Dank appeal unlikely to be held until June

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Dan Cooper

Dan Cooper

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Sep 26, 2013
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Dan Cooper said:
Stephen 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".

http://m.heraldsun.com.au/sport/afl/afl-to-support-an-open-hearing-of-stephen-danks-anti-doping-appeal/story-fni5f22o-1227314069684
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Lawyer unavailability? Whose? Dank's or ASADAs?

The interesting part, if there is one, is that Dank has told the media he would like an 'open' hearing (mind you, the little weasel can back out of that claiming his legal advice recommended otherwise down the track).

Good play by Dank. He says he would like the hearing open first, before ASADA get in there. Also, if ASADA petition for a closed hearing, they won't look great.

Hope it is open. HTB might meltdown during another closed hearing. Also, it will be interesting to discover whether there are any brown trousers in the Airport region if the appeal is conducted that way.

BTW - you have opened another thread on the basis of another media article. I thought I would mention it so Lance Uppercut can enjoy a nice, mid-week break from his thread monitoring duties.
 
Proper Gander said:
Lawyer unavailability? Whose? Dank's or ASADAs?

The interesting part, if there is one, is that Dank has told the media he would like an 'open' hearing (mind you, the little weasel can back out of that claiming his legal advice recommended otherwise down the track).

Good play by Dank. He says he would like the hearing open first, before ASADA get in there. Also, if ASADA petition for a closed hearing, they won't look great.

Hope it is open. HTB might meltdown during another closed hearing. Also, it will be interesting to discover whether there are any brown trousers in the Airport region if the appeal is conducted that way.

BTW - you have opened another thread on the basis of another media article. I thought I would mention it so Lance Uppercut can enjoy a nice, mid-week break from his thread monitoring duties.
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It'll only be Essendon and Hird that want the hearing closed.
 

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Proper Gander said:
Lawyer unavailability? Whose? Dank's or ASADAs?

The interesting part, if there is one, is that Dank has told the media he would like an 'open' hearing (mind you, the little weasel can back out of that claiming his legal advice recommended otherwise down the track).

Good play by Dank. He says he would like the hearing open first, before ASADA get in there. Also, if ASADA petition for a closed hearing, they won't look great.

Hope it is open. HTB might meltdown during another closed hearing. Also, it will be interesting to discover whether there are any brown trousers in the Airport region if the appeal is conducted that way.

BTW - you have opened another thread on the basis of another media article. I thought I would mention it so Lance Uppercut can enjoy a nice, mid-week break from his thread monitoring duties.
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You raise some interesting points. Starting with whose lawyer?
 
Lavender Bushranger said:
It'll only be Essendon and Hird that want the hearing closed.
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Maybe also the coaching staff who allegedly were given stuff? While they may not have done anything wrong per se, there could be details that would be a bit of a bad look, professionally speaking.

The only reason I can think of for ASADA petitioning for a closed hearing would be that they didn't want media examining the quality of their evidence gathering. So if they have any nerves about how they could be perceived they might prefer a closed hearing. But I was really thinking protests would come from people who would prefer less detail about their actions in the supplements program rather than the investigation.
 
Lawyer unavailability? Ha Ha, for the rates they charge? Someone's having a laugh here.
 
Proper Gander said:
Maybe also the coaching staff who allegedly were given stuff? While they may not have done anything wrong per se, there could be details that would be a bit of a bad look, professionally speaking.

The only reason I can think of for ASADA petitioning for a closed hearing would be that they didn't want media examining the quality of their evidence gathering. So if they have any nerves about how they could be perceived they might prefer a closed hearing. But I was really thinking protests would come from people who would prefer less detail about their actions in the supplements program rather than the investigation.
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ie. Hird and Essendon.
 
Lavender Bushranger said:
Can WADA appeal whilst Dank is appealing?

ie. by appealing, has Dank delayed WADA being able to appeal against him? Don't WADA only have another couple of weeks to decide?
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Wondered that myself. Weird outcome if Dank wins appeal, later gets even more offences loaded on him by CAS. I think CAS guidelines may specify how quickly an appeal must be heard once lodged. I'll find wherever I found that information before.
 
Akka76 said:
Lawyer unavailability? Ha Ha, for the rates they charge? Someone's having a laugh here.
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It could be the ASADA barristers. Preference is always to try and retain the same counsel for an appeal as for the hearing, and the Barristers always end up with schedule conflicts (or pretend to - for tactical reasons of their own). The whole thing is a nuisance. One of the Barristers used by ASADA throughout the course of this is the same preferred Barrister for my work, and we have to go with another guy because of his being tied up with all this ASADA nirvana. grrrr
 
Lavender Bushranger said:
Can WADA appeal whilst Dank is appealing?

ie. by appealing, has Dank delayed WADA being able to appeal against him? Don't WADA only have another couple of weeks to decide?
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I think I have found it.

