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

[Boxhead_31]

Let's be frank here.

This appeal is not about playing this year - or any year. That's the first myth debunked.

What this appeal is about is based on a few simple principles.

One - the presumption of innocence and the provenance of guilt.
Two - whether due process was followed to ensure point one.
Three - the lack of evidence to come to the second half of point one.
Four - the vague concept and application of 'comfortable satisfaction"

and

Five - the lack of application of simple legal principles across the board.

Let's face it if the players truly believe they are innocent they would be taking out injunctions to play this year, risking the full two year bans because they know they are innocent and don't fear that full ban coming into effect. That they haven't done this screams that they don't believe they are innocent but are trying to get out from having been caught doing the wrong thing by any loophole they can cling too

 

[FootyGeek]

Essendon may have to look at paying Swiss fees too, could come to $1m appeal?

I hope the exchange rate shifts and costs them more.

Then they would say that their 'insurance' covered the arbitrage loss.

 

[doppleganger]

If the players are pushing for a quick hearing, and will reportedly explore all avenues for an extraordinary early hearing....why did they wait until the deadline to lodge their appeal??

 

[Funk]

That just made the decision easier for them to make, They still genuinely believe they're innocent, They will be missing the season anyway so even if they win this appeal they have already lost. You may think they're deluded for thinking the way they do but that's the world we live in, We all have opinions and rights, They're exercising theirs.

Yep - and so did Ben McDevitt - EFC supporters squealed like little piglets when that happened.

Players have no argument against the facts - just trying to get off on a technicality again.

Still searching for Hird's "better place" - that place is ******* elusive!!!

 

[Grave Danger]

Federal Supreme Court of Switzerland. Surely they've got more important things to do with their time than this tin pot little case. If the players get a quick hearing it will most likely be to summarily dismiss the case as a complete woftam. If the Federal Supreme Court of Switzerland think the case has any merits at all it will still go to the bottom of the pile and take years for them to get around to.

 

[imperial_oz]

Federal Supreme Court of Switzerland. Surely they've got more important things to do with their time than this tin pot little case. If the players get a quick hearing it will most likely be to summarily dismiss the case as a complete woftam. If the Federal Supreme Court of Switzerland think the case has any merits at all it will still go to the bottom of the pile and take years for them to get around to.

Naaah. The Swiss courts are pretty efficient. Likely to be dealt with inside 5 months from now

 

[RegHickeyStand]

Naaah. The Swiss courts are pretty efficient. Likely to be dealt with inside 5 months from now

What year is it? Is Abbott still Prime Minister?

 

[ChrisKaias]

I would not be surprised if there is some action in Australian courts as well.

Chip made this suggestion on Twitter and as his sources are in the players' camp you'd suggest it's likely to be what they're thinking. A feeling that they have to do the futile appeal to exhaust all options then try something locally.

As someone who loves footy and the law I'm freaking loving the variety that's come out of this case and it's not ending anytime soon.

 

[Satan]

Naaah. The Swiss courts are pretty efficient. Likely to be dealt with inside 5 months from now

Would want to clear the decks before summer hols

 

[DonsRule]

Chip made this suggestion on Twitter and as his sources are in the players' camp you'd suggest it's likely to be what they're thinking. A feeling that they have to do the futile appeal to exhaust all options then try something locally.

As someone who loves footy and the law I'm freaking loving the variety that's come out of this case and it's not ending anytime soon.

Are you going to Switzerland if it is a public hearing to tweet?




Do you know French?

Do we need to organize Hird to go along with you. I'm sure he learn some in his 12 months in France?

 

[cfc to aufc]

Chip made this suggestion on Twitter and as his sources are in the players' camp you'd suggest it's likely to be what they're thinking. A feeling that they have to do the futile appeal to exhaust all options then try something locally.

As someone who loves footy and the law I'm freaking loving the variety that's come out of this case and it's not ending anytime soon.

Yes having it heard in an Australian Court that would be right Australian courts would understand the Australian culture

 

[imperial_oz]

Would want to clear the decks before summer hols

Can't go 'a yodelling' if you're stuck inside with the paperwork

 

[Moquo]

not sure "cab sav" is the correct pronunciation

Reckon he's on the claret.

