it is nothing to do with new evidence

it is just a method of argument with respect to "reasonable satisfaction" being met and should be unhindered

 
55 minutes ago, Chris said:

This whole thing about 2010 vs 2015 seems misguided. The only cahnge i can find gives the players the right to appeal to CAS which they previously didn't have, there is no change as per what WADA could and couldn't do that i could find. Maybe i am missing something or it is all a red herring.

surely you are not suggesting that people are raising red herrings in this saga? :o

33 minutes ago, daisycutter said:

surely you are not suggesting that people are raising red herrings in this saga? :o

This whole episode, once finally done and dusted, could form the basis of a opera called "The Saga of the Red Herring" (which sounds like it really should be a Norse saga...) :lol::)


50 minutes ago, daisycutter said:

but whether it is "threads in the rope" or "links in the chain" it is nothing to do with new evidence

it is just a method of argument with respect to "reasonable satisfaction" being met and should be unhindered

You are correct.

I'm surprised through this whole appeal discussions in the media, that no ones mentioned the conflict of interest and the self promotion of ones own business by Gordon, its been disgraceful.

 

Some good points/questions here.

But ... all academic I would imagine. It won't even get to (Swiss) court, yet get up.


1 hour ago, biggestred said:

I wish that when someone posted a link to the Sun, that they also posted the best bits here, as some of us will never pay to read that cheating scum biased rag.

10 hours ago, beelzebub said:

I don't think these so called professionals actually have a real understanding of what it's about.

Maybe they are going with Vibe,Mabo.. as I'm certain there's nothing else that has merit.

Horse bolted....

 

Most these days just try to find loopholes.

I'm guessing it's no difference in this instance BB.

7 hours ago, faultydet said:

I wish that when someone posted a link to the Sun, that they also posted the best bits here, as some of us will never pay to read that cheating scum biased rag.

I dont pay for it either...

You just whack the headline into google and read away.

The groundwork is being laid to defer AFL decision on Jobe's Brownlow:  http://www.theroar.com.au/2016/02/08/afl-delays-decision-on-watsons-brownlow/ The article says if Jobe joins in the proposed appeal the AFL will delay the decision.  No surprise, I guess the AFL has little choice there.

It would be very telling if Jobe does not join in an appeal! 

14 hours ago, faultydet said:

I wish that when someone posted a link to the Sun, that they also posted the best bits here, as some of us will never pay to read that cheating scum biased rag.

She says things like this:

"Arguments about CAS supposedly “tampering” with evidence are so laughably asinine, they belong in booze-filled bars and online fan forums. But they are being quietly propagated among some footy officials, and on radio by commentators.

 

"Absurd, too, is the suggestion the CAS verdict has been torn apart by legal experts. Presumably, the same geniuses, who were hopelessly wrong in predicting that players were unlikely to receive infraction notices, in advising them to join the failed Federal Court action, and in opining that they were safe from bans at CAS, are now claiming a Swiss Federal Tribunal appeal is a sound idea."

And this:

"It’s likely that those signing up for the last-ditch appeal aren’t aware of the fate of tennis player Guillermo Canas. The former world No. 8 was successful in having his CAS finding annulled in the Swiss Federal Tribunal, but after the case was reheard at CAS, he was given the same penalty."

And also refers to Ings' point about the need for de novo hearings being essential because otherwise a sports body could simply tank on a prosecution and WADA would be stuffed on appealing.

 

 


Love me some Rita.

Isn't it amazing to read what an actual journalist will write about the AFL when they have no AFL media accreditation at stake?

1 hour ago, SaberFang said:

Love me some Rita.

Isn't it amazing to read what an actual journalist will write about the AFL when they have no AFL media accreditation at stake?

This a very big item in the coverage by Sports writers and it also raises its head when stories negative to the AFL management need to be raised.

 


52 minutes ago, Bombay Airconditioning said:

Delay on Brownlow decision....

I heard Gil is trying to find  Judds grandmother for a consultation on the matter

18 minutes ago, beelzebub said:

I heard Gil is trying to find  Judds grandmother for a consultation on the matter

It will never happen but I'd love for a club/s to boycott the Brownlow this year. 

The people I actually feel for are Essendon supporter

This never ending drama must be incredibly exhausting. We only had to deal with the tanking disgrace for a short period, and that was hard enough. 

Essendon just need to let this go. They [censored] up, cop it on the chin and move on. 
The AFL should have put an end to this by now. If they appeal and drag the AFL's name through the mud again, the AFL should say they are not going to get a first round draft pick this year. Watch how quickly they all drop this appeal nonsense. 

 
1 minute ago, Jaded said:

The people I actually feel for are Essendon supporter

This never ending drama must be incredibly exhausting. We only had to deal with the tanking disgrace for a short period, and that was hard enough. 

Essendon just need to let this go. They [censored] up, cop it on the chin and move on. 
The AFL should have put an end to this by now. If they appeal and drag the AFL's name through the mud again, the AFL should say they are not going to get a first round draft pick this year. Watch how quickly they all drop this appeal nonsense. 

I feel that behind the scenes the AFL via the Union has been telling the players firstly that they would not get a suspension and is now urging them to appeal.

The AFL should be actively discouraging the players but when you have a CEO who says he feels the players were innocent and feels for them.

Then it is obvious that the players will keep on keeping on as they believe that the AFL thinks they are in the right.

11 minutes ago, Jaded said:

The people I actually feel for are Essendon supporter

This never ending drama must be incredibly exhausting. We only had to deal with the tanking disgrace for a short period, and that was hard enough. 

Essendon just need to let this go. They [censored] up, cop it on the chin and move on. 
The AFL should have put an end to this by now. If they appeal and drag the AFL's name through the mud again, the AFL should say they are not going to get a first round draft pick this year. Watch how quickly they all drop this appeal nonsense. 

A lot of Essendon supporters Ive run into including my eldest ( lol ) are all deniaisits !!  Havent met ONE yet that says..we need to cop it sweet etc


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