WADA have 21 days to lodge appeal to CAS.

They then have 10 days (from the next day) to submit their statement of appeal & list of witnesses and so forth - which would probably be pretty much the brief of evidence already submitted to the tribunal, maybe WADA'd up somewhat to emphasise bits or for general scent-marking purposes.

The respondent then has another 20 days to submit a statement of defence.

Assuming WADA appeal and take the full 21 days to lodge, this plus lodging of documents by both parties already takes us through to about 11 June by my calculations. CAS at some point upon receiving the appeal application would initiate whatever process (appointing a panel of arbitrators etc.).

Once all documents are lodged, the panel would spend time reviewing submissions etc, which doesn't have a time limit being presumably dependent on the length and nature of the submissions lodged. And I can't find a prescribed time when an appeal would need to be heard by - so I think CAS can be flexible, so long as the division president observes the strong requirement of expediting each appeal process as much as is practicable. CAS seems to be pretty big on moving fast where possible.

I don't see that Dank's AFL tribunal appeal is an impediment to WADA taking ASADA's case further.
 
Proper Gander said:
It could be the ASADA barristers. Preference is always to try and retain the same counsel for an appeal as for the hearing, and the Barristers always end up with schedule conflicts (or pretend to - for tactical reasons of their own). The whole thing is a nuisance. One of the Barristers used by ASADA throughout the course of this is the same preferred Barrister for my work, and we have to go with another guy because of his being tied up with all this ASADA nirvana. grrrr
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I'll believeit when I see it.Unitl then, you're only speculating, this "Lawyer Unavailability" sounds like something Liz Lukin made up.
 
Akka76 said:
I'll believeit when I see it.Unitl then, you're only speculating, this "Lawyer Unavailability" sounds like something Liz Lukin made up.
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Maaaaaaaaaaaaaaaaaayyyybe... (for starters, LL hasn't gone to work PR magic for Dank). I still think Gvt contracted barristers are just as likely to have the clashes. They are quite in demand. Every tribunal directions hearing I have attended started with a 2 hour tedious conversation about everybodies diary engagements, length of hearing anticipated, freaking school holidays, etc etc. I think you are seeing sinister shadows where they are not really likely to exist.
 

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This puts all charges back on the table and will ASADA get a chance to finally ask Dank questions he has refused to answer at this stage
 
Dan Cooper said:
Stephen 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".

http://m.heraldsun.com.au/sport/afl...ti-doping-appeal/story-fni5f22o-1227314069684
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Does danks wait in line behind crowley and pies? Can the apoeals board and original board mix members?
 
Proper Gander said:
Maaaaaaaaaaaaaaaaaayyyybe... (for starters, LL hasn't gone to work PR magic for Dank). I still think Gvt contracted barristers are just as likely to have the clashes. They are quite in demand. Every tribunal directions hearing I have attended started with a 2 hour tedious conversation about everybodies diary engagements, length of hearing anticipated, freaking school holidays, etc etc. I think you are seeing sinister shadows where they are not really likely to exist.
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Maaaaaaaaaaaaaaaaaayyyybe...
 
How many more seasons are Hird and Essendon going to be allowed to ruin?
 
MaddAdam said:
How many more seasons are Hird and Essendon going to be allowed to ruin?
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Lol such a whiny victim you are!
I reckon this season will be a cracker and I can't wait to get to the G on Saturday
Been some great games and terrific footy in the first four rounds
 
telsa1962 said:
Lol such a whiny victim you are!
I reckon this season will be a cracker and I can't wait to get to the G on Saturday
Been some great games and terrific footy in the first four rounds
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Oh go back to the packing!
 
Proper Gander said:
Oh go back to the packing!
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Packing??
Hey how did you like the coolidges discovering a biological phenomenon while on the research farm in upstate New York. Pretty cool stuff and an indesputible excuse for rakes all over the world ever since.
 
telsa1962 said:
Packing??
Hey how did you like the coolidges discovering a biological phenomenon while on the research farm in upstate New York. Pretty cool stuff and an indesputible excuse for rakes all over the world ever since.
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Excellent theory. Brings with it some interesting insights about the endocrinologist who discovered it.

I only got as far as the wiki entry - I wonder if the effect has been similarly observed in hens?

I don't know what thread I'm on. Dank thread huh? Yeah. He should appeal. Go danksy!
 
telsa1962 said:
Lol such a whiny victim you are!
I reckon this season will be a cracker and I can't wait to get to the G on Saturday
Been some great games and terrific footy in the first four rounds
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You might have missed the joke there. But anyway, I'd wait until the WADA all clear if I were you.
 
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