News Dons ASADA scandal (Latest: Pg 101 - CAS verdict. Guilty, 12 months.)

[TradeDraft]

Not sure how they can argue or prove they were treated unfairly when they were asked by the CAS panel if they thought they got a fair hearing and answered 'yes'. Or the fact that they got to pick one of the three arbiters. Or the fact that they never challenged which year's version of the Anti-Doping Code applied. Or the fact that they never challenged CAS's jurisdiction to even hear WADA's appeal in the first place.

In any event, it seems (according to those more into the guts of it over on the HTB) that it will take about 5 months for this appeal to be dealt with. That takes it until mid-July. They will not be playing football this year either way.

This is really more for their reputation than anything. Oh, and Jobe's precious Brownlow too, which he should be allowed to keep anyway regardless of what happens, because he's a good bloke who is the best good bloke to have bloked in the blokey history of blokeing...

I think the players think that they where Lied Too but the Problem is they signed a Confidential Waver for the Peptides

 

[MagpieBat]

So if they appeal are they able to play until the hearing and a decision is made? If so pity those that have signed up as top up players.

Nope.

 

[MagpieBat]

I think the players think that they where Lied Too but the Problem is they signed a Confidential Waver for the Peptides

The Players genuinely believe they did nuffin' wrong.

I mean, they don't have a f-cken clue what they took, but they totz know it wasn't banned or anything...

 

[Hardas]

Real Footy (AFL) ‏@RealFooty1 3m3 minutes ago
'Essendon 34' are not seeking an injunction before an appeal of their bans is heard but they want a quick hearing

 

[ClaytonM]

Nope.

Well then I am not sure of the logic. So they sit out a season, don't get paid, then win in court. They then can't sue the club cause the club has done nothing wrong. Who do they sue then, CAS?

 

[TradeDraft]

Real Footy (AFL) ‏@RealFooty1 3m3 minutes ago
'Essendon 34' are not seeking an injunction before an appeal of their bans is heard but they want a quick hearing

So they Accepted there Bans then?

 

[MagpieBat]

So they Accepted there Bans then?

No.

They're merely not seeking permission to play while the appeal is underway.

 

[JollyBallsUp]

I think the players think that they where Lied Too but the Problem is they signed a Confidential Waver for the Peptides

They lied to the ASADA testers on every occasion when they were asked if they had taken anything prior to being tested. Open and shut case.

 

[Baltimore Jack]

Well then I am not sure of the logic. So they sit out a season, don't get paid, then win in court. They then can't sue the club cause the club has done nothing wrong. Who do they sue then, CAS?

From their perspective they just want their names cleared
They can and will sue the club because a higher decision has been made (WorkSafe charges)

 

[FuManchu]

I think the players think that they where Lied Too but the Problem is they signed a Confidential Waver for the Peptides

When all 18 tested players don't declare the numerous injections when they are tested, then it goes way beyond being lied to. It's a conspiracy to deceive.

 

[TradeDraft]

No.

They're merely not seeking permission to play while the appeal is underway.

Why Bother at Much they might play the last 6 or so games

 

[Pedro]

When all 18 tested players don't declare the numerous injections when they are tested, then it goes way beyond being lied to. It's a conspiracy to deceive.

But according to James, nobody told them not to declare the injections

 

[MagpieBat]

Why Bother at Much they might play the last 6 or so games

Without match fitness? Without a full AFL standard pre-season?

Even their own president said today it's highly unlikely they would come back this year if they succeed...

 

[FuManchu]

But according to James, nobody told them not to declare the injections

I have a number of theories about what happened. I believe Dank sold them on the idea of using banned peptides to bump up their levels to legal limits. Hence why Hird told he players they would be pushing boundaries

I think he also went advice shopping, WADA advised him to seek ASADA advice on AOD but he never pursued that.

I also think he thought if ever caught he could win a legal fight on classifications.

