No Opposition Supporters CAS hands down guilty verdict - Players appealing - Dank shot - no opposition - (cont in pt.2)

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yaco55

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Problem is this is a tribunal not a court. No rules of evidence.

Reason for the affidavits was probably to strengthen it, but still they could rely on anything and it most likely would be allowed at a tribunal.
An anti-doping tribunal is close to a court - You end up at CAS and its 99% a court - The rules of evidence are so much higher at CAS.
 
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Problem is this is a tribunal not a court. No rules of evidence.

Reason for the affidavits was probably to strengthen it, but still they could rely on anything and it most likely would be allowed at a tribunal.
They can rely on anything but regardless of what they are technically allowed to produce, all evidence will be ranked according to how strong it is. Sad to say for ASADA, unsigned interview transcripts are much much weaker than a key witness available for cross examination and the tribunal will recognize as such.

Funny thing is, the three can still make statements I believe. So they might be unavailable for ASADA to question but still provide a sworn statement in support of the players.
 

expires

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ASADA can still present Charters and Alavi's testimony - no-one's denying them that ability.

Wasn't Charters problem the fact that honest spoken testimony would incriminate him on other matters? As he has been objecting to signing a manipulated affidavit, I would have thought him answering questions honestly would have been useful.

Haven't been following it closely but from a distance it seems that ASADA wanted him to be less than honest at the tribunal.
 

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ASADA will go ahead and tender "written and recorded evidence from those witnesses"

I guess their intentions are obvious now.

The transcripts are all they have and they needed to show that they made 'every effort' to get Charters and Alavi to testify so that the tribunal would accept them.

I tend to think this might be over on Monday. If they are going to this kind of effort so that their dodgy transcripts, that aren't worth the paper they're printed on, have to be used to prove that the players took banned substances.
 
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“It may even be possible the whole case collapses before Christmas.

“Then we’ll have the situation where we’ve had two years of huffing and puffing and chest beating about Essendon doing something wrong and when it comes to the crunch ASADA not being able to put up any evidence.

“ASADA have been conducting what is their normal modus operandi for two years, which is to try and bully people into taking a deal rather than going to a tribunal and putting their case.”


That's pretty much peoples thoughts.

 
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Awesome.

HTB are now arguing ASADA didn't want to win the case and it was all a strategy to stop the two turning up.

We are through the looking glass people.
Thrawn really want's EFC punished because he feels Carlton copped far worse for less and it's only fair that we get punished to the nth degree.

Would like to reply but my htb privileges are gone.
 
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cymarak

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I guess their intentions are obvious now.

The transcripts are all they have and they needed to show that they made 'every effort' to get Charters and Alavi to testify so that the tribunal would accept them.
Surely you don't get 'points for effort' ?

The tribunal doesn't say, "well, you tried hard Ben, so we'll count it as if the witnesses were actually here and said what you wanted them to say. Oh, by the way, here's a gold smiley sticker for you to take home and show your parents".
 

rumply

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It's all kinds of awesome over there at the moment. The raging is hysterical.
Yeah, also discussion on twitter that ASADA did this knowing it would fail so they can say to the trib, 'look we did everything we could' in order to reduce the negative impact of not being able to produce witnesses...which makes a bit more sense than the drivel being served up in that other place.
 
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Yeah, also discussion on twitter that ASADA did this knowing it would fail so they can say to the trib, 'look we did everything we could' in order to reduce the negative impact of not being able to produce witnesses...which makes a bit more sense than the drivel being served up in that other place.
Asada going into 'save face' mode after today.
 
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