yaco55
Hall of Famer
I did my best to explain to the HTB, that its impossible for CAS to have a lower burden of proof - You only have to read their their judgements to come to this conclusion.
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No Oppo Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)
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I did my best to explain to the HTB, that its impossible for CAS to have a lower burden of proof - You only have to read their their judgements to come to this conclusion.
Much like TGO, Robbo
Dan Cooper
Victory Salute
I'm sure your legal mate is smarter than I'll ever be and better versed in the case as well, but I just can't see how Dank can get off.
boncer34
Formerly "Dos23"
He reckons he didn't write it still fwiw.
boncer34
Formerly "Dos23"
You're like Pete Best
Dan Cooper
Victory Salute
There's a lot of inconsistencies and assumptions on vague rules in the rulings on the 10 charges he was found guilty of. Thus there is plenty for Dank's legal team to work with.
I don't particularly like Dank but I do believe he is a chance of having some success through the appeals process. I wouldn't expect this to be at afl appeal tribunal but at a latter stage.
How's the AFL response on Gold Coast...Mark Evans they never had a supplement program...Dank was there for 3 months (Robinson 12 months)...they must have been paid for nothing...dank supplied substances to support staff...Dank supplied substance to player outside club (this was to Bock and prohibited)...Evans says they had no governance issue...
So at GC Dank wasn't controlled - he supplied substances to staff and player(s). Yet GC had no governance issue...
What a complete farce and bunch of manipulative liars the hierarchy of the AFL are
Dan Cooper
Victory Salute
I heard Evans talking about it on SEN. He claims "computers were seized at Gold Coast and a forensic investigation conducted".
The way the AFL handled Gold Coast and Essendon could hardly have been more different. Some might even get the impression Gold Coast received preferential treatment? Who knows
Dan Cooper
Victory Salute
Not to mention frozen blood samples from the Gold Coast players. Another blackest day in sport etc.
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How come?
Dan Cooper
Victory Salute
WADA have 21 days from April 20th to appeal to CAS. So by my calcs May 11th should mark the end of the story.
Haha, oh okay.. Just happened to weird me out cos it'll be the day I make a full recovery with my knee and I said I loved the 11th of May last night. Crazy coincidental Truman Show effect/moment. Carry on.
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a well worded post off reddit
CAS have no power to subpoena. It is not a court, it is an arbitration body in the same way as a Tribunal. From the CAS website:
"In the context of the appeals procedure, the arbitrators rule on the basis of the regulations of the body concerned by the appeal and, subsidiarily, the law of the country in which the body is domiciled."
WADA can asked witnesses to appear,under the AFL's regulations, and if the witnesses refuse, WADA can apply to the Australian Supreme Court for a subpoena to compel the witness to appear, exactly what happened with ASADA. Now that a precedent has been established, under Australian law it will be adhered to: WADA will very likely not even try for subpoenas.
ASADA argued that the agreement between the players and the AFL was a commercial arbitration agreement - they argued it falls under the Arbitration act and therefore witness could be compelled. The Supreme Court rejected this and established a precedent for Arbitration cases and compelling witnesses in Australian Law.
CAS have no power to subpoena. It is not a court, it is an arbitration body in the same way as a Tribunal. From the CAS website:
"In the context of the appeals procedure, the arbitrators rule on the basis of the regulations of the body concerned by the appeal and, subsidiarily, the law of the country in which the body is domiciled."
WADA can asked witnesses to appear,under the AFL's regulations, and if the witnesses refuse, WADA can apply to the Australian Supreme Court for a subpoena to compel the witness to appear, exactly what happened with ASADA. Now that a precedent has been established, under Australian law it will be adhered to: WADA will very likely not even try for subpoenas.
ASADA argued that the agreement between the players and the AFL was a commercial arbitration agreement - they argued it falls under the Arbitration act and therefore witness could be compelled. The Supreme Court rejected this and established a precedent for Arbitration cases and compelling witnesses in Australian Law.
tesla1962
Premiership Player
Ok then
If we assume they can't subpeona alavi, charter and dank does this mean their interview transcripts are inadmissible? I guess I am asking if CAS is bound by the rules of evidence as it is a court not the AFL tribunal. If so WADA would have next to nothing.
Dan Cooper
Victory Salute
Dank's appeal is unlikely to be held before June according to Herald Sun >
"AFL Appeals Board chairman Peter O’Callaghan, QC, will make the decision on whether the media may attend Stephen Dank’s anti-doping appeal hearing, which is unlikely to be held before June because of lawyer unavailability".
"AFL Appeals Board chairman Peter O’Callaghan, QC, will make the decision on whether the media may attend Stephen Dank’s anti-doping appeal hearing, which is unlikely to be held before June because of lawyer unavailability".
Dan Cooper
Victory Salute
McDevitt claimed ASADA were waiting on something game-changing from Dank just prior to ASADA giving up the fight on April 20th.
If WADA were anyway hopeful of something game-changing from Dank prior to having to make their call on whether to appeal, that possibility looks like it just went out the window with a June Dank appeal date.
Whispering_Jack
Norm Smith Medallist
Incidentally, there really isn't much point in closing this thread while Dank's appeal is going on, is there?
I was under the impression it would be held in Syd where CAS has an office, if WADA appeals
Dan Cooper
Victory Salute
I think Switzerland is CAS' head office for what its worth.
Coldacre
Premiership Player
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it's a hot topic, but it ain't new!
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Makes it sound like EFC actually had some form of governance and guidelines and GCS had none!
The hand waving and pointing to forensic computer investigations make me think they and the AFL have much more to answer. Travis Auld as an AFL exec just makes it so much worse. Such a joke.
yeah but that doesn't really do it for me. I'm not sure that's a precedent as the request was for it to be heard by the AFL tribunal, not CAS, where CAS is an arbitration body. I would like it to be so, but that doesn't stack up for me on the face of it
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