All speculation of course. But I think he sold Hird on these ideas. And they tried to muddy the waters of strict liability by getting players to sign the garbage waivers.

 

[Pedro]

From their perspective they just want their names cleared
They can and will sue the club because a higher decision has been made (WorkSafe charges)

I've got a little trouble with the talks of suing for compensation. They are still getting paid after all. Aren't they? Surely there is significant case of contributory negligence on their own behalf. That's what the CAS panel found anyway. I'm not sure the players have the right to claim complete innocence any more. Too many unbelievable stories about Vitamin B shots, failure to fill out doping forms etc for mine. Surely it has to at least reduce any compensation claims they have.

It won't come to that imo anyway. They'll put in a massive claim. The club certainly don't want to go to court over it and the players will receive a tidy settlement. Insurance will probably pay for it and the AFL will then try and convince us that it actually never happened

 

[Pedro]

I have a number of theories about what happened. I believe Dank sold them on the idea of using banned peptides to bump up their levels to legal limits. Hence why Hird told he players they would be pushing boundaries

I think he also went advice shopping, WADA advised him to seek ASADA advice on AOD but he never pursued that.

I also think he thought if ever caught he could win a legal fight on classifications.

All speculation of course. But I think he sold Hird on these ideas. And they tried to muddy the waters of strict liability by getting players to sign the garbage waivers.

In addition to that, I believe that the only reason they weren't all banned ages ago for the AOD is that the actually got written approval from ASADA to use it. A massive mistake by ASADA as I believe it is still a banned substance. Or not approved at least. I'm not sure if it has been admitted anywhere, but I'm convinced that's what happened and the only reason they weren't prosecuted for it.

 

[FuManchu]

In addition to that, I believe that the only reason they weren't all banned ages ago for the AOD is that the actually got written approval from ASADA to use it. A massive mistake by ASADA as I believe it is still a banned substance. Or not approved at least. I'm not sure if it has been admitted anywhere, but I'm convinced that's what happened and the only reason they weren't prosecuted for it.

Pretty much been admitted they stuffed up on that one. But Dank rang WADA knowing it wasn't strictly WADA banned because the ban was only applied when the local food and drug administration classified it as not approved for human consumption. I think Dank like to shop for the advice that suited his needs. He never followed up on WADA's advice to call ASADA IIRC.

 

[JollyBallsUp]

Why Bother at Much they might play the last 6 or so games

If would be funny if WADA rule that they cant play until there case is heard or it takes until April next season for the case to be heard and it require the players to be in attendance whilst the 2017 season is underway.

 

[JollyBallsUp]

When all 18 tested players don't declare the numerous injections when they are tested, then it goes way beyond being lied to. It's a conspiracy to deceive.

Throw the book at them.

 

[Bloben]

I believe that the players can ask for an injunction on the bans but they then risk the full two years being applied if they lose the appeal so they have decided against it.

So they are purely appealing to clear their names. The club's insurance company are footing the bill but they probably realise that whilst the players are fighting for their innocence they will be less likely to sue the club.

From what I read is that their argument is around a technicality and even if they win then WADA can start the trial again from scratch so this could be years away from finishing

 

[FuManchu]

Throw the book at them.

I think it has been already.

 

[JollyBallsUp]

I think it has been already.

If they were serious they should have go 2 years not 1 as is the case.

 

[FuManchu]

If they were serious they should have go 2 years not 1 as is the case.

They did get 2, but with accumulated time served, they had another 11 months to serve. I'm not sure how they included time they were allowed to train at the club over a year ago, but it was allowed.

 

[JollyBallsUp]

They did get 2, but with accumulated time served, they had another 11 months to serve. I'm not sure how they included time they were allowed to train at the club over a year ago, but it was allowed.

Maybe Keefe and Thomas can serve there time over a 4 year period where the get to play and stand done in the off season.

 

[FuManchu]

Maybe Keefe and Thomas can serve there time over a 4 year period where the get to play and stand done in the off season.

Nah, they deserve their whack.