John Crow Batty

Our average number of members per win is very impressive indeed.

Why is anyone surprised? The superstar discount is always factored into suspensions.

You forgot the...... oi oi, oi!

The bottom line is that this issue would have been resolved a couple of years ago with players taking Micky Mouse suspensions and ring leaders removed from the game. That would have satisfied all parties bar one. Hird takes the blame for he was not prepared to take responsibility for what he created and fall on his sword.

From John Pierek in THE AGE today. A previously unknown legal expert in Warsaw gives his take. Straight out of the Hird Propaganda team it appears. The "Un Australian" theme was always going to pop up. And the players were not educated enough. The rare overturned CAS case example brought up for soccer player Mr Da SIva had nothing to do with drugs. "An international arbitration counsel has opened up the unlikely but possible scenario where a Swiss court could strike down any adverse finding against the 34 Essendon players on public policy grounds as being an "over-reach of Australian domestic jurisdiction". James Rowland, an international arbitration counsel who lives in Warsaw, has penned an exposition suggesting players, should they be suspended after appearing before the Court of Arbitration for Sport in Lausanne, Switzerland, could have any punishment revoked. As it stands, any ruling by CAS on whether the players were administered the banned drug thymosin beta 4 is final. Rowland has written that as natural justice and procedural fairness is a public policy issue, the players' consent to the World Anti-Doping Agency's appeal against the findings of the AFL anti-doping tribunal could be relevant. The argument is based on a Swiss court determining whether more should have been done educating players about CAS before they agreed to the anti-doping process. "Because WADA has decided to exercise its 'right' to go straight to head office without the intervening step of a hearing before the AFL appeals board, the 34 players are denied an intermediate step in the appeal process. Should the CAS panel make an adverse finding, its decision on sanctions will be both first instance and final appeal," Rowland said. "Can this be right? Might there be the prospect of the ultimate irony, namely, a Swiss Court - after any adverse finding against the players - striking down WADA's appeal for being distinctly un-Australian? "Whilst it would take an unlikely chain of events for this to occur, the question leads to some philosophical 'big picture issues' about the role of the Court of Arbitration for Sport, the functions of the Swiss Federal Tribunal and the limits of player contracts." Another lawyer contacted by Fairfax Media agreed the Swiss court could have an, albeit unlikely, opportunity to "strike down" a WADA appeal against the AFL anti-doping tribunal's decision that, to its comfortable satisfaction, the 34 players were not administered a banned drug. Writing for legal website, social litigator, Rowland highlights a 2012 financial case involving Brazilian soccer player Matuzalem da Silva as an example of how a CAS decision can be overturned on appeal to the Swiss Federal Tribunal. It's understood this is the only case CAS has had annulled by the tribunal, which would only hear a case if there was "specified procedural irregularity". Rowland, who is not involved in the Essendon case, also points to comments made by Justice Clyde Croft during the Australian Sports Anti-Doping Agency's hearing in the Victorian Supreme Court last year, questioning whether an AFL contract could be upheld in a WADA case. "He noted that the terms of clause 4 of the AFL Anti-Doping Code acknowledge agreement between the AFL and ASADA, which players and support persons incorporate into the contractual framework," he said. "Justice Croft stopped short of concluding that, among what he described as the 'web of contractual provisions' binding the players, support persons, the AFLPA, clubs, the AFL and ASADA, there is a legitimate, enforceable arbitration agreement between the players and WADA. "Accordingly, it remains an open question as to whether the contract between the players and the AFL is an enforceable one. "The Court of Arbitration for Sport (CAS) has its seat in Lausanne, Switzerland. The 'seat' is a very important legal concept when it comes to arbitration. It means a panel with its seat outside Australia can make an award enforceable here under the New York Convention. The award cannot be appealed on a question of law to Australian courts. "Is it possible that an onerous sanction, if made, against 34 Essendon players who likely never thought their case would be heard in Switzerland, could violate Swiss public policy on the grounds that this is an over-reach of Australian domestic jurisdiction? Only time will tell." WADA's case before CAS a date has yet to be set will be led by prominent US anti-doping lawyer Richard Young, who played a key role in the prosecution of cyclist Lance Armstrong. Neil Clelland QC, who had represented Western Bulldog Stewart Crameri and Footscray VFL player Brent Prismall, will represent the Essendon 34. The case will be heard by ABC chairman James Spigelman, Belgium-based barrister Romano Subiotto and a third, as yet unnamed, person."

Strange Hird attacking the media for hostile propaganda. I am sure the balance of weight in regards to media propaganda has been in his favour by miles so far. Better not upset them too much or his chiseled good looks and oily tongue won't cut it any more with the scribes union.

The Essendon players are innocents. They wouldn't have known what Mitchell was talking about.

Unlike us, Essendon are not spooked by the Hawks.

Just wants to keep his media currency high so that he can continue to grind out his new public speaking career ala Jacko, Capper and Chopper. Good for nothing else.

If they were in a position to make an excuse they would be saying they are waiting for all the court matters to be finalised. Then they will think of something else.

Admitting importing or using banned substances like Charters and Dank have in the past then changing their story may save them in a court of law where proof beyond reasonable doubt is required. But on balance of probability or comfortable satisfaction they should be sunk as well as the players. Isn't comfortable satisfaction based on being more so than not so like 51% satisfied that the offence occurred? I still fail to see how the AFL tribunal got this wrong if they were fairdinkum in playing by the rules in regards to the players considering the trail of evidence.

My wife has taken advantage of two offers and received the shoes in 3 or 4 days. She was very pleased. Then again, one can go to their outlet in Smith St, Collingwood and get similar deals. I bought two pairs there recently at a great price.

Paying top dollar for Ron Zacapa. Try Santiago de Cuba Anejo or Blanco. Much better rum without the rip off price. Spend the savings on your new dear one and congratulations.

Tablets are great. I can sit outside in the sunshine. Big telly's are Ok and I have one but I save about a $1000 a year without Foxtel just to watch the footy.

More than several times the commentators were saying Johnson was going to bust out and make the game his own. Never happened.

Afl app on IPad. F&!? foxtel.

And another secret is the looking left to right like a fairground laughing clown without the laugh when a player has NFI.

The torp should be allowed but used sparingly as a surprise tactic. As for risk, I say any kick out is high risk. Always has been due to the error factor. Our predictability from kick outs has been a long standing problem though there has been vast improvement recently.

I was very pleased with Dunn's game. Best game for over a year. Stuck to Hawkins like a leech. This was back to his AA form at last. A big thumbs up to Gawn and the midfield for three weeks of continuous improvement.

Sylvia's potential was realised but in someone else.

If he shaved off his hair he will become another Samson.

There has been a pattern this year of sides that charge out of the gate early at this stage of the season. Port, GWS, Essendon and to a lesser extent Freo are not doing so well at the moment. This is going to be a stayers season.

A while back the media campaign was all about the players. This article is all about St James.

I like the line about the club failing first time coach Hird by not limiting his mistakes.

I think they will be over the draft treadmill like us. What they showed today and post Malthouse is a better barometer for their future.