Essendon Players choose their Judge

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Muggs

Premiership Player
Jan 16, 2015
4,048
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Your local dark alley
AFL Club
Adelaide
The 'Code' is covered in the ASADA Act but they key is that it is a Code and not the Act.
And needs to be a code and not law.

To have a uniform law around the world would be next to impossible to get every country to enact it. Than even worse when needs to be changed to get a uniform time.

A code requires much less legislation to enact.
 

imperial_oz

Brownlow Medallist
Oct 7, 2007
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It's not appealing. It's double jeopardy.
Nonsense.

How is it double jeopardy? It is a stage in the pre-agreed process to have a right of appeal. A right of appeal exists in all forms of law to provide for for fairness to all participants. It exists for both parties in civil and criminal law.

By denying any party that right to appeal a decision that 'could' be incorrect in law or judgement is to promote unfairness under the law and that is somewhat self defeating, don't you think as the law is supposed to be based on fairness as one of the most important underiding principles.

I'm pretty sure that you wouldn't be denting the right to appeal if the tribunal had been comfortably satisfied the players had breached the anti-doping code. Would it be double jeopardy if the players used their right to appeal or would you still be insisting that appealing a decision is somehow improper?
 

Reality rules

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And needs to be a code and not law.

To have a uniform law around the world would be next to impossible to get every country to enact it. Than even worse when needs to be changed to get a uniform time.

A code requires much less legislation to enact.
Yes and every level of Government requires an Act to operate for structure, funding and process. The dude has missed the point that ASADA is not a Law Enforcement Agency and have no authority to act as such
 

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imperial_oz

Brownlow Medallist
Oct 7, 2007
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I respectfully disagree. The evidence was presented and a judgement made. There should be no new trial if the loser doesn't show the error in the judgement.
So, you want to change to code 'after the fact' because it doesn't suit your side of things? Wow, nice attitude to display. Its also contrary to how the law id supposed to operate
 

davis_756

Cancelled
May 24, 2008
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Next time you have a legal issue, represent yourself!

You won't have a long drawn out case.:drunk::drunk::drunk:
In the case of double jeopardy against essendon you would get to walk in front of the judge, have him laugh at you and then feel awkward realising you were actually seriously before kindly telling you to piss off.

So yes it would be very short and sweet.
 

fishardansin

Brownlow Medallist
Apr 6, 2008
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So, you want to change to code 'after the fact' because it doesn't suit your side of things? Wow, nice attitude to display. Its also contrary to how the law id supposed to operate
Did I have anything to do with the creation of these rules? ... Well no. I didn't even sign up to them. So what's the big deal about me complaining?
 

fishardansin

Brownlow Medallist
Apr 6, 2008
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Yes and every level of Government requires an Act to operate for structure, funding and process. The dude has missed the point that ASADA is not a Law Enforcement Agency and have no authority to act as such
Athletes have statutory rights in regards to answering questions from ASADA. AFL players have waived that ... if the AFL sit in the room and ask questions.

Anyway regarding the Federal court case the club was trying to put off the tribunal for a bit and also put pressure on ASADA to not be complete campaigners in how they dealt out the SCNs. I think that was successful.

Hird just tacked on because he was angry and either misguided that ASADA was the problem or too cowardly to go after the real target of his grievances. The AFL. It was the AFL that leaked tidbits of his testimony and that of others about him. Put together by Caro in her attempt at Rock Bottom.

He should have taken AFL to supreme court in 2013. The club and players wanted him to take the penalty because they were told it'll all go away if he does.

Bombers are now dying on their knees!
 

fishardansin

Brownlow Medallist
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You're complaining about nothing.

WADA have the right to appeal, and are exercising that right. End of story
They aren't appealing the decision though are they. An appeal would be another tribunal or court sitting in judgement of the judgement.

They deliberately avoided that. Pretty big slap in the face to the AFL and/or them deliberately dragging their feet.

I can understand a defendent dragging their feet. Having a so called model litigant behave this way is a disgrace.
 

Cuddle Bunny

Draftee
May 19, 2015
4
1
AFL Club
Carlton
They aren't appealing the decision though are they. An appeal would be another tribunal or court sitting in judgement of the judgement.

They deliberately avoided that. Pretty big slap in the face to the AFL and/or them deliberately dragging their feet.

I can understand a defendent dragging their feet. Having a so called model litigant behave this way is a disgrace.
I believe Asada chose not to appeal to the AFL tribunal, and handed over to Wada to make a decision to appeal to CAS. Correct me if I am wrong.
 

imperial_oz

Brownlow Medallist
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Did I have anything to do with the creation of these rules? ... Well no. I didn't even sign up to them. So what's the big deal about me complaining?
The big deal is you throwing around terms you don't understand, misuse them and misrepresent the situation with Anti-Doping Code. There is a constant theme that Essendon are somehow being victimised by being held to the same rules as the rest of the competition and nothing could be further from the truth.

The situation is totally in accordance with the Anti-Doping code and an appeal to CAS under that code does not represent undue harshness on the 34 players nor is it a double jeopardy situation as you have repeatedly stated. The players signed up for these rules and complaining that they are unfair when they don't work in your favour is childish.

I guess rampant hypocrisy is that big deal you raised.
 

Reality rules

Cancelled
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The club and players wanted him to take the penalty because they were told it'll all go away if he does.

Bombers are now dying on their knees!
Does not account for his comments at the initial press conference that he would accept full responsibility for the PED's saga and the subsequent public comments of being 'bullied' into accepting his penalty after it was served.

That aside, are you saying if Hird rolled the players and clubbed believed the issue would resolved?

Failing the issue being resolved and Hird serving his penalty, the players then swore loyalty to Hird for his pointless accepting of his penalty?

As a result of the players sticking to that resolve of supporting Hird, Hird now owes the players that same level of loyalty?

As WADA most likely Appeal the Tribunal decision, the players now have lost patience and tolerance with Hird because all assurances they received throughout the affair have been pointless and failed to solidify almost 3 years later.

The collective disappointment with the players must be immense, compounded with the Goddard running around and berating them when Hird sold him a lemon also.

To paraphrase your comment of ...........Bombers are now dying on their knees! Seems to be ringing true.
 

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