 

[LanceRomance]

Chip made this suggestion on Twitter and as his sources are in the players' camp you'd suggest it's likely to be what they're thinking. A feeling that they have to do the futile appeal to exhaust all options then try something locally.

As someone who loves footy and the law I'm freaking loving the variety that's come out of this case and it's not ending anytime soon.

what would be the point in trying anything locally?

 

[Muggs]

Chip made this suggestion on Twitter and as his sources are in the players' camp you'd suggest it's likely to be what they're thinking. A feeling that they have to do the futile appeal to exhaust all options then try something locally.

As someone who loves footy and the law I'm freaking loving the variety that's come out of this case and it's not ending anytime soon.

Just read it, Noticed you replied you think it's futile. Be interesting if a local court even decides do hear it, let alone how a local court, even courts (appeal the local court? Assume first hearing single judge, appeal to full bench?) would judge it.

I've come to the conclusion in my own mind that they picked the best grounds they could to get the decision annulled rather than sent back and will try as many different courts as will hear them. If they do challenge locally this could drag on for another year or so. wonder how much more damage that will do the EFC brand, multiple appeals on technical rather than evidence or even being heard grounds.

 

[Muggs]

what would be the point in trying anything locally?

Another chance at annulment, happened in Germany.

 

[compact72]

Has an appeal been officially lodged? Time is up soon

 

[Mahlepi]

Let's be frank here.

This appeal is not about playing this year - or any year. That's the first myth debunked.

What this appeal is about is based on a few simple principles.

One - the presumption of innocence and the provenance of guilt.
Two - whether due process was followed to ensure point one.
Three - the lack of evidence to come to the second half of point one.
Four - the vague concept and application of 'comfortable satisfaction"

and

Five - the lack of application of simple legal principles across the board.

Lets be franker
1. the records that would prove what was injected into players was destroyed by essendon, as dank categorically stated that the club had the records
2. staff employed at the efc were involved in an injection program
3. the essendon doc and assistant coach was not comfortable with the program
4. the players with held information when questioned by asada
5. the afl is corrupt, and tried to save the bombers from themselves

and in short - the rest of the competition dont care - essendon cheats and cheats, time to take some medicine
to be frank we are over it, and supporters still trying to defend this joke of a club

 

[The_Wookie]

lads the bay exists for a reason.

 

[Oneiros]

Chip made this suggestion on Twitter and as his sources are in the players' camp you'd suggest it's likely to be what they're thinking. A feeling that they have to do the futile appeal to exhaust all options then try something locally.

As someone who loves footy and the law I'm freaking loving the variety that's come out of this case and it's not ending anytime soon.

There couldn't be many times in Australia that an arbitration award has successfully been put aside by appeal to a local court, I wouldn't have thought?

 

[ChrisKaias]

There couldn't be many times in Australia that an arbitration award has successfully been put aside by appeal to a local court, I wouldn't have thought?

I don't even know what the grounds or what law they would necessarily bring proceedings under. I've seen some suggested that are pretty fanciful.

 

[Boxhead_31]

I don't even know what the grounds or what law they would necessarily bring proceedings under. I've seen some suggested that are pretty fanciful.

Simples

 

[hoddo22]

Pretty good article from Mick Ellis, who has been one of the more balanced journos throughout all this.

Sorry if this has been posted elsewhere.

http://www.sen.com.au/news/02-16/th...-plan-is-so-full-of-holes#E2bQcr4UftEem5JG.97

 

[Jimthegreat]

There couldn't be many times in Australia that an arbitration award has successfully been put aside by appeal to a local court, I wouldn't have thought?

No, they don't like to overrule Arbitration awards and rarely do. It takes alot. Be very reluctant to overturn an anti-doping decision as that could set a precedent for any drug cheat to use to clear their name. Have to be something really wrong in the way to decision come about.

 

[Hearts to hearts]

Yes having it heard in an Australian Court that would be right Australian courts would understand the Australian culture

Football, meat pies, Kangaroos, secretive experimental performance enhancing drug programs and cover-ups. Strayan culture, bewdy mate.

It's been refreshing having a window of global anti-PED culture on the AFL for a change.