Sam Mitchell missed the 'let's all move on' memo.

[Lance Uppercut]

Don't agree

Wtf. Ok then. Not agreeing with self-evident facts is pretty nuts, it's like denying the world is round, but whatever floats your boat

 

[Cronos]

Love for one of them to get in front of someone who actually knows to about the facts and watch how fast they get shut down. It's easy to do when you don't have to answer for your actions.

But it's all banter and I'm not too fussed. I am sure there's been a mass of jibes about it for the last 3 years, only just caught on TV this time.

Clearly Mitchell doing it toward a player was the furthest you could get from going in front of someone who actually knows about the facts, eh?

 

[HirdsTheWord]

Just curious about who this mysterious person that knows the facts could be?

probably the 3 judges who decided that there was insufficient evidence to prove it.

but dont let me stand in your way of a good mud sling.

 

[Crankyhawk]

So do we all accept Mark Evans' assertion that "people need to respect the position of the Essendon players"?

Nope.

 

[threesixpio]

Wtf. Ok then. Not agreeing with self-evident facts is pretty nuts, it's like denying the world is round, but whatever floats your boat

Show me in the code where it expressly states this is an appeal. I'll eat humble pie when you do

ASADA choose not to appeal and give it over to a new prosecutor to have it heard in an entirely different forum. Like I said, the great legal sage Bunk started a thread on it - and he was on the $

 

[HirdsTheWord]

Clearly Mitchell doing it toward a player was the furthest you could get from going in front of someone who actually knows about the facts, eh?

i wasnt talking about mitchell but ok?

 

[Lance Uppercut]

Different prosecutor. Starting from scratch. I actually don't mind the double jeopardy argument except it's too lofty for this kind of thing

But it's still an appeal. Proceeding after wada lodged a statement of appeal, to the cas appeals section, so that they can appeal the decision of the AFL tribunal. Just because it's a de novo appeal doesn't make it not an appeal somehow

 

[threesixpio]

But it's still an appeal. Proceeding after wada lodged a statement of appeal, to the cas appeals section, so that they can appeal the decision of the AFL tribunal. Just because it's a de novo appeal doesn't make it not an appeal somehow

I know de novo doesn't cancel out it being an appeal (not that dumb). Is it actually an appeal though?

 

[Lance Uppercut]

Show me in the code where it expressly states this is an appeal. I'll eat humble pie when you do

ASADA choose not to appeal and give it over to a new prosecutor to have it heard in an entirely different forum. Like I said, the great legal sage Bunk started a thread on it - and he was on the $

Ugh.

How about in the explicit words of wada themselves?


"We have now completed our independent review of the full case file on the AFL Anti-Doping Appeals Tribunal decision regarding 34 current and former Essendon players," the statement read.

"After a thorough examination of the evidence contained within the file, WADA has decided to lodge its independent right of appeal to the decision to the Court of Arbitration for Sport.

 

[DapperJong]

Who here has been to The Peel?

 

[Cronos]

Show me in the code where it expressly states this is an appeal. I'll eat humble pie when you do

ASADA choose not to appeal and give it over to a new prosecutor to have it heard in an entirely different forum. Like I said, the great legal sage Bunk started a thread on it - and he was on the $

Have you read the code? And by that, I mean really read it? With your question, I'm assuming not.

Here, it's pretty clear:

17. APPEALS
17.1 Decisions Subject to Appeal Decisions made under this Code may be appealed as set out below. Such decisions shall remain in effect while under appeal unless CAS or the Appeals Board orders otherwise. Before an appeal is commenced, any post-decision review authorised in the NAD Scheme must be exhausted.
(a) WADA Not Required to Exhaust Internal Remedies Where WADA has a right to appeal under this Clause and no other party has appealed a final decision within the process set out in this Code, WADA may appeal such decision directly to CAS without having to exhaust other remedies set out in this Code

 

[Lance Uppercut]

Show me in the code where it expressly states this is an appeal. I'll eat humble pie when you do

ASADA choose not to appeal and give it over to a new prosecutor to have it heard in an entirely different forum. Like I said, the great legal sage Bunk started a thread on it - and he was on the $

And, just for you, from the AFL and doping code


Where WADA has a right to appeal under this Clause and no other party has appealed a final decision within the process set out in this Code, WADA may appeal such decision directly to CAS without having to exhaust other remedies set out in this Code.35

 

[Lance Uppercut]

It couldn't be plainer, I can't believe we're even having this discussion

 

[threesixpio]

.

