Mega Thread Day 3 - Ess & Hird v ASADA - Day 2 Summaries in OP - Proceedings #86

[imperial_oz]

Where do you go with a show cause? If they are eventually enforced or re issued, is there a hearing?

No hearing for a show cause. Its like an interview question.

You respond and if youre response is good enough then no Infringment Notice is issued.

The Infrigement Notice is the first allegation of improper conduct. A Show Cause is not an allegation but a specific question to be answered formally. No allegations have been ,made against EFC players at this point in time but the spin doctors are misrepresenting that big time

 

[DonsRule]

Where do you go with a show cause? If they are eventually enforced or re issued, is there a hearing?

As said above.


Players have the chance to answer the SCN. ASADA may deem that good enough not to go further.

IF your reason is not to their liking, they were forward it to the ADVRP.

THe ADVRP will review a player submission and ASADA's submission, and decide if there is a case. (PLayer has to be given details in the SCN before the ADVRP)

IF they think there is a case - they are independent to ASADA - than they inform the AFL to issue an INfraction Notice.

From there it goes to the AFL anti doping tribunal, to decide their fate guilty/not guilty and if guilty the length of the ban.


THan am appeal process if needed /

 

[tesla1962]

Wow, way to rewrite history and demonstrate your total lack of understanding of what is happening.

The allegation that ASADA has acted illegally has not been accepted by Middleton at this point and his comments were not to do with making sure ASADA acts legally. His comments reflected the view that Justice Middleton does not want the evidence collected lost. If and only if he decides that the evidence used by ASADA was collected unlawfully and is thereby tainted as a result, he may order the SCNs to be void and need to be reissued. If there is no taint then he may allow evidence even if it is unclear whether the Act allows for such a close connection between ASADA and the AFL.

ASADA has been the subject of accusations, none of which have yet been accepted as having merit. Your comment about their incompetence being exposed is just wrong. If the decision goes against Essendon and that is entirely possible then ASADA is going to come out looking pretty good. Its all based on different interpretations of the enabling legislation and ASADA's QC did a pretty good job of clearing up much of the ambiguities.

Your comment about the players being given the evidence is also so far off the mark its borderline hilarious.

No players have been charged with anything. No players have been accused of anything. The SCNs are a part of the investigation not a part of any disciplinary process. It is analogous to questions being put to a person under investigation. ie We have reason to believe you have taken XXX. Here is your chance to have input into the process. Players can choose to respond or not respond and any response is considered BEFORE any allegations are made

No investigative agency reveals what is gathered as part of any investigation while it is ongoing. Thats how investigations get frustrated by those with something to hide.

If and only IF a player is issued with an Infringement Notice (which is an allegation of illicit activity) will he be given access to the evidence on which that allegation is based as this part of the facets of natural justice. Natural justice is one of the most important elements of Justice Middleton's task right now and it's not just justice for the players but natural justice for ASADA also.

Put your conspiracy theorist stuff to one side and look at what is actually going on. This point has been explained many times but the repeated cries of 'show us the evidence' is totally out of place.

Looking at your comments, I feel you are in line for some massive disappointments in the not too distant future.

Let's see how your ASADA barracking stacks up if le grand is correct about the judicial or senate enquiry..... Oh dear it may go the way of your other frothing

 

[moogerfooger]

Let's see how your ASADA barracking stacks up if le grand is correct about the judicial or senate enquiry..... Oh dear it may go the way of your other frothing

if everything hinges on Chip Le Grand being correct, you guys are in trouble

 

[The_Wookie]

Ok chaps. Moving discussion to the Aftermath thread.
http://www.bigfooty.com/forum/threa...o-the-aftermath-thread.1072955/#post-34517974

 

[Chief]

1 2 3