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

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BrunoV

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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 still have to make out a doping case to comfortable satisfaction (which is closer to balance of probabilities than not).

Hard to do that when the evidence relied on is incomplete.
 
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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.
As I said before, McDimwit has already publicly stated they aren't required so I really can't see how stating that will lessen the negative impact.
 

DapperDon

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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.
Yep for sure. It gives them an out after they so comprehensively ****** everything up. The place needs a makeover because if we did actually cheat and they can't prove it why are they even an organisation.

Hopefully it's all over Monday. Doubtful but still hope.
 
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They still have to make out a doping case to comfortable satisfaction (which is closer to balance of probabilities than not).

Hard to do that when the evidence relied on is incomplete.
You either have the evidence or you don't Asada none of this "We reached the bare minimum of our case being worthy to proceed" bullshit bloody shits me.
 
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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.
this means that SALADA could alter the statements they have and no one would be able to discredit it
 

cymarak

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That's the farce part. It just the right to call any witness to a legal hearing would seem to be a legal cornerstone.
I don't think it's a fundamental legal right to be able to force any witness you like to have to testify, especially when it's not even in a proper court and no-one's accused of anything criminal.

Otherwise, why can't the players call Demetriou, Clothier and McLachlan and force them to appear ? How about David Evans ?

EDIT: no-one's taking away ASADA's ability to call witnesses. They're just not being given a right to force witnesses to appear.
 

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MNC Bomber

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So all the players' lawyers have to say is 'can you prove these statements are what was actually said ?' and ASADA are stuck ?

or just say " Shane Charters told me that written statement was bullshit, that he never said that'
and when the recordings come on they should just laugh and say ' Thats not Shane talking, **** orf"
 

60sbomber

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So all the players' lawyers have to say is 'can you prove these statements are what was actually said ?' and ASADA are stuck ?
I think McDickhead has already said they will use tapes of the interviews, so, as a long as they submit the full interview, and they are not edited, he will be able to say it is what they said.
 

Rebellya

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this means that SALADA could alter the statements they have and no one would be able to discredit it
They can even lie by omission. Do they play all the testimonial in the tribunal, or just the bits that they think are important?

They can leave out any of the parts the recording where respondents show doubt, hesitate or even provide information that would counter their own beliefs.

On top of that, who is to say that the people being recorded are actually the witnesses?
 

Dan Cooper

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I think McDickhead has already said they will use tapes of the interviews, so, as a long as they submit the full interview, and they are not edited, he will be able to say it is what they said.
If we can believe Charter, ASADA have a penchant for not only deleting things, but also adding things. At least they can't add to the video :D
 

Dan Cooper

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Martin Hardie on 3AW this morning >

 
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Those witnesses are under the Essendon payroll though so justice is being thwarted through technicality :rolleyes:

Bunch of incompetent wankers ASADA are, I hope they're put through the sword on Monday.
 
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Martin Hardie on 3AW this morning >

Cliffs for those at work?
 

Whispering_Jack

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Cliffs for those at work?
Case could collapse by Christmas
Posted by: Jake Bourke | 12 December, 2014 - 12:56 PM

A former Essendon legal advisor says ASADA’s case against the Bombers could collapse by Christmas.

The anti-doping authority suffered a major setback in its case against 34 past and present Essendon players today when it failed in its bid to have two key witnesses – Shane Charter and Nima Alavi – subpoenaed by the Supreme Court to appear at Monday’s tribunal hearing.

Martin Hardie told Nick McCallum that ASADA barely had a leg to stand on entering the hearing.

“I think ASADA have gone too far to withdraw at this point but I can quite possibly see the whole case collapsing,” the former Essendon advisor said.

“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.”

Mr Hardie demanded a new anti-doping authority in Australia.

“I said to David Howman, the director general of WADA, in June last year that the way ASADA was running this case would set the anti-doping cause back 10 years in Australia and what’s happened in the last 18 months has only confirmed that,” he said on 3AW.

“ASADA has destroyed any credibility it had with the Australian community and we really need a new system – one that works, one that respects athletes and respects sport.”

Mr Hardie was asked whether he thought Charter and Alavi could appear at the hearing by choice.

“From what I understand, I think that’s very doubtful,” he said.

LISTEN: Former Essendon legal advisor speaks with 3AW
 
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