But it's still an appeal. Proceeding after wada lodged a statement of appeal, to the cas appeals section, so that they can appeal the decision of the AFL tribunal. Just because it's a de novo appeal doesn't make it not an appeal somehow

on the go with kids though - will look at the code later when I'm cooking a quiche (wow - I sound like a total wouse)

 

[threesixpio]

And, just for you, from the AFL and doping code


Where WADA has a right to appeal under this Clause and no other party has appealed a final decision within the process set out in this Code, WADA may appeal such decision directly to CAS without having to exhaust other remedies set out in this Code.35

AFL doping code confers power on WADA does it...hmm

 

[Argy]

the point is that you're a hypocrite. Because you heap abuse on Essendon for experimenting with drugs whilst trying desperately to somehow find a way to pretend your team didn't do exactly the same thing. Who cares if WADA didn't exist. Your team did whatever it took to win that flag.

Sheesh, Lance. You've been on this forum for centuries and you still don't have a clue. Hird did it when it was prohibited.

 

[Lance Uppercut]

AFL doping code confers power on WADA does it...hmm

Well given its nothing more than a locally agreed version of the wada code I'd say it's more wada conferring power on themselves.

This is an appeal. Endy story.

 

[Lance Uppercut]

Sheesh, Lance. You've been on this forum for centuries and you still don't have a clue. Hird did it when it was prohibited.

Aside from you missing the context completely, what did Hird do when it was prohibited again?

 

[threesixpio]

I'm certainly close to eating a bit of humble pie. But can't properly respond atm

 

[Lance Uppercut]

I'm certainly close to eating a bit of humble pie. But can't properly respond atm

Chuck some in the oven next to the quiche

 

[imperial_oz]

Don't agree

Its an appeal.

It may be a hearing De Novo but its limited to the charges that were heard at the AFL Anti-Doping Tribunal.

Ignore the double jeopardy crap, thats the reddest of herrings.

 

[compact72]

How about the fact that they were cleared by an independant tribunal based on an absolute lack of evidence presented by ASADA. is that not fact enough for you?

And where is your proof that Essendon made witnesses not testify?

This is half the problem. None of you actually deal in facts, you just assume what you want to hear.

And what happened to the presumption of innocence? We assume guilt now? Pretty poor form.

but i dont want to turn this thread into another regurgitation of the same 100 other threads. What mitchell did was hilariously ironic at best. Water off a ducks back, the players didnt seem bothered by it, i doubt it was the first taunt they hav received over the last 3 years and it wont be the last. Most of the reaction is manufactured by the media....as usual.

What a surprise. Your not posting anything useful, and tend to troll

 

[imperial_oz]

Show me in the code where it expressly states this is an appeal. I'll eat humble pie when you do

ASADA choose not to appeal and give it over to a new prosecutor to have it heard in an entirely different forum. Like I said, the great legal sage Bunk started a thread on it - and he was on the $

I don't have the code in front of me right now so I cant quote the correct section but try looking at section 16? of the AFL Ant Doping Code and it specifically covers the various appeal processes, including WADA's right to appeal directly to CAS.

Ignore the misdirections put out by parties with skin in the game. Lance is entirely correct. Its an appeal

 

[Argy]

How about the fact that they were cleared by an independant tribunal based on an absolute lack of evidence presented by ASADA.

Please, Mr Hird. Plenty of evidence was presented to the tribunal. WADA is appealing the tribunal's interpretation of 'comfortable satisfaction'.

 

[DapperJong]

.

on the go with kids though - will look at the code later when I'm cooking a quiche (wow - I sound like a total wouse)

Listen Jenny, I think you.... oh