Play Nice The CAS Appeal thread - update: appeal fails (11/10/16)

Remove this Banner Ad

Via http://www.aflplayers.com.au/article/all-34-players-file-appeal/

Statement from AFL Players CEO Paul Marsh

“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.”
 

Log in to remove this ad.

They should all get off, absolutely no doubt about it!

They should never have copped a year in the first place by the narrow-minded WADA fools!

IMHO, these young men are all innocent. These fellas are men of honour and integrity. They were lead up the garden path...

They've suffered more than enough!

Do the right thing and withdraw the ban, let them play, and lets move the on...
You are ignorant of the most simple of concepts
 
Via http://www.aflplayers.com.au/article/all-34-players-file-appeal/

Statement from AFL Players CEO Paul Marsh

“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.”
If thats the grounds for appeal, then they are doomed. Waste of 500k, could of gone to the homeless people instead, they would of done a better job with it
 
Via http://www.aflplayers.com.au/article/all-34-players-file-appeal/

Statement from AFL Players CEO Paul Marsh

“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.”
Umm... didn't the appeal have to be in by 2am this morning?
 
Via http://www.aflplayers.com.au/article/all-34-players-file-appeal/

Statement from AFL Players CEO Paul Marsh

“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.”
I'm pretty sure the 180° turn in the outcome proves that the AFL Anti-Doping Tribunal was grossly unreasonable.
 

(Log in to remove this ad.)

Gotta hand it too the AFL and Essendon, got 34 players to appeal by not having them pay for it, it means that they can guilt trip the players into NOT suing the AFL or Essendon and Essendon can guilt trip 12 players into NOT walking out on the club, these players are stooges and they have fallen for the bullshit again.
 
Umm... didn't the appeal have to be in by 2am this morning?
Thought it was Friday COB Swiss time however nothing would surprise me that they missed the deadline. Perhaps they could claim the paperwork went missing?

Seriously is Paul Marsh looking for a free trip to Swizterland? The adventures of Barry McKenzie part zwei beckons.
 
Thought it was Friday COB Swiss time however nothing would surprise me that they missed the deadline. Perhaps they could claim the paperwork went missing?

Seriously is Paul Marsh looking for a free trip to Swizterland? The adventures of Barry McKenzie part zwei beckons.
You could be right.
 
"clear our name" i don't understand how this would clear names

"We're not arguing that the decision was incorrect. We are arguing that CAS shouldn't have been able to use the process they always use to find us guilty. If this new approach wasn't take then they never would have been able to have been presented with evidence that proved to a comfortable satisfaction that we were guilty."

I can understand wanting to get off on a technicality, but trying to make it out like it would clear their names is borderline insane.
 
Everyone I have spoken too outside of the Big Footy universe don't really care either way, They get on with their lives and focus on their football sides, It's a shame people here can't do the same.

The only thing i'm tired of is hearing the desperate pr line of poor * let's move on spin.
 
See it only took you 4 posts to start on the nonsense dribble like rest of us... good for you!

Satan So much for another "Another well reasoned demon supporter"
images
 
Waste of 500k

Not necessarily. I think Mick Ellis' article was quite perceptive. Put in a poker context, let's say the pot is $1k and it costs you $100 to call. If you think you only have a 10% chance of winning the pot, it's an even money call.

I'd love to see the legal advice on the potential liability EFC is looking at on payouts. Let's say $10m. If you throw 500k at the appeal, instruct the lawyers to keep the grounds narrow, and say, any costs past $500k will not be covered, then I don't think (from a strategic perspective) you're doing the wrong thing.

On the merits though - yeah if they're just arguing against the de novo nature of hearing then I just cannot see how they'd get up.
 

Remove this Banner Ad

Back
Top