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

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Subutai said:
Some dark powerful forces really want Jobe to keep his precious
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An appeal gives the AFL what they need to squib and let Jobe keep his tainted precious. The rationale being that because an appeal is open they can't make a decision, and it would be oh so unfair to Jobe to delay the matter, so he'll walk away with the medal and a back rub.
 
compact72 said:
However I thought the AFL Anti Doping code overrules the WADA code?
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This is covered in paragraph 114., only for minor revision, needs to be substantially the same. CAS basically stated that such a change would have placed the AFL in breach of being a signatory and would have stuck out any such limitations. They also sighted CAS precedent, which got appealed and knocked back, showing they could do so.

compact72 said:
Can Swiss courts turn around as soon as they see their argument and dismiss it?
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They have dismissed cases very quickly, came across a couple yesterday that were dismissed out of hand, but these tend to be ones that are more general complaining not specific points. I suspect it get some consideration for courtesy sake if nothing else.
 
Muggs said:
This is covered in paragraph 114., only for minor revision, needs to be substantially the same. CAS basically stated that such a change would have placed the AFL in breach of being a signatory and would have stuck out any such limitations. They also sighted CAS precedent, which got appealed and knocked back, showing they could do so.



They have dismissed cases very quickly, came across a couple yesterday that were dismissed out of hand, but these tend to be ones that are more general complaining not specific points. I suspect it get some consideration for courtesy sake if nothing else.
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And if the appeal fails is it off to the UN and the human rights vibe?
 

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Toump Ass said:
Essendon still trying to get off on a technicality... what a disgusting club :thumbsdown:
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Yes, upset there was a full hearing in which all the evidence not only came out but was made public.
But of course were going to be in a good place once it did right???
Even after all this time they still can not man up and face the consequences for what they did.
And those consequences include a 12 month discount really when they made no attempt to co-operate or admit fault.
Indeed disgusting club!
 
This is getting painful, Christ sake Essendon let it go you have lost.

Take your hit and start moving on as a club.
 
Sorry in advance if this is clear to all, but is NLM the only player confirmed to be pursuing an appeal?

Or does only one player have to appeal because they opted to be considered as a collective?
 
footyfan78 said:
Oh, trust me, as a Carlton supporter I remember it well as 23rd Novemenber 2002 with Draft beginning that weekend.
Just like everyone knew coming up to 2015 National Draft that Carlton were taking Weitering with pick one and Lions Schache with pick two everyone knew as we were about to hit draft of 2002 that Carlton were taking Brendan Goddard with pick one and Daniel Wells with pick two. Then the nightmare of hearing just about at the day the draft about to start we are losing picks No. 1, 2, 31 and 34 from the 2002 National Draft
All other first and second round picks the following year and the pre-season draft too was a killer blow that you could not possibly understand the long term effects even over 13 years later. Actually I believe the off field hit to club has been even bigger that the on field results. That fine came at worst possible time and $930K in 2002 Aussie dollars I cannot imagine what is worth now but it sure as hell would be worth way more than Essendon got for bringing game into disrepute.
We lost our own ground indirectly of financial mess we got in as a result and therefore part of our independence as a club to make choices of home games. Geelong basically kept their homeground with less support. We should have done even more with our homeground but had to let it go and be another club that AFL direct to play at bloody Docklands. That irks me even more than any low finishes on ladder in last decade and a half.

The following headline and some words below it are part of some article back on that Saturday morning.

Carlton Hit With Massive Penalty For Breaches

The AFL hearing against Carlton took place Friday evening, Nov. 22. Representing the club were new president Ian Collins and CEO Don Hanly. The hearing dragged on late into the night with Collins vigorously pleading the club's case.

In the end, the Blues were fined a whopping $930,000 and have lost picks in this year's national draft, the preseason draft, and in next year's national draft.
Details of the punishment are:
- the fine
- its number one and two picks in Sunday's national draft
- its second and third round picks (numbers 31 and 34 overall)
- exclusion from the first round of December's pre-season draft
- exclusion from the first two rounds of the 2003 national draft.

Club president Ian Collins said the club would consider its legal options to challenge the AFL ruling, but was non-committal whether there was grounds to do so to prevent Sunday's draft from proceeding. "A fine of this magnitude in the AFL competition, which is very fragile ... would put any club on the brink," an angered Collins said.
And considering the club is believed to be on course to already post a financial loss of at least $500,000 in 2002 – there are legitimate concerns amongst the new Blues board that the club will be unable to pay the fine – which must be paid by December 31, 2003.


Aftermath
The four directors implicated in the illegal payments were all removed from the club in the board election at the end of 2002. John Elliott was voted out as president, and the club sought to distance itself from him, the Elliott Stand at Princes Park was renamed the Carlton Heroes Stand

The loss of draft picks came at the time when the club needed them the most to rebuild its playing list. This resulted in the worst extended period of on-field performances in the history of the club. In the six seasons between 2002 and 2007, Carlton finished last three times, and five times in the bottom two.



