Breaking News:Cousins Officially Deregistered from the AFL

[Jimthegreat]

How could you prove such a thing in court? There is no way to accurately and legitimatley measure that.
This idea of bringing down the reputation of the game is such an abstract concept that to de-register anyone on the basis of it is a laugh.
I think the AFL just want to make an example out of Cousins, as perhaps the one tangible thing he has damaged is the sale of WCE merchandise.

I'd imagine a judge would soon put a boundary on it. He'll tell them to go away, make concrete rules, not a "one size fits all" rule. I'm sure when it comes down to it, no organisation, from the "law of the land" downwards, would be allowed to have rules with no boundaries. Imagine that in real life, corrupt cops would have a field day.

I won't go any further as I'm getting a bit far out of my depth.

 

[rusdid24]

Not if they don't have anything concrete to charge him on. Technically (and we know it's technically unfortunately...we know the reality) a judge, IMHO, will look at that and say he is "unlawfully" being "restrained" from plying his trade and chuck it out. Remember the Williams case went 2-1 on appeal after Deisel won the in initial case and they only judged his guilt on the actual charge itself pushing an umpire, nothing in regards to "restraint of trade".

It will be interesting to see what would happen, but if I had $100 I would put all of it on Cousins not being successful and the court upholding its previous rulings dating back to 1934.

 

[SA Blue]

UNBELIEVABLE :
The guy is an addict, he has just lost one of his best mates to drugs, he is currently in rehab, he is probably right now going through the toughest time of his life. So the freaking AFL decide this is a good time to let the world know they are charging him with bringing the game into disrepute. But of course stupid Demetriou will spout about how concerned they are for his well being, with f****** friends like them you wouldn't need any enemies. The guy has NEVER failed a drug test, is right now working on trying to get straight.
Geez I really hope for ALL footballers sake Brendon Gale and the players association take a strong stand on this, this is bull**** .

Marion Jones never failed a drug test. She was still a cheat.

The fact that he never failed a test is largely irrelevant as we know he actively took drugs.

Cousins betrayed his team and his mates. I have little sympathy for his flight, justified or not.

 

[fugu]

I'd imagine a judge would soon put a boundary on it. He'll tell them to go away, make concrete rules, not a "one size fits all" rule. I'm sure when it comes down to it, no organisation, from the "law of the land" downwards, would be allowed to have rules with no boundaries. Imagine that in real life, corrupt cops would have a field day.

I won't go any further as I'm getting a bit far out of my depth.

How do you reckon defamation works then?

 

[Notus]

I have said it before, at the time he did a runner from the booze bus i was banging a girl who was in the car when he went on his midnight triathalon - pretty obvious and anyone who sticks up for him is condoning his behaviour - just because nothing has stuck don't mean squat - surprised how niave many of you are.

I thought Sam Druce was the only female in the car?

 

[Vigour]

Not if they don't have anything concrete to charge him on. Technically (and we know it's technically unfortunately...we know the reality) a judge, IMHO, will look at that and say he is "unlawfully" being "restrained" from plying his trade and chuck it out. Remember the Williams case went 2-1 on appeal after Deisel won the in initial case and they only judged his guilt on the actual charge itself pushing an umpire, nothing in regards to "restraint of trade".

OK the guy's got issues, but this smacks of a preemptive strike to beat Cousins' legal reps to the punch on a breach of contract claim? what should have happened is for the afl to have awaited the outcome of the remaining charge against him. then take it forward as appropriate.

as to bringing the game into disrepute, I would think carlton have a case to answer?

 

[rooboy07]

Nothing about deregistering him. That happend automaticly when the Eagles delisted him

Exactly....

 

[skilts]

All that being said skilts - if you know Teflon Ben or knock around with people who regularly go out with Teflon Ben, i guarantee you would not share those sentiments - ok the cops stuffed up as Ben was not personally carrying anything when they thought he was, but there is good reason he refused any forms of tests, just like when he did a runner and for Rockster - believe me Teflon Ben has more to answer for than you think.

What is sad is that he is a good mate of a close friend of mine and the guy needs help and the AFL might just be doing the guy a favour at least for 12 months, but i still do not condone what Ben has done off the park - on it the guy is a magician, but that is not under question and will never be disputed, but IMO it is a blessing in disguise what the AFL are doing.

No sporting body will idly sit back and let one of its members be associated with the darker side of life without intervening and it has every right to just like if any of you were bringing such attention to your work place - no-one would stand for it and as a lawyer, my firm would have me out on my ass in no time.

Promise me you'll never appear for the defence. Or are you a different sort of whore?

Edit: Maybe I should explain that question. Are you a commercial lawyer?

 

[skilts]

I just had a revelation.

All the trouble Benny has been in, is due to an Australia wide Polce operation to frame Benny & bring him down. It all maskes sense now, I wondered why that booze bus was set up on Canning Hwy, just when Benny was driving on it? How come they were walking around South Bank at that time of night, when Benny was passed out on the bench? Then the latest sting in Northbridge, I think Benny should have an MRI, because I think the police have somehow implanted a tracking device in poor Benny, just as well they can't track it in America. It's OK Ben, your safe there, but the minute you get back home, they will be tracking you again & trying to frame you.

Nothing to object to here.

 

[Dylan12]

I thought Sam Druce was the only female in the car?

I assure you there was more than Sam and Ben in the car, another 3 occupants.

 

[GoOsH]

Cousins pass or fail

On-Field Conduct: Pass

Off-field Conduct: See Below

i.) Private Behaviour and Public Responsibility: Miserable Fail
ii.) Private Behaviour of a Criminal Nature: Miserable Fail
iii.) Dissent and unfavourable comment: Pass

That's a checklist they would use.

what pisses me off about this is they charge cousins but you could easily charge fev, didak, farmer etc etc and they'd all be guilty on these grounds, but the AFL pick and choose who to charge, depending on whether it suits their agenda

 

[Frederlick]

and is this retrospective? or did he do something to 'bring the game into disrepute' just recently? As far as we're aware the only thing on public record is that he refused a blood test.[/quote]
Thats all they need.

