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- #51
some good points there, particularly imo the ones on the players and counsel agreeing to the authority of CAS to go de novo priorMy views on the grounds Lance mention for appeal, I have no legal qualifications but deal with complex contracts on a regular basis.
The players need to find an error in law 9or its application) to appeal is my understanding, that appeal needs to be made under the laws of Switzerland?
- Players said to have delayed process by court action: wrong. They specifically didn't - Agreed this is a clear mistake, However a few weeks reduction in penalty is unlikely to help with the impact, so a waste of money unless part of a broader appeal. (Also the Judge said players would have benefitted from the outcome (do CAS rules differ???)).
- They said players should have pleaded guilty and that goes against them in sentencing: how is that reasonable to plead guilty in front of a tribunal that cleared them. - Players admitting guilt was to get a Cronulla-like deal, they chose to fight and prove their innocence they didn't and the sentence was per the doping code.
- They said more players should have given evidence: all players who were asked gave evidence, and it was a 5 day window at the request of the panel
- Players who didn't mention thymosin on forms: many of them didn't and got done anyway - Players had the opportunity to run their own cases instead they chose a collective defence, they were satisfied that they received a fair hearing until the verdict was read.
- Panel found players insisted Dank didn't travel interstate, which was used to impugn players: players weren't named and that was for good reason, because that's not what the players actually said, and how do they know every single club official who's there? Panel have used that one answer by one player, by Jobe, to impugn all players - They judged this as part of the evidence the non-declaration of injections to testers would have been far more important IMO.
- The fact that the de novo appeal option didn't exist under the 2010 rules, and it changed after the tribunal sat, and they changed the rules mid-course (Were these changes were made within the WADA framework) - Players recognised the authority of CAS to hear the appeal de novo - They would have needed to bring that up prior to the case, again they were satisfied that they received a fair hearing until the verdict was read.
- Unsure why they surpressed details on the dissenting panel member and why. "Several players" only in question here likely due to having separate representation (Crameri and Prismall perhaps), so this is unlikely to benefit more than 2-3 players.
Their laws are a little strange eg http://www.timeout.com/switzerland/blog/ten-of-the-wackiest-swiss-laws




