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

[fishardansin]

Well said Bunk and efcboy. If WADA are doing what efc says then yes that's right. Like Bunk I'm just not worried about this at all. I haven't been since December last year.

McDingleberry has ....

 

[Dan Cooper]

I expect them to drag it out for as long as they can. Similar MO to ASADA.

That is something we've come to expect by now.

Richard Young has been across this case since almost day 1 - Young was ASADA's external council for God's sake - and yet WADA exhausted their full 21 days before appealing the tribunal case.

Now, having been handed ASADA's full case files, Young has requested a further 45 day time extension.

The punishment by process baton has been passed from ASADA to WADA, and the players, never having been found guilty of anything, continue to be treated like ****ing criminals!

 

[MightyDon]

Hirds post game press conference in relation to Ralph asking whether Hird would be in the shower with Fletch to make sure he doesn't fall over said, "Jon you've said some really silly things over the last three years which i will take up with you one day but that would have to be the silliest."

Just read this was already post in the autopsy thread

 

[rumply]

The Social Litigator looking at the issue of witnesses should the hearing be held in Switzerland.

http://sociallitigator.com/2015/05/25/essendon-supplements-saga-is-it-up-up-and-away-to-switzerland/

You could ask the third party witness to appear by video link. However, that would mean getting the witnesses to turn up to a conference room in, say, Melbourne CBD, so that their image and voice can be transmitted to a hearing room designed by Ferrari Architects in Lausanne, Switzerland. Swiss people, however good their chocolate and fondue, and whatever the decision of a Swiss Court, do not have jurisdiction to force someone to go from their home in Melbourne’s suburbs to that conference room in Melbourne’s CBD without Australian help.

It follows that even if an order were made in a Swiss Court compelling a witness to attend the CAS appeal, a process would then likely be required involving an Australian Court to require the third party witness to make the train / tram / car trip to that conference room in Melbourne’s CBD.

Here is another option. With the ruling of a Swiss Court in hand, one could look to the extradition treaty between Australia and Switzerland (in force since the early 1990s) to seek that those reluctant witnesses board a flight from Australia so that they can arrive at Château de Béthusy at 9.30 am on an appointed day.

However, the last time I looked, however seriously we take our sport, the failure to turn up to a sporting tribunal appeal is not an offence punishable by imprisonment or other deprivation of liberty for a maximum period of at least one year (the minimum requirement under the Treaty).

In short, on a ‘first principle’ basis, it appears plain that a Lausanne, Switzerland hearing does not mean it would be smooth sailing in assuring witness attendance.

 

[Dan Cooper]

The Social Litigator looking at the issue of witnesses should the hearing be held in Switzerland.

http://sociallitigator.com/2015/05/25/essendon-supplements-saga-is-it-up-up-and-away-to-switzerland/

You could ask the third party witness to appear by video link. However, that would mean getting the witnesses to turn up to a conference room in, say, Melbourne CBD, so that their image and voice can be transmitted to a hearing room designed by Ferrari Architects in Lausanne, Switzerland. Swiss people, however good their chocolate and fondue, and whatever the decision of a Swiss Court, do not have jurisdiction to force someone to go from their home in Melbourne’s suburbs to that conference room in Melbourne’s CBD without Australian help.

It follows that even if an order were made in a Swiss Court compelling a witness to attend the CAS appeal, a process would then likely be required involving an Australian Court to require the third party witness to make the train / tram / car trip to that conference room in Melbourne’s CBD.

Here is another option. With the ruling of a Swiss Court in hand, one could look to the extradition treaty between Australia and Switzerland (in force since the early 1990s) to seek that those reluctant witnesses board a flight from Australia so that they can arrive at Château de Béthusy at 9.30 am on an appointed day.

However, the last time I looked, however seriously we take our sport, the failure to turn up to a sporting tribunal appeal is not an offence punishable by imprisonment or other deprivation of liberty for a maximum period of at least one year (the minimum requirement under the Treaty).

