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

[rumply]

AFL360 discussions on ASADA/WADA/Dank last night, Whateley suggesting that CAS will apply a higher level of comfortable satisfaction making any appeal by WADA that much harder.

 

[84859300]

AFL360 discussions on ASADA/WADA/Dank last night, Whateley suggesting that CAS will apply a higher level of comfortable satisfaction making any appeal by WADA that much harder.

What were all the muppets in the HTB saying CAS had a lesser burden of proof.

******* clutching at straws.

 

[Pweter]

What were all the muppets in the HTB saying CAS had a lesser burden of proof.

******* clutching at straws.

The HTB would know, and Whately would be wrong.

Such is the way of the world, now and forever.

 

[carnthedons]

The HTB would know, and Whately would be wrong.

Such is the way of the world, now and forever.

Think Whateley is wrong here. Theoretically the Briginshaw test of Comfortable Satisfaction should be applied across both. The interpretation of what that is may vary given the different panels/judges but it should be the same standard. Lance Uppercut, do you agree?

 

[Pweter]

Think Whateley is wrong here. Theoretically the Briginshaw test of Comfortable Satisfaction should be applied across both. The interpretation of what that is may vary given the different panels/judges but it should be the same standard. Lance Uppercut, do you agree?

Whether the foamers are wrong or not is a moot point, they are always right.

 

[Dan Cooper]

Whether the foamers are wrong or not is a moot point, they are always right.

 

[rumply]

Think Whateley is wrong here. Theoretically the Briginshaw test of Comfortable Satisfaction should be applied across both. The interpretation of what that is may vary given the different panels/judges but it should be the same standard. Lance Uppercut, do you agree?

Yeah Ings seem to think the same, that is there is no difference, so not really sure what Whateley is suggesting.

Richard Ings ‏@ringsau Standard of proof at the AFL Tribunal or CAS is identical. Comfortable satisfaction. That is mandatory WADA Code.
It is the sports policy that sets the standard of proof.

 

[Lance Uppercut]

Think Whateley is wrong here. Theoretically the Briginshaw test of Comfortable Satisfaction should be applied across both. The interpretation of what that is may vary given the different panels/judges but it should be the same standard. Lance Uppercut, do you agree?

Actually I don't. Not necessarily anyway. For a couple of reasons.

Firstly, Briginshaw is an Australian legal precedent and whilst it appears to mimic the definition of comfortable satisfaction that doping has assumed globally, it's not exactly the same.

But more pertinently, in some reading I did a few months ago I found some interesting things about how CAS functions with respect to burden of proof and I spent a good 20 minutes today searching for it and annoyed I couldn't find it.

But the gist of the relevant bit was CAS place a higher burden of proof on the losing party of the original decision. So, had the players lost they would have additional hurdles to overcome too, instead.

I think Whatley is right and there is a tougher burden of proof tbh, at least to some degree

 

[carnthedons]

Actually I don't. Not necessarily anyway. For a couple of reasons.

Firstly, Briginshaw is an Australian legal precedent and whilst it appears to mimic the definition of comfortable satisfaction that doping has assumed globally, it's not exactly the same.

But more pertinently, in some reading I did a few months ago I found some interesting things about how CAS functions with respect to burden of proof and I spent a good 20 minutes today searching for it and annoyed I couldn't find it.

But the gist of the relevant bit was CAS place a higher burden of proof on the losing party of the original decision. So, had the players lost they would have additional hurdles to overcome too, instead.

I think Whatley is right and there is a tougher burden of proof tbh, at least to some degree

Ta, thanks for clearing that up.

 

[Dan Cooper]

Actually I don't. Not necessarily anyway. For a couple of reasons.

But the gist of the relevant bit was CAS place a higher burden of proof on the losing party of the original decision. So, had the players lost they would have additional hurdles to overcome too, instead.

I think Whatley is right and there is a tougher burden of proof tbh, at least to some degree

So to overturn the umpires decision the whole ball has to hit the stumps.

Good find

 

[Doss]

So to overturn the umpires decision the whole ball has to hit the stumps.

Good find

BCCI likes this.

 

[cymarak]

So to overturn the umpires decision the whole ball has to hit the stumps.

Good find

ASADA got their arse handed to them when they played England too, imagine how they'd go having to face Australia ...

 

[I Remember Bluey]

Because it's tacky and I hate it.

Autopsy thread should suffice.

 

[pepsi]

When the first asada thread closed after the afl handed down its penalties, I wasn't a fan of that decision. It didn't feel like it was over and now we know that it wasn't.

But once wada confirm they will not appeal, I'm happy for this thread to close.

I won't try and think about the countless hours spent posting and reading in this thread, but it has been like one long therapy session trying to get through it and talking about it with everyone here.

March the 31st was like getting the cake with the icing on top. Just waiting for that little cherry with wada not appealing.

Then we can close this mother *er down.

 

[Doss]

Yeah, that closure in September 2013 wasn't because we thought it was over. It obviously wasn't. It was more because of the timing- the end of season 2013 especially.

