Essendon Players choose their Judge

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Satan

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Nov 16, 2004
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http://www.theage.com.au/afl/afl-ne...elman-to-judge-dons-case-20150616-ghpjk6.html

The chairman of the ABC, James Spigelman, and a Belgium-based barrister will hear the World Anti-Doping Agency's appeal in the Essendon case at the Court of Arbritration for Sport.

Spigelman, a former chief justice in NSW who is midway through his term as chairman of the ABC, was nominated by the 34 current and former Essendon players to sit on the upcoming case at CAS. WADA has nominated Romano Subiotto, a Swiss-born British barrister and QC who practises in Brussels and London and is experienced in anti-doping cases, as its representative.

This leaves the CAS to make its appointment and complete the three-member panel that will hear the case – expected to be heard in either Lausanne, Switzerland, or in Sydney. It is up the panel to decide where the case is heard, subject to the court's approval.
 

Akka76

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Can someone find out if any identities associated with this mess (Evans, Fitzpatrick, Wylie, Little, Demetriou, McGuire etc) sit on any Boards with this bloke?

http://about.abc.net.au/profile/the-hon-james-spigelman-ac-qc/

James Spigelman AC QC
ABC ChairmanBA (Hons) LLB, Hon. LLD1 April 2012 – 31 March 2017

James Spigelman was the Chief Justice and Lieutenant-Governor of New South Wales from 1998 to 2011. Between 1980 and 1998 he practised as a barrister in Sydney and was appointed QC in 1986. Between 1972 and 1976 he served as Senior Adviser and Principal Private Secretary to the Prime Minister of Australia and as Permanent Secretary of the Commonwealth Government’s Department of the Media. From 1976 to 1979 he was a member of Australian Law Reform Commission.

Mr Spigelman has served on the Boards and as Chair of a number of cultural and educational institutions including: Chair of the National Library of Australia between 2010 and 2012, Member of the Board of the Australian Film Finance Corporation between 1988 and 1992 (Chairman between 1990 and 1992), Member of the Board of the Art Gallery of New South Wales between 1980 and 1988 (Deputy Chairman between 1983 and 1988), and as President of the Museum of Applied Arts and Sciences between 1995 and 1998. In November 2012 he was appointed a Director of the Board of the Lowy Institute for International Policy. In 2013 he was appointed a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.
 

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Satan

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jenny61_99

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Can someone find out if any identities associated with this mess (Evans, Fitzpatrick, Wylie, Little, Demetriou, McGuire etc) sit on any Boards with this bloke?

http://about.abc.net.au/profile/the-hon-james-spigelman-ac-qc/

James Spigelman AC QC
ABC ChairmanBA (Hons) LLB, Hon. LLD1 April 2012 – 31 March 2017

James Spigelman was the Chief Justice and Lieutenant-Governor of New South Wales from 1998 to 2011. Between 1980 and 1998 he practised as a barrister in Sydney and was appointed QC in 1986. Between 1972 and 1976 he served as Senior Adviser and Principal Private Secretary to the Prime Minister of Australia and as Permanent Secretary of the Commonwealth Government’s Department of the Media. From 1976 to 1979 he was a member of Australian Law Reform Commission.

Mr Spigelman has served on the Boards and as Chair of a number of cultural and educational institutions including: Chair of the National Library of Australia between 2010 and 2012, Member of the Board of the Australian Film Finance Corporation between 1988 and 1992 (Chairman between 1990 and 1992), Member of the Board of the Art Gallery of New South Wales between 1980 and 1988 (Deputy Chairman between 1983 and 1988), and as President of the Museum of Applied Arts and Sciences between 1995 and 1998. In November 2012 he was appointed a Director of the Board of the Lowy Institute for International Policy. In 2013 he was appointed a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.
Does it matter? He's their appointee.
 

Muggs

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Can someone find out if any identities associated with this mess (Evans, Fitzpatrick, Wylie, Little, Demetriou, McGuire etc) sit on any Boards with this bloke?

http://about.abc.net.au/profile/the-hon-james-spigelman-ac-qc/

James Spigelman AC QC
ABC ChairmanBA (Hons) LLB, Hon. LLD1 April 2012 – 31 March 2017

James Spigelman was the Chief Justice and Lieutenant-Governor of New South Wales from 1998 to 2011. Between 1980 and 1998 he practised as a barrister in Sydney and was appointed QC in 1986. Between 1972 and 1976 he served as Senior Adviser and Principal Private Secretary to the Prime Minister of Australia and as Permanent Secretary of the Commonwealth Government’s Department of the Media. From 1976 to 1979 he was a member of Australian Law Reform Commission.