In short, on a ‘first principle’ basis, it appears plain that a Lausanne, Switzerland hearing does not mean it would be smooth sailing in assuring witness attendance.

It was a case of love at first sight for the HTB when the Social Litigator came into their lives. The above might cause a rethink of what after all may only have amounted to puppy love.

In order to put that 'love' to the test I've posted the above over there

 

[Bunk Moreland]

It's the same old story for all these anti doping bodies and tribunals

Tribunal: "You must attend"

Witness: "Nah"

Tribunal: "Um... please?"

 

[Lance Uppercut]

The Social Litigator looking at the issue of witnesses should the hearing be held in Switzerland.

http://sociallitigator.com/2015/05/25/essendon-supplements-saga-is-it-up-up-and-away-to-switzerland/

You could ask the third party witness to appear by video link. However, that would mean getting the witnesses to turn up to a conference room in, say, Melbourne CBD, so that their image and voice can be transmitted to a hearing room designed by Ferrari Architects in Lausanne, Switzerland. Swiss people, however good their chocolate and fondue, and whatever the decision of a Swiss Court, do not have jurisdiction to force someone to go from their home in Melbourne’s suburbs to that conference room in Melbourne’s CBD without Australian help.

It follows that even if an order were made in a Swiss Court compelling a witness to attend the CAS appeal, a process would then likely be required involving an Australian Court to require the third party witness to make the train / tram / car trip to that conference room in Melbourne’s CBD.

Here is another option. With the ruling of a Swiss Court in hand, one could look to the extradition treaty between Australia and Switzerland (in force since the early 1990s) to seek that those reluctant witnesses board a flight from Australia so that they can arrive at Château de Béthusy at 9.30 am on an appointed day.

However, the last time I looked, however seriously we take our sport, the failure to turn up to a sporting tribunal appeal is not an offence punishable by imprisonment or other deprivation of liberty for a maximum period of at least one year (the minimum requirement under the Treaty).

In short, on a ‘first principle’ basis, it appears plain that a Lausanne, Switzerland hearing does not mean it would be smooth sailing in assuring witness attendance.

such a good article

 

[kfc1]

Some technicalities to clear up (which the media have not):
1. WADA have not officially lodged an appeal yet
2. WADA exercised their right to appeal which gave them 21 days to lodge an official appeal.
3. WADA requested an additional 45 days to lodge an official appeal.

So as I've said previously WADA will still be reviewing the case and deciding whether to proceed with an appeal. There is still a chance they can pull out if they think the case is weak after spending 2 months reviewing it.

Thanks for this. Having been in self-imposed exile for a few weeks I was under the impression WADA was actually appealing. So good to have the correct info here

 

[Dan Cooper]

Some technicalities to clear up (which the media have not):
1. WADA have not officially lodged an appeal yet
2. WADA exercised their right to appeal which gave them 21 days to lodge an official appeal.
3. WADA requested an additional 45 days to lodge an official appeal.

So as I've said previously WADA will still be reviewing the case and deciding whether to proceed with an appeal. There is still a chance they can pull out if they think the case is weak after spending 2 months reviewing it.

Can you even begin to anticipate the HTB meltdown if WADA ultimately decided not to proceed

 

[Duckworth]

Can you even begin to anticipate the HTB meltdown if WADA ultimately decided not to proceed

Oh please let this happen!

 

[Blind Turn]

From C Johns on Bomberblitz. Should go viral. Discredit her even more than she has already selfdiscredited.

 

[jmoo wan]

From C Johns on Bomberblitz. Should go viral. Discredit her even more than she has already selfdiscredited.

oh grow up un_eggs

 

[Blind Turn]

oh grow up un_eggs

I'll just obediently hold my tongue like a good lap-Lloyd, sorry -dog, and take my media pay-cheque thanks.

 

[TheGreatBarryB]

So it's been mentioned again in the paper that Carlisle is waiting on outcome of drugs case before committing. Even of it's still going what difference would it make if at a different club. What of case undecided and he leaves, then case closes soon after? Doesn'take sense.

