No Oppo Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)

[TheBrightSide]

It's been faxed through, that much is known.

They still use a fax?
Hope they page them as well to make sure it went through.

 

[quotemokc]

They still use a fax?
Hope they page them as well to make sure it went through.

Telegram wouldn't hurt either

 

[Doss]

Carrier pigeon.

 

[TheBrightSide]

Carrier pigeon.

It's a long way, we should juice him up first.

 

[TheGreatBarryB]

So is Hal's mum Sarah?

 

[Stopher]

So is Hal's mum Sarah?

'Sarah' didn't attend any of the info nights they had for the players and families, did she? Again, given Hunter's actions since, it would seem odd to have not taken up that offer.

 

[vaughany]

I'm surprised after two years or whatever it has been that we never actually found out who "Sarah" was.
Was she genuinely a concern mother of a player or a very damn good actor instilled by Triple M producer to drum up ratings?

....anyway the appeal has to be seen as a positive. Keep on fighting!

Sent from my SM-G900I using Tapatalk

 

[hurlygurdy]

They could be cleared in the middle of May apparently... Little bit tempting to hit the track hard in April? I presume once cleared, the club could pay out the top up players and take them off the list? Bit like they've all had a bad hamstring tear except that they are able to train fully. Also like a hamstring tear in that they may be out for the full year just when they thought they were back in business.

 

[Beerfish]

They could be cleared in the middle of May apparently... Little bit tempting to hit the track hard in April? I presume once cleared, the club could pay out the top up players and take them off the list? Bit like they've all had a bad hamstring tear except that they are able to train fully. Also like a hamstring tear in that they may be out for the full year just when they thought they were back in business.

They're not playing this year regardless.

 

[Mr Mojo Risin]

They could be cleared in the middle of May apparently... Little bit tempting to hit the track hard in April? I presume once cleared, the club could pay out the top up players and take them off the list? Bit like they've all had a bad hamstring tear except that they are able to train fully. Also like a hamstring tear in that they may be out for the full year just when they thought they were back in business.

* that, if the players are cleared, the AFL should let us keep all the players on our list as a small apology for signing up to the WADA joke.

I would love to see the anguish on Koch's face when we had 11 more players on our list.

 

[Paul_Barnard]

Im a little confused still at what is actually gonna be argued in the appeal.
In the one sentence, experts are saying the player lawyers can only argue against the legality of the hearing not debate the hearing itself.
This is in regard to WADA being given the ability to appeal after the investigation had been initiated and ask for a de novo hearing.

But in the same breathe other experts are saying the player lawyers will be arguing the burden of proof was set too low - which can only really be answered by reviewing the technicalities of the case and debating the hearing itself, right?

I really hope the appeal can address things like Charter and Alavi's statements which helped prove Dank imported TB4 despite the fact they were never cross examined. And Mark McViegh's claim he was not part of the supplements regime and only injected with Melatonin thrown out because he wasnt 'tanned' enough..

 

[Beerfish]

I really hope the appeal can address things like Charter and Alavi's statements which helped prove Dank imported TB4 despite the fact they were never cross examined. And Mark McViegh's claim he was not part of the supplements regime and only injected with Melatonin thrown out because he wasnt 'tanned' enough..

You're going to be disappointed then. The appeal can only be based on a point of law. They won't be looking at any evidence or testimony at all.

 

[Paul_Barnard]

You're going to be disappointed then. The appeal can only be based on a point of law. They won't be looking at any evidence or testimony at all.

Yep, that was my understanding as well.
clearly i'm not a lawyer but how do you argue the burden of proof was too low without going through the evidence..

 

[Beerfish]

Yep, that was my understanding as well.
clearly i'm not a lawyer but how do you argue the burden of proof was too low without going through the evidence..

Is that what they're going to be arguing? I'm not a lawyer either and I think there is such little chance of this going anywhere we'd want it to go I'm not even paying that much attention to it.

 

[Towno78]

They're not playing this year regardless.

You base this statement on what?

 

[Lance Uppercut]

You base this statement on what?

overwhelming common sense I'd say

 

[Beerfish]

You base this statement on what?

Mostly Lindsay Tanner's comments yesterday but yeah, a bit of common sense too I'd like to think.

 

[efcboy]

my issue with it is that it's perfectly normal and standard to ask for costs in this circumstance. It would be remarkable if it was any other way. Hunter and his counsel are blatantly making an emotional appeal by claiming that the Executives words don't match the clubs deeds. Um, excuse me mate? You're a lawyer, I bet you're not working pro bono.

Hunter and his mother if they had any clue should have waited until a larger group of players seeked compensation. They could have shared costs even utilising the same legal counsel. Then they may have still lost but costs would have been reduced at least.