Mr Spigelman has served on the Boards and as Chair of a number of cultural and educational institutions including: Chair of the National Library of Australia between 2010 and 2012, Member of the Board of the Australian Film Finance Corporation between 1988 and 1992 (Chairman between 1990 and 1992), Member of the Board of the Art Gallery of New South Wales between 1980 and 1988 (Deputy Chairman between 1983 and 1988), and as President of the Museum of Applied Arts and Sciences between 1995 and 1998. In November 2012 he was appointed a Director of the Board of the Lowy Institute for International Policy. In 2013 he was appointed a Non-Permanent Judge of the Court of Final Appeal of Hong Kong.
I am sure WADA will be doing that to see if he does have any conflict,
Sure the players legal team(s) did check as well before selecting him.
Considering his background as a supreme court chief justice and law reformer would also expect him to decline the nomination if he did have a conflict.
 

t_ontour

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I am sure WADA will be doing that to see if he does have any conflict,
Sure the players legal team(s) did check as well before selecting him.
Considering his background as a supreme court chief justice and law reformer would also expect him to decline the nomination if he did have a conflict.
Why automatically assume a conflict of interest? Did you do the same when WADA put up their representative. Its the process mate... its all above board... campaigners like you need to accept at some point that the process has been run for 3 years and to date the players remain innocent yet caught in the middle of this ongoing mess.
 

moistie

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the process has been run for 3 years and to date the players remain innocent yet caught in the middle of this ongoing mess.
Innocent until proven guilty is the phrase you're looking for. The fact they underwent a prolonged and extensive injection program will be examined in depth and likely with a considerably lower threshold of proof than the tribunal convened by the AFL at the CAS in Switzerland.
 

t_ontour

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Innocent until proven guilty is the phrase you're looking for. The fact they underwent a prolonged and extensive injection program will be examined in depth and likely with a considerably lower threshold of proof than the tribunal convened by the AFL at the CAS in Switzerland.
YAWN..... ahhh thats right the burden of proof was too high.. thats what the problem was.. the AFL fix was on. Perhaps ASADA might actually need to do a better job of establishing that TB4 was even at the club in the first place.. small little hurdle you would think after 2 years and thousands of pages of evidence.

You forgot to you use words... "PHARMACOLOGICALLY EXPERIMENTAL ENVIRONMENT"
 

Reality rules

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YAWN..... ahhh thats right the burden of proof was too high.. thats what the problem was.. the AFL fix was on. Perhaps ASADA might actually need to do a better job of establishing that TB4 was even at the club in the first place.. small little hurdle you would think after 2 years and thousands of pages of evidence.

You forgot to you use words... "PHARMACOLOGICALLY EXPERIMENTAL ENVIRONMENT"
Just like you never use "intelligent, articulated or educated" facts in your posts.
 

t_ontour

Team Captain
Feb 13, 2015
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Just like you never use "intelligent, articulated or educated" facts in your posts.
Clever... great response....

Found that smoking gun yet... WADA might need it if you can help them...

While you are looking... give Mike Fitz a call and ask him about his round of golf with Doug Wade in the April prior to the sactions being handed down.
 

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Reality rules

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Clever... great response....

Found that smoking gun yet... WADA might need it if you can help them...

While you are looking... give Mike Fitz a call and ask him about his round of golf with Doug Wade in the April prior to the sactions being handed down.
Who cares about that?

The lawful process of appealing is occurring................... end of story.
 

Muggs

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Why automatically assume a conflict of interest? Did you do the same when WADA put up their representative. Its the process mate... its all above board... campaigners like you need to accept at some point that the process has been run for 3 years and to date the players remain innocent yet caught in the middle of this ongoing mess.
What the heck are you talking about?

I was responding to someone who asked the question does James Spigelmen sit on any boards with people caught up, basically asking could he have a potential conflict through working with the parties or prior knowledge etc

If you actually read my answer I was ruling out any conflict of interest by highlighting that the players defense would have followed process and did a check on him to ensure no conflict. Also pointed out the fact he would have been unlikely to accept the appointment if he had any such conflict.

So before assuming I "automatically assume a conflict of interest" read what I said beyond the first line..Well aware of due process and respect it.

Also suggest you do some maths its been 2 years, 4 months and a few days since all this started, so some 8 months short of 3 years.
 

jenny61_99

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My money is on it being withdrawn after Dank's appeal decision is handed down, dismissing it.

WADA would not want to be seen preempting due process and Dank's penalty will be handed down prior to his appeal being finalised.
So you think WADA will withdraw their appeal?
 

Muggs

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So you think WADA will withdraw their appeal?
Players appeal no it won't be withdrawn.

If Dank is banned for life and his guilty verdict is not overturned on appeal what's the point?

They may wait 21 days after his appeal to ensure he does not go to CAS himself but why go ahead with it if he's banned for life? Pragmatic here...

They may decide to go ahead with the administering TB4 charge and asked for it to heard at the same as the players appeal on cost grounds, possibly other EFC related charges to help build an overall case, but unrelated charges don't see much point.
 

fishardansin

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So I thought according to Essendon peeps, WADA would just withdraw the appeal. Appointment of a representative by Essendon players perhaps shows they don't think so?
It still remains in play. Should they not participate until they find out either way?
 

Muggs

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It's not appealing. It's double jeopardy.
So the established procedure of any appeal from the magistrates court in Victoria (and in some other states, and historically all states) being heard de nova is also double jeopardy? Even though it's been accepted legal practice for 100s of years?
 

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