- Apr 24, 2013
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Fair call.
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How will you react to an appeal?
- Thread starter andrewb
- Start date
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Fair call.
- Thread starter
- #77
Yeah but if they did have a test for exogenous tb4 and the samples came up clean then the players could be exonerated, no?
They can only go there if they feel there is an error in law. CAS always cover their arse very well. They are forever turning over biased hometown decisions. Winning a CAS appeal is as rare as hen's teeth, might've been successful once, hence very few even bother as they are wasting a few hundred thousand bucks. Welcome to waste your money though.
- Jun 17, 2014
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- ASADA
Your aware that's not a CAS issue on why they weren't treated separately? It was the lawyers fault lol
sherb
Hall of Famer
I'd react with astonishment.
Maybe they could test Lance Armstrong's samples too, and Marion Jones. They'll come up clean.
It doesn't. It's only if they aggrieved party feels there is an error in law.
Good luck to them. They don't deserve to cop it, just so we can all put the sideshow behind us. If there is an appeal process, hook in.
How can they feel they are innocent? None of them can verify what substance went into their bodies. They did not check with ASADA. There is no receipt of checking. They went on the word of a guy who refuses to release his records. There can be only one logical reason for this Andrew. Only one.
evo
Let's hit the f*ken road!
Dumplings on the menu
- Aug 23, 2011
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- Grand Finals at the Gabba
I would laugh. They funny bit is now that they're banned, they stay banned until a decision is overturned. We know how long these appeals take, so it's gonna make no difference even if they win.
- Jun 24, 2014
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Of course they're entitled to appeal, and I think they will too. It's the grounds though, pretty narrow, consisting of:
- CAS didn't have jurisdiction
- Public policy grounds
- Failure to accord procedural fairness
Jurisdiction and public policy won't get a run at all. If they do appeal it will be on procedural fairness, perhaps arguing about joining the 34 players into a single hearing, and basically re-running a lot of Hird's claims in the Federal court actions one more time around (such as the exercise of AFL powers to augment the more limited ASADA powers etc). They may get somewhere with it - stranger things have happened.
Looked at a previous appeal to the Swiss Federal Tribunal and the costs award was something like CHF10,000 so it's actually a pretty cheap option for the payoff (notwithstanding what they'll have to pay counsel to do it).
- CAS didn't have jurisdiction
- Public policy grounds
- Failure to accord procedural fairness
Jurisdiction and public policy won't get a run at all. If they do appeal it will be on procedural fairness, perhaps arguing about joining the 34 players into a single hearing, and basically re-running a lot of Hird's claims in the Federal court actions one more time around (such as the exercise of AFL powers to augment the more limited ASADA powers etc). They may get somewhere with it - stranger things have happened.
Looked at a previous appeal to the Swiss Federal Tribunal and the costs award was something like CHF10,000 so it's actually a pretty cheap option for the payoff (notwithstanding what they'll have to pay counsel to do it).
cfc to aufc
Senior List
yes further entertainment
- Thread starter
- #91
Yet they happily testified to thymosin use AT and were happy to hand over the forms. Not the behavior of the guilty
I guess the appeal is going ahead then..
Supreme Court would unlikely touch it until they went through the CAS. Australian Courts don't like getting involved with sporting tribunal decisions and don't often turn arbitration decisions anyway. They'll be told they have their own Court, go there first. There's a reason drug cheats rarely take it to Court too.
Player's had the choice to go separately, nothing would've stopped them. Crameri and Prisnall did. Besides, one judge dissented from the other two on some players and gave those players a not guilty verdict. Was outvoted 2-1, so they were looked separately. No real valid argument. Swiss Court won't find any error in law there.
Looking at it...
TB4 was sourced by Charters for Dank
GL Biochem from China confirmed the shipment was TB4
Dank admitted in an AGE interview he gave the players TB4
Thymosin was on the consent form
6 players said at ASADA interviews they received
Thymosin
Text messages between Dank and Hird referring to the players Thymosin injections
No records were available
Players lied by omission by not disclosing injections.
Those last two points add to guilt in the eyes of the CAS when it comes to "comfortable satisfaction. That's somewhere the AFL Tribunal failed, who used it to site a lack of evidence. What a nasty precedent that would've set.
So, overall, if you're looking for "comfortable satisfaction" that pretty much sums it up right there. You have no real basis for an appeal under "comfortable satisfaction". CAS are forever overturning shocking hometown decisions.
All the players had to do was check their substances with ASADA then none of this would've been a problem. If you had taken a deal, when you were obviously guilty, it'd have over long ago and the way ASADA had set it up. With the "no significant fault" clause, no-one would've classified you as drug cheats. Too bloody minded to do it though. Now you have to live with that stigma forever.
Unfortunately your club drug cheated. The quicker you accept it the better it'll be. At least you know 2017 start clear finally.
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and happily concealed it from all and sundry
Only a few testified, rest didn't CAS were troubled by that. It was obviously they got it. No-one mentioned it on the ASADA doping control form, and somehow the records disappeared. Not the behaviour of the innocent. Irrelevant whether the players were aware or not.
Think it would be brilliant if they appealed. Keep the Essendon pain going.
They failed to declare the substances they were taking again and again and again.
They're drug cheats and we all know it. They aren't blameless either, as all that spin prior to the latest amount of info would have us believe.
I bet, in their guts, they know they were on the TB4.
They failed to declare the substances they were taking again and again and again.
They're drug cheats and we all know it. They aren't blameless either, as all that spin prior to the latest amount of info would have us believe.
I bet, in their guts, they know they were on the TB4.
- Jul 22, 2013
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Same LOL value as Albert's appeal.
Dennis DeNuto to go for the "vibe" defence?
One judge thought so players were not guilty but was outvoted 2-1. So they were looked at separately. Won't go anywhere. Arguing Hird's case, re AFL, will be laughed out. Good reason why every appeal there fails. One might have succeeded in all that time.
CAS have "jurisdiction" once the AFL signed to the code.
