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

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tesla1962

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There still appears to be no official word on when the Dank finding will be handed down. "In a matter of days" is about as good as it gets.

Have to wonder if the Dank finding will come before or after the ASADA appeal deadline? With only about 5 days left - and counting - it's not going to leave ASADA much time for consider if it does come prior.
I really don't get the need ASADA to see the Dank result before appealing unless I am missing something. The reasons for the not guilty finding related to uncertainty that what was imported was even TB4, let alone whether it was used by Dank at EFC, whether it was enough, on which players etc. Given that the tribunal also heard all the Dank evidence I am not sure how a Dank verdict would provide anything 'further' for ASADA to appeal the players decision, unless their is a gross inconsistency in logic when the two findings are put side by side (pretty unlikely). Is there something I am missing that is not politically driven?
 
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Dan Cooper

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I really don't get the need ASADA to see the Dank result before appealing unless I am missing something. The reasons for the not guilty finding related to uncertainty that what was imported was even TB4, let alone whether it was used by Dank at EFC, whether it was enough, on which players etc. Given that the tribunal also heard all the Dank evidence I am not sure how a Dank verdict would provide anything 'further' for ASADA to appeal the players decision, unless their is a gross inconsistency of logic when the two findings are put side by side (pretty unlikely). Is there something I am missing that is not politically driven?
I think you may have hit it on the head with the part I've highlighted.

I've paid far less attention to the case against Dank than the case against the players. So I don't really have a strong take on how Dank might fair at the tribunal. Perhaps in light of the poor case ASADA presented against the players their case against Dank may have been equally poor??
 

Dan Cooper

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http://www.smh.com.au/sport/as-cloc...ial-dank-finding-20150415-1mlths.html?stb=twt

6 days before ASADA's appeal window expires, Fairfax Media has confirmed that boss Ben McDevitt was assured he would have by now has not been provided by the AFL's anti-doping tribunal.

The information concerns former Essendon employee Stephen Dank and – crucially – whether the AFL anti-doping tribunal has found the sports scientist guilty of any of the more than 30 anti-doping rule violations he is alleged to have committed while working for AFL clubs Essendon and Gold Coast.
 

Dan Cooper

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AFL spokesman Patrick Keane told Fairfax on Wednesday night that the league had received no indication from the anti-doping tribunal as to when it would announce its finding, and reasoning, about Dank.

"The AFL has not been advised at this time of any publication date by the anti-doping tribunal of its decision regarding the Essendon support person," Keane said.

"The anti-doping tribunal will take as much time as it needs."
 

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Mercurial89

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Dank had no representation, charges were brought and not defended. AFL made a submission on what should occur to this person so the tribunal know what punishment is sought.
Its a bit messy that ASADA are left hanging in their appeal window without having all the information they require. Im not defending ASADA or saying that they should appeal just that if the system were to work properly this should have been done, so they had all info in front of them.

Its not a great look and lends credence to conspiracy theories on the validity of the process.
I can understand where the angst is coming from is all im trying to say.
 

BrunoV

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AFL spokesman Patrick Keane told Fairfax on Wednesday night that the league had received no indication from the anti-doping tribunal as to when it would announce its finding, and reasoning, about Dank.

"The AFL has not been advised at this time of any publication date by the anti-doping tribunal of its decision regarding the Essendon support person," Keane said.

"The anti-doping tribunal will take as much time as it needs."

You have to wonder whether they are afraid of getting sued.

You never know how what you've said can be defamatory and the way in which that specific comments (as opposed to the general notion) cannot be proven to be true and can, in fact, be defamatory.
 

Dan Cooper

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You have to wonder whether they are afraid of getting sued.

You never know how what you've said can be defamatory and the way in which that specific comments (as opposed to the general notion) cannot be proven to be true and can, in fact, be defamatory.
Most thought Dank was a laydown misere to just cop the biggest whack the tribunal cared to hand down - particularly with him not appearing to contest his charges - but now I'm really starting to wonder whether the tribunal is going to be able to pin much, if anything on him?
 

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Richard Ings ‏@ringsau 2h2 hours ago
As forecast, the AFL missed the 1 Jan deadline to implement the 2015 WADAC so a Feb positive is stuck in '14 rules

Richard Ings ‏@ringsau 2h2 hours ago
@terencephilip1 ASADA has the function to ensure sports have WADA Code compliant rules If sports don't ASADA report a breach. To the ASC


So the 'Collingwood 2' are facing a max of 2 years, not 4, had a bit of a win there & if indeed it was laced cocaine & they copped to that, I would assume there would be a discount.

& it looks like the AFL are in breach of their agreement with WADA...'poor governance' anyone?...
 

Walesy

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Most thought Dank was a laydown misere to just cop the biggest whack the tribunal cared to hand down - particularly with him not appearing to contest his charges - but now I'm really starting to wonder whether the tribunal is going to be able to pin much, if anything on him?
Seems the only thing they can pin on him is the Gold Coast angle- but then the question of no GC infractions would be asked.
 

Dan Cooper

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Seems the only thing they can pin on him is the Gold Coast angle- but then the question of no GC infractions would be asked.
Good point.

Starting to wonder whether Dank is gonna get off lightly, or even walk here?

Little wonder McDevitt was so angry and frustrated on April 1 - he would have been briefed how the tribunal case went and perhaps already feared Dank would soon be thumbing his nose at them - and perhaps suing them as well.
 
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cymarak

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Dank had no representation, charges were brought and not defended. AFL made a submission on what should occur to this person so the tribunal know what punishment is sought.
Its a bit messy that ASADA are left hanging in their appeal window without having all the information they require. Im not defending ASADA or saying that they should appeal just that if the system were to work properly this should have been done, so they had all info in front of them.

Its not a great look and lends credence to conspiracy theories on the validity of the process.
If ASADA lose the Dank case, despite Dank not contesting it, then there are only 2 possibilities for mine:
1. the fix is in; or
2. ASADA are even more incompetent / mindlessly bloodthirsty than previously thought - they prosecuted someone with a case so weak it can't even win when unopposed
 
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