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

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Dave

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nah that was before the tribunal, at SCN stage, remember?
Yes, though I thought a tribunal date had been set when that was reported.

http://www.heraldsun.com.au/sport/a...cess-to-evidence/story-fni5f6kv-1227130037854

It's not relevant now. Even though a tribunal isn't bound by strict rules of evidence, at the tribunal ASADA well and truly have to confirm to rules that ensure a fair trial, and one of those is full disclosure. Anything requested by the defence must and will be provided. Of course ASADA are going to prosecute their case in the way they feel that has the best chance of success, but you can be utterly and absolutely guaranteed this will be all above board and governed by standard and best practice legal principles
Agreed. Regardless of the outcome, the result will be one I accept, albeit that I may not like it.
 

cymarak

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Jobe Watson

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I don't believe anyone who planned to take as big a risk as systematically doping a top level sporting team with banned substances would risk in excess of 30 players knowing about it, and expect them to all be able to keep it a secret indefinitely.

Nobody but nobody could be stupid enough to take that risk.
That's what I don't get.

If we actually told our players to lie to ASADA about the fact they were told they were getting TB4, then how stupid are we? All it would have taken was a nervous 19-year-old rookie to crack under the pressure of a multi-hour ASADA interview, or a bitter ex-employee spilling their guts for it al to unravel, and once found out it would basically remove any chance the players had of arguing "no fault or negligence."

If we have seriously done this, then ban them all and remove anyone from the club who allowed it/was there and did nothing. As I said though, I hold people like Jobe, Fletch and Hille amongst others in higher regard than that.
 

yaco55

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which again makes them look guilty. If we as a club dont have a good explanation for what happened in 2012 ASADA will provide on for us
It doesn't make look guilty - There is no compulsion for players to answer questions - You are being silly.
 
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yaco55

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I think it is a little different, the contract to compel isn't necessarily legal - they was not questioned by the legal teams.

What also wasn't questioned too (up for debate here, there are mixed view on this) was can ASADA legally force the AFL to hand over information from a private contract that gets around their statutory rules. I'm not totally sure whether that was answered. Could the police force your workplace to hand over that information. Further, can the police request your employer to ask certain questioins in their interview, bypassing the right to silence if the police interviewed you.
Legal representatives form a variety of sources had ongoing dialogue behind the scenes with the AFL - What is revealed publically is not the same as what happened privately.

And never forget that the AFL/ASADA strongly implied that nothing would happen to players.
 

Jobe Watson

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ASADA: "what do you remember about the injections you had in 2012"?
PLAYER: "no comment"

that doesnt look guilty?
If only they said "I can't recall", this would be all over by now, with the players receiving praise from ASADA for their "truthfulness".
 

yaco55

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ASADA: "what do you remember about the injections you had in 2012"?
PLAYER: "no comment"

that doesnt look guilty?
Players are not compelled to answer questions from ASADA - It's nothing to do with being guilty - And the players went into the 2013 interviews in the belief they were all clear from ASADa.
 

Matthew_Lloyd

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ASADA: "what do you remember about the injections you had in 2012"?
PLAYER: "no comment"

that doesnt look guilty?
The players don't have to say anything, and they aren't guilty until proven so. If ASADA can't prove that tb4 was inside the syringes, then the players are innocent, regardless if whether they answered the questions or not.

But in this context it doesn't matter, as Justice Middleton and other judges have pointed out, the players signed away their right against self-incrimination when they signed their AFL contracts. Even though it's shoddy and unfair, it is what it is.
 

mxett

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Players are not compelled to answer questions from ASADA - It's nothing to do with being guilty - And the players went into the 2013 interviews in the belief they were all clear from ASADa.
well their legal team failed them terribly. They should have refused to answer questions at the time and if the AFL threatened them with action they could have taken it to court
 

BRANXDON

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If the players knew they got tb4 and have been advised to lie in attempt to get off they deserve everything thats happened the past two years. Along with the club for advising them to lie. Id want 2 year bans in this case and those at the club who lied to us and advised the players to try and lie I want them put on display and publicly humiliated.

I dont believe that is what has happened but nothing would surprise me anymore. Ahh well not long until this is over.
Yeah, nahhhh, players would not put their playing careers in jeopardy as easy as that. Yes the way it was run was without a doubt dodgy, AOD being borderline and what not, but I still believe that is the worst 'drug' we used.
 

yaco55

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well their legal team failed them terribly. They should have refused to answer questions at the time and if the AFL threatened them with action they could have taken it to court
Though they were answering questions under AFL contractual conditions. I have to sheet the blame onto Evans for this oversight.
 

BRANXDON

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I think everyone understands the AFL should not have used its powers over players in their interviews. But they also can see that the players had legal representation at the time, and together they agreed to the process knowing these powers were being used. To me they therefore gave up their rights freely at the time. Furthermore, the result of this illegal use of power was that players ended up telling ASADA the truth (I hope). Isnt that what we want, the truth? How is that unreasonable?
e.g I do not know...or...i do not recall, both similar but different at the same time. Have the players had 'proper' legal advice at the time then they would have answered everything correctly as advised. They are all young men who love playing footy, NOT lawyers.
 
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