 

[Dylan12]

Promise me you'll never appear for the defence. Or are you a different sort of whore?

Edit: Maybe I should explain that question. Are you a commercial lawyer?

I take it you want to get personal smart guy, if you want to have a dig at me - say it directly! I gather that you can go to work as busted up as you want without repercussions or you on the crap yourself?

Why so harsh on my profession - you do realise that most prominent leaders of the world are lawyers including the PM, most of the top guys in the AFL etc so watch who you call whore, bitch!

 

[Frederlick]

what pisses me off about this is they charge cousins but you could easily charge fev, didak, farmer etc etc and they'd all be guilty on these grounds, but the AFL pick and choose who to charge, depending on whether it suits their agenda

You are a tool. The others are amatuers at FSU (Flock'n Sheizen up)compared to Cousin's repeated and blatant disregard for what the AFL and (to be honest) the avergae fan finds acceptable. Yep the others are tools, but Cousins is a 1000 piece Sidchrome socket set compared to a lightweight like Didak!

 

[summerthebat]

This is a disgrace, if it were not for the media then Cousins has done nothing more than 'those players' from 'that club' that are protected under the 3 strike rule. He hasn't even been caught with drugs, it's all innuendo, created by the media for a 'hot' story.

This is a complete disregard for the legal system that is employed in Australia, the AFL live above it.

**** THE AFL

 

[happy_eagle]

This is a disgrace, if it were not for the media then Cousins has done nothing more than 'those players' from 'that club' that are protected under the 3 strike rule. He hasn't even been caught with drugs, it's all innuendo, created by the media for a 'hot' story.

This is a complete disregard for the legal system that is employed in Australia, the AFL live above it.

**** THE AFL

now u see where we were coming from all this time

 

[Biggie]

As if anything else was ever going to happen.

 

[skilts]

I take it you want to get personal smart guy, if you want to have a dig at me - say it directly! I gather that you can go to work as busted up as you want without repercussions or you on the crap yourself?
Why so harsh on my profession - you do realise that most prominent leaders of the world are lawyers including the PM, most of the top guys in the AFL etc so watch who you call whore, bitch!

Is it no longer a prerequisite to be a lawyer to be even a little literate? You're the one who pretended to be a lawyer. Any graduate of a law school would be ashamed to put their name to the twaddle you wrote in the post in which you described how you were rooting a woman in Ben Cousins' car while he ran away from the police.

Your every attempt at the language, as evidenced above, exposes you as a person who would never be employed in any profession which dealt with words. Then again, maybe you are employed in that profession. If you are, I need provide no further evidence than your own utterances of why I hold that profession in such contempt.

Edit: Is it OK if I call you a moron?

 

[zero]

Bringing the game into disrepute

and it is impossible to contest, because he plainly has.

 

[Teh_Nub]

and it is impossible to contest, because he plainly has.

Asif the media has also AFL has brought itself into disrepute imo not just about ben cousins and drugs.

 

[Biggie]

Asif the media has also AFL has brought itself into disrepute imo not just about ben cousins and drugs.

What?

 

[Flymaster]

Unfortunately pubic opinions means nothing when up against the technicalities of the rules and the law. Despite what we know in real terms, he hasn't failed a drug test, so he has 3 strikes to go, no criminal convictions and is up on a mere traffic charge, which he may yet get off. In reality, what do the AFL have. What the AFL will know if they stop him playing completely next year they will more than likely find themselves in Court. The last thing they'll want is for their rules to be challenged there.

Good post - that is spot on! If Cousins has the balls to fight this, it could be very embarrassing for the AFL. I suspect they will reach a compromise and that Cousins will be cleared to play again some day but not in the first half of 2008. If Cousins' rehab is successful (and I think everyone would like to see that) I wouldn't mind betting that the AFL will try to use this as leverage to get Cousins to make a public apology and perhaps even get involved as a spokesperson in their anti-drugs campaign.

 

[skilts]

Good post - that is spot on! If Cousins has the balls to fight this, it could be very embarrassing for the AFL. I suspect they will reach a compromise and that Cousins will be cleared to play again some day but not in the first half of 2008. If Cousins' rehab is successful (and I think everyone would like to see that) I wouldn't mind betting that the AFL will try to use this as leverage to get Cousins to make a public apology and perhaps even get involved as a spokesperson in their anti-drugs campaign.

Surely they'd be better off to employ a lawyer to do this. They'll do anybody's bidding, as long as they're paid enough.

 

[malreid]

Absolute double standards.

Players drink driving, brawling with court cases still pending in at least 1 case i know of, pissing on people in bars or casinos, alleged date rapes and a certain carlton player caught jacking off in a car in the 80's, getting a blowwy of your teammates wife but the AFL chooses a disrepute charge against Ben Cousins, what a bunch of pillow biters.

 

[Flymaster]

Oh he can take them to court alright, that's his prerogative, but he won't win.

Yes I should have been more specific with 'all cases are losers'. All cases challenging punishment are losers. Restraint of trade is a different kettle of fish. This isn't restraint of trade, this is Cousins maybe going to court to get a punishment issued by the AFL overturned.





Have a read of http://www.austlii.edu.au/au/journals/MULR/2001/22.html

You have answered the question yourself: If the "punishment" handed down by the AFL was an indefinite suspension and/or de-registration, would that not constitute a restraint of trade? That would be a clear breach of the TPA in my view.