And, maybe, we didn't anticipate then that we wouldn't know the players' fate for another 19 months almost. That first thread had 28k posts. If you'd told me in September 2013 that the second thread would basically double that, you could have knocked me over with a feather.

 

[Zach Package]

Because it's tacky and I hate it.

 

[Bennett.]

Damn you, I was just looking for that!

 

[tesla1962]

What were all the muppets in the HTB saying CAS had a lesser burden of proof.

******* clutching at straws.

The rabbits in HTB are getting all excited about the possibility of CAS being able to subpoena alavi, charter and dank (no one is entirely sure about this) as if this will tip the scales. On the flip side, if CAS are bound by rules of evidence that the AFL tribunal weren't, then the transcripts of interview may even be inadmissible. I don't know whether they are or not?
HTB have a huge out if WADA don't appeal. They will just say that wada didn't have the cash. But by that time no EFC supporter will give a rats arse

The HTB bereft of EFC supporters would be a pretty funny place. It would likely implode and form a black hole.

 

[Dan Cooper]

The rabbits in HTB are getting all excited about the possibility of CAS being able to subpoena alavi, charter and dank (no one is entirely sure about this) as if this will tip the scales. On the flip side, if CAS are bound by rules of evidence that the AFL tribunal weren't, then the transcripts of interview may even be inadmissible. I don't know whether they are or not?
HTB have a huge out if WADA don't appeal. They will just say that wada didn't have the cash. But by that time no EFC supporter will give a rats arse

The HTB bereft of EFC supporters would be a pretty funny place. It would likely implode and form a black hole.

Spent about the last 4 days frolicking with the fools in the foam and they will argue anything anti-Essendon no matter how utterly trivial or ridiculous. As an example they were lining up to argue the Essendon players are NOT innocent until proven guilty. Very demonstrative of their mindset.

The HTB have taken ASADA giving up the fight as another body blow.

 

[tesla1962]

Spent about the last 4 days frolicking with the fools in the foam and they will argue anything anti-Essendon no matter how utterly trivial or ridiculous. As an example they were lining up to argue the Essendon players are NOT innocent until proven guilty. Very demonstrative of their mindset.

The HTB have taken ASADA giving up the fight as another body blow.

No they haven't Dan, they have taken it as McDevitt saving everyone's time by getting it to CAS ASAP where it will get the independent and competent hearing it didn't get at the AFL tribunal. Fair dinkum they are selling posters of MCDevitt in there - at least for the next 21 days.

 

[Dan Cooper]

No they haven't Dan, they have taken it as McDevitt saving everyone's time by getting it to CAS ASAP where it will get the independent and competent hearing it didn't get at the AFL tribunal. Fair dinkum they are selling posters of MCDevitt in there - at least for the next 21 days.

That too. Leave your brain at the HTB door. Nearly everybody who posts there seems to

 

[SizzleChest]

The rabbits in HTB are getting all excited about the possibility of CAS being able to subpoena alavi, charter and dank (no one is entirely sure about this) as if this will tip the scales. On the flip side, if CAS are bound by rules of evidence that the AFL tribunal weren't, then the transcripts of interview may even be inadmissible. I don't know whether they are or not?
HTB have a huge out if WADA don't appeal. They will just say that wada didn't have the cash. But by that time no EFC supporter will give a rats arse

The HTB bereft of EFC supporters would be a pretty funny place. It would likely implode and form a black hole.

They have more chance of getting a kickstarter campaign off the ground to bring out dog the bounty hunter to apprehend/subpoena Dank. It's about time Dank and co appeared before the HTB high council.

 

[Don Won]

The rabbits in HTB are getting all excited about the possibility of CAS being able to subpoena alavi, charter and dank (no one is entirely sure about this) as if this will tip the scales. On the flip side, if CAS are bound by rules of evidence that the AFL tribunal weren't, then the transcripts of interview may even be inadmissible. I don't know whether they are or not?
HTB have a huge out if WADA don't appeal. They will just say that wada didn't have the cash. But by that time no EFC supporter will give a rats arse

The HTB bereft of EFC supporters would be a pretty funny place. It would likely implode and form a black hole.

I spent a bit of time reading through the posts on the HTB.

There is an amazing amount of energy, passion and intellect that is being poured into those pages. It got me thinking, if that group got together with the sole purpose of doing something useful for society they would be amazing. With their combined energy I believe they could prove that cancer doesn't exist anymore.

 

[efcboy]

Have a mate who works for the lawyers representing the players. Caught up with him - if WADA appeals he gets a trip to Switzerland which he would like! However he doesn't see this happening - expecting WADA to be critical of ASADA. Agrees Dank has a good case for appeal and a senate enquiry is a possibility given the amount of tax payer money spent and public interest.

 

[Grey Smith Bar]

I spent a bit of time reading through the posts on the HTB.

There is an amazing amount of energy, passion and intellect that is being poured into those pages. It got me thinking, if that group got together with the sole purpose of doing something useful for society they would be amazing. With their combined energy I believe they could prove that cancer doesn't exist anymore.

I posted exactly that a couple of weeks ago. Imagine if they put that effort into their education/career/relationship/family/hobbies/sports etc.