As a Carlton supporter watching on the effects of on field and off field punishment of last 13 years and seeing another club mess up big time recent years in different circumstances there is a vast difference in how it unfolded. As a Carlton supporter it was like BANG, here is a punishment to deal with and both the shock of it and working out what actually happening under Ellott to get this punishment. That took some time to process and then realize the long terms effects it would have as a club for a very long time. Essendon situation has been speculated to the nth degree what happened and been years in making to get to the final punishment. Carlton's punishment was decided so quickly it was a shock to take in. Essendon's punishment decision has been so drawn out and mostly because of their own stupidity of seeing the extent of what a mess they had got themselves in. As a result the endless speculation have made it a media circus event for so long.



The punishment now is really just to the players, not the club.
The club itself has not been punished except for the part of bringing game into disrepute. That was a slap on wrist compared to what we got in 2002. They also have got any draft restrictions finished with already.

Any appeal now is also by players and not by the club.
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Yeah, but Goddard. Better to have dodged that bullet.
 
hairy biker said:
Tears of despair at the injustice of it all.

It's so unfair on the players, not just the Essendon players, but it casts a slur on everyone who has ever pulled on an AFL jumper.
The AFL is our national game, it is what the Anzacs fought for.
The players would never deliberately cheat. It is not the Australian way.
You only have to talk to Jobe, to James, to know they are decent honourable people who the system and others have let down.
But really what else would you expect; a Swiss Court looking after the interests of CAS rather than the wronged players.

It is a sad day for the players, for the AFL, for sport in this country, but also, even more importantly a sad day for Australia.
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dc86126be3f7395536c1eda85c4c9307.jpg
 
These 34 certainly don't want to die wondering ...

Whilst acknowledging it is their right to appeal if they so choose, it's just another example of how out of touch with reality the world of these footballers is. Are they so infantilised and coccooned that the fact that actions have consequences doesn't even register with them? There is some heavy duty pissing in their pockets going on, and evidently has been happening since day one given the reaction to the CAS verdict. Stamping your feet that strict liability isn't fair and should not apply despite all the education because we're great blokes and it's the AFL just doesn't cut it.
 
Love the AFLPA/PR machine at work: "fundamentally these players have a right to justice".

What about the other non-Essendon players?

What about Mitchell and Cotchin... where's their heckin' medals you heckin' prick? Is justice letting players take the field against a team that's pumped up full of steroids?

We've had justice already, and these cheating dogs already got an entire' year off their suspension because of all the legal *ery they pulled... but that's apparently not good enough.

C'mon CAS. Dismiss this bullshit already so the lawsuits can start rolling in :D
 

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DinoSoar said:
These 34 certainly don't want to die wondering ...

Whilst acknowledging it is their right to appeal if they so choose, it's just another example of how out of touch with reality the world of these footballers is. Are they so infantilised and coccooned that the fact that actions have consequences doesn't even register with them? There is some heavy duty pissing in their pockets going on, and evidently has been happening since day one given the reaction to the CAS verdict. Stamping your feet that strict liability isn't fair and should not apply despite all the education because we're great blokes and it's the AFL just doesn't cut it.
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There has been a lot of pissing in pockets since day 1 of this disgrace
 
#JusticeForThe34

It has to be said - that the players not only have the right to appeal, but, given the nature of the hearing by CAS, their chances of ever being cleared were nil, simply by the way it was approached by WADA.

Make no mistake - this is a big deal. The sporting world is watching and there will be a discussion about "comfortable satisfaction" and it's application. In order to be anyway properly legal, comfortable satisfaction should be really set at beyond reasonable doubt level.
 
pazza said:
#JusticeForThe34

It has to be said - that the players not only have the right to appeal, but, given the nature of the hearing by CAS, their chances of ever being cleared were nil, simply by the way it was approached by WADA.

Make no mistake - this is a big deal. The sporting world is watching and there will be a discussion about "comfortable satisfaction" and it's application. In order to be anyway properly legal, comfortable satisfaction should be really set at beyond reasonable doubt level.
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The sporting world has been watching for three years now, and are now comfortably satisfied that Australian sportspeople are the biggest hypocrites in the world. Happy to sink the slipper for those cheating foreigners, but our boys are good blokes who have been treated unfairly.
 
Cronos said:
The sporting world has been watching for three years now, and are now comfortably satisfied that Australian sportspeople are the biggest hypocrites in the world. Happy to sink the slipper for those cheating foreigners, but our boys are good blokes who have been treated unfairly.
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How can I like this 10 times?
 
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