Play Nice The CAS Appeal thread - update: appeal fails (11/10/16)

[LanceRomance]

I do not think that this appeal is the final step. There must be more to it than has been made public so far because this is only going to be an expensive and futile exercise. What comes next is the real issue and that could be several things. I'm not sure that they have in mind but I'm pretty this is leading to something else.

I think it is the first step in dumping the code.

I forsee some rolling out the "not consistent with our values" nonsense.

the afl lost all control of this I dont think they want to go through it again.

 

[Muggs]

I think it is the first step in dumping the code.

I forsee some rolling out the "not consistent with our values" nonsense.

the afl lost all control of this I dont think they want to go through it again.

I would not be surprised if there is some action in Australian courts as well.

 

[Blue1980]

But most of those are not the grounds for the appeal. Get rid of points 1, 3, 4 and 5 because the players appeal doesn't mention those. It talks about objecting to the having the CAS hearing 'de novo' because it was the players contention that the AFL Anti-Doping Code required appeals to be on the basis of legal error or gross unreasonableness. That contention is well known to be wrong. There was never any limitation placed on WADA or CAS in either the 2010 or 2015 versions of the code, so that contention put forward by Peter Gordon is demonstrably wrong. Additionally, all CAS hearings are 'de novo' and this has been previously argued and decided under Swiss admin law, so its hard to see the appeal even looking like succeeding unless they can provide an argument to convince the Swiss Courts to reverse their earlier rulings. Chance are vanishingly small at best.

Had they appealed on whether 'comfortable satisfaction' was correctly, that would have been desirable from my point of view as it would have provided more certainty for future doping cases. Unfortunately, that wasn't an appellable matter under Swiss Admin law.

I do not think that this appeal is the final step. There must be more to it than has been made public so far because this is only going to be an expensive and futile exercise. What comes next is the real issue and that could be several things. I'm not sure that they have in mind but I'm pretty this is leading to something else.

The EFC to declare war on Switzerland?

 

[Blue1980]

I think it is the first step in dumping the code.

I forsee some rolling out the "not consistent with our values" nonsense.

the afl lost all control of this I dont think they want to go through it again.

They would lose government funding if they did, unless the government have changed their tune?

 

[Abomination]

Even if their appeal is thrown out, they'll probably just appeal to the High Court to try and have the entire WADA code and their relationship to the AFL overturned as illegal or something nonsensical like that.

 

[Spongebob]

They would lose government funding if they did, unless the government have changed their tune?

I think the Team Australia bit of the government bit the dust.

 

[QuietB]

I think the Team Australia bit of the government bit the dust.

Wasn't that team NSW?

 

[Blue1980]

Even if their appeal is thrown out, they'll probably just appeal to the High Court to try and have the entire WADA code and their relationship to the AFL overturned as illegal or something nonsensical like that.

A hearing to ban anyone from talking about this ever again under threat of torture.

And joint appeal to make WADA illegal in Australia, cos their not beers you can have an Aussie with.

 

[gutsroy]

I have it on good authority that robbo has acquired an English French dictionary.

Might not be much use if the big fella forgets to take along his English <>Robbo one as well.

 

[Spongebob]

Wasn't that team NSW?

Friends were passing comments about my jacket saying Team Victoria.

They made me get my national jacket to ensure I was not captain called into Team Australia, otherwise they would have disowned me.

 

[Satan]

The EFC to declare war on Switzerland?

Only DapperJong and his North korean mates

 

[Spongebob]

Only DapperJong and his North korean mates

Didn't Jong and his sister go to school in Switzerland?

Probably speaks French and will just declare legal war as part of the EFC defence.

 

[Rich]

I think it is the first step in dumping the code.

I read this as dumpling.

I've gone Ken Bruce about dumplings.

 

[Chameleon75]

lol. I'm guessing that his French pronunciation of all alcohol and rich foods is already quite advanced

not sure "cab sav" is the correct pronunciation

 

[Satan]

Didn't Jong and his sister go to school in Switzerland?

Probably speaks French and will just declare legal war as part of the EFC defence.

Dapper has local knowledge then

 

[The_Wookie]

 

[david addison]

Bombers bankrupted the Hunter family. Pure evil. If anyone was wondering if the EFC was fighting for its very survival, this pretty much confirms it.

 

[compact72]

Wonder if appeal has actually been lodged yet

 

[Xtreme]

They are wasting their time the 34 players can't win and the CAS can't lose

 

[compact72]

They are waisting their time the 34 players can't win and the CAS can't lose

Essendon may have to look at paying Swiss fees too, could come to $1m appeal?

 

[Boxhead_31]

Why do people get annoyed that they're appealing it's their right and they're exercising it.

It's like they're hurting people personally, They think this is worthwhile surely that's all that matters.

It's not going to ruin the season and FWIW the only season this saga has ruined is our seasons, No other club can really complain.

Anyway I wish the boys luck and I hope it works out for you.

What happens if their case is successful?

 

[imperial_oz]

The EFC to declare war on Switzerland?

DapperJong has nukes...and a new missile....so it could be a go

 

[coryne]

They don't really have anything to lose, And they don't need to do anything, It's a no brainer as far as they're concerned.

Except for what little respect and sympathy that everyone outside of the efc cult has for them. Grown men taking 0 responsibility for their actions have lead to the general public going from being sympathetic towards the players to fed up with them.

 

[imperial_oz]

I think it is the first step in dumping the code.

I forsee some rolling out the "not consistent with our values" nonsense.

the afl lost all control of this I dont think they want to go through it again.

If that is the case, and I have entertained that as a possibility myself, I think it will be predicated on 'they can change the rules but we can't get a fair hearing from those foreigners'.

I hope they don't go down that road though. Australia will be held up in the same vein as the East Germans or Russians. Not really a valid comparison but it could easily be made to look extremely bad if Australia's major sport walked away from the WADA code because our athletes got caught. Really? What sort of message would that send to rest of the world.

 

[imperial_oz]

Except for what little respect and sympathy that everyone outside of the efc cult has for them. Grown men taking 0 responsibility for their actions have lead to the general public going from being sympathetic towards the players to fed up with them.

No, I think they are perfectly entitled to explore all their options. The people criticising the players were the same people cheering when WADA exercised their options.

My comment would be that the grounds they seem to have chosen would on the surface, be entirely futile. They either have different, and better, grounds or there is more to this than we know.