 

[efcboy]

Mostly Lindsay Tanner's comments yesterday but yeah, a bit of common sense too I'd like to think.

Could be this:

If they win appeal, recommence playing, WADA appeal again and win the penalties reset..

If this appeal was the end of the road they could recommence playing but the prospect of an appeal of an appeal of an appeal could land them suspended again...

 

[Beerfish]

Could be this:

If they win appeal, recommence playing, WADA appeal again and win the penalties reset..

If this appeal was the end of the road they could recommence playing but the prospect of an appeal of an appeal of an appeal could land them suspended again...

I think it's more the fact they wouldn't physically be ready to just jump into the middle of an AFL season at the drop of a hat, plus we've contracted the top ups for a year. I'd be pretty embarrassed if we tried to pay them off and tell them thanks but see ya. It just doesn't make any sense.

I have little to no hope the appeal will be successful so I'm not really thinking of it in terms of an appeal of an appeal of an appeal.

 

[efcboy]

I think it's more the fact they wouldn't physically be ready to just jump into the middle of an AFL season at the drop of a hat, plus we've contracted the top ups for a year. I'd be pretty embarrassed if we tried to pay them off and tell them thanks but see ya. It just doesn't make any sense.

I have little to no hope the appeal will be successful so I'm not really thinking of it in terms of an appeal of an appeal of an appeal.

They'd be fit enough and would definitely play if the possibility of another appeal wasn't there. The players decided they want their names cleared and a clear 2017. They can only ensure 2017 is clear if they don't resume playing.

 

[Doss]

They wouldn't be fit enough. There's no substitute for match hardness, no amount of sprinting up sand hills or doing weights is a substitute.

 

[Beerfish]

They'd be fit enough and would definitely play if the possibility of another appeal wasn't there. The players decided they want their names cleared and a clear 2017. They can only ensure 2017 is clear if they don't resume playing.

They wouldn't be match fit. It would be ridiculous.

 

[hurlygurdy]

I think it's more the fact they wouldn't physically be ready to just jump into the middle of an AFL season at the drop of a hat, plus we've contracted the top ups for a year. I'd be pretty embarrassed if we tried to pay them off and tell them thanks but see ya. It just doesn't make any sense.

I have little to no hope the appeal will be successful so I'm not really thinking of it in terms of an appeal of an appeal of an appeal.

I agree with there being issues, but if they really are cleared in mid May, surely they will be raring to get back out there and who the hell is going to say they can't? Tough on the top ups but hey, they will be well paid for doing nothing. Imagine if we are 5 and 6 after 11 rounds (against all probability)? You want to say no to bringing in Watson, Heppell, Hurley and Hooker?

 

[Lore]

Im a little confused still at what is actually gonna be argued in the appeal.
In the one sentence, experts are saying the player lawyers can only argue against the legality of the hearing not debate the hearing itself.
This is in regard to WADA being given the ability to appeal after the investigation had been initiated and ask for a de novo hearing.

But in the same breathe other experts are saying the player lawyers will be arguing the burden of proof was set too low - which can only really be answered by reviewing the technicalities of the case and debating the hearing itself, right?

I really hope the appeal can address things like Charter and Alavi's statements which helped prove Dank imported TB4 despite the fact they were never cross examined. And Mark McViegh's claim he was not part of the supplements regime and only injected with Melatonin thrown out because he wasnt 'tanned' enough..

I believe you're looking for this: http://www.essendonfc.com.au/news/2016-02-11/afl-players-association-statement

AFL Players' Association Statement
“The AFL Players’ Association can confirm that all 34 current and past Essendon players have instructed lawyers to file an appeal against the CAS decision handed down on Tuesday 12th January.

“The appeal papers will be lodged with the Swiss Federal Supreme Court later today.

“The players have decided to exercise their legal right to an appeal in an endeavour to clear their name and ensure that a just outcome is achieved.

“The decision to appeal was a decision for each individual player alone having regard for their own circumstances.

“The appeal has been made on the ground that the CAS erred in determining that the WADA appeal should be conducted as a de novo hearing. That is, WADA should only have been allowed to appeal the unanimous decision of the AFL Anti-Doping Tribunal on grounds of either legal error or that it was grossly unreasonable.

“It’s important to note that the players have not sought an injunction to cause a stay of the CAS decision, meaning they will remain suspended until the Swiss Federal Supreme Court has considered and determined this matter. The appeal is not about an immediate return to football for the players involved, but rather it is about obtaining a just outcome and clearing their name.

“We expect to be advised by the Court on the next procedural steps, including key timings involved in the appeal process.”

tldr; All 34 are appealing, and they're going to argue about whether CAS were legally able to hear the case again de novo.