 

[IggypopsTshirt]

The club is waiting for Jake to play at a level above that of Jack Watts and is quietly pleased that he hasn't commited yet thus keeping open the option of a Western Sydney fishing expedition later in the year.

 

[fishardansin]

So it's been mentioned again in the paper that Carlisle is waiting on outcome of drugs case before committing. Even of it's still going what difference would it make if at a different club. What of case undecided and he leaves, then case closes soon after? Doesn'take sense.

Yes it does. If the players get done then the club will be devestated and there is little chance of success in the future. Another good reason would be that he's not planning to go anywhere but is one of the players considering leaving the game if found guilty.

However, I actually think us getting done is the best chance for a root and branch rebuild, with some players come back a year or two into that!!

 

[expires]

Yes it does. If the players get done then the club will be devestated and there is little chance of success in the future. Another good reason would be that he's not planning to go anywhere but is one of the players considering leaving the game if found guilty.

However, I actually think us getting done is the best chance for a root and branch rebuild, with some players come back a year or two into that!!

well, that's outside the square, fish.

 

[Dan Cooper]

We are all dealing with this seeming never ending, water torture-like process differently. But I for one aren't going all the way down the hypothetical path of CAS finding us guilty and the possible ramifications of it.

I don't see WADA being able to present a case any better than ASADA's, and unless CAS are extremely easy to please, a not guilty verdict would still appear the logical outcome.

 

[Bunk Moreland]

So it's been mentioned again in the paper that Carlisle is waiting on outcome of drugs case before committing. Even of it's still going what difference would it make if at a different club. What of case undecided and he leaves, then case closes soon after? Doesn'take sense.

Where was that mentioned?

In any case his contract is up in October, I guarantee this wont be done by then.

 

[IggypopsTshirt]

For all the head flapping Mick Malthouse has done over the course of our ASADA debacle, I must say I find it quite arousing that Hirdy has outlasted that campaigner.

 

[Dan Cooper]

For all the head flapping Mick Malthouse has done over the course of our ASADA debacle, I must say I find it quite arousing that Hirdy has outlasted that campaigner.

Hird won't be shedding a tear. Nor will Mark Stevens, Cameron Ling and many others.

 

[TheGreatBarryB]

Where was that mentioned?

In any case his contract is up in October, I guarantee this wont be done by then.

PSSST section of Sunday's Age. Mentioned TBC and Stanton contracts and then re "another big name out of contract Bomber....."

So his choices:

October arrives and say the case is still months away, what does he and manager do? Current standing would be last found not guilty. So wouldn't he stay?

He leaves and then we're found not guilty again.

Why wouldn't he just re-sign, then if we are found guilty, surely every player would have alternatives.

Doesn't make no sense

 

[ezard15]

Some technicalities to clear up (which the media have not):
1. WADA have not officially lodged an appeal yet
2. WADA exercised their right to appeal which gave them 21 days to lodge an official appeal.
3. WADA requested an additional 45 days to lodge an official appeal.

So as I've said previously WADA will still be reviewing the case and deciding whether to proceed with an appeal. There is still a chance they can pull out if they think the case is weak after spending 2 months reviewing it.

I must confess I was under the misapprehension they had already appealed.

i would say there is every chance they haven't formed a view as to whether or not they will appeal as yet.

Fingers crossed we get an announcement soon that they won't appeal.

 

[SherbertLemon]

I must confess I was under the misapprehension they had already appealed.

i would say there is every chance they haven't formed a view as to whether or not they will appeal as yet.

Fingers crossed we get an announcement soon that they won't appeal.

comes as news to me also.

I just can't fathom why they would appeal given how comprehensively they were smashed in the tribuneral.

do we have any time frame as to when this extension expires?

 

[CaloundraClown]

comes as news to me also.

I just can't fathom why they would appeal given how comprehensively they were smashed in the tribuneral.

do we have any time frame as to when this extension expires?

They have until July 6th to present their case
http://www.triplem.com.au/melbourne...ay-extension-to-create-case-against-essendon/