cymarak
Go Gators !
Imagine the police knocking on your door and hauling you off to court where you're charged with 'not being able to prove you didn't murder anyone'
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SALADA/VladFL: Slap on the wrist. - STRICTLY ESSENDON SUPPORTERS ONLY
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Imagine the police knocking on your door and hauling you off to court where you're charged with 'not being able to prove you didn't murder anyone'
- Oct 9, 2003
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Burnside and Rush will absolutely make mince-meat of these charges in court if the first one is anything to go by.
Is it wise to take on city hall? As the saying goes "no one can beat city hall"
- Jul 25, 2013
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- Jul 25, 2013
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Proving negatives is always tricky, but in this case I suspect the ASADA report backs them up.
- Oct 9, 2003
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- Bolton,Clippers,Falcons,Mariners
They might not be able to use the ASADA report at all.
- Jul 25, 2013
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- Jul 25, 2013
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Side note - I love how our lawyers are coming to the fore. It's becoming very clear which ones amongst us have a background in law!
It's like the old, 'You can not prove god doesn't exist, therefore it does' kind of trick.
- Oct 9, 2003
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Any ASADA report is not meant to be used in any other investigation due to privacy concerns.
- Jul 25, 2013
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cymarak
Go Gators !
From the bit of the 7:30 Report I've seen, supposedly the legislation governing ASADA rules out joint investigations with sporting bodies.
http://www.abc.net.au/7.30/content/2013/s3825844.htm
Will have a hunt and see what I can find.
- Jul 25, 2013
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Can't they just redact the names/ identifying features of any individuals. That shouldn't have any bearing on whether or not we knew what our guys were being injected with.
- Jul 25, 2013
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very interesting... I didn't realise the investigation was joint. I thought ASADA carried out the investigation, and then provided the AFL with their findings?
- Jul 25, 2013
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It's a fundamental principle of the criminal legal system that the standard of proof in proving guilt is beyond a reasonable doubt. The case law covers what beyond a reasonable doubt is...
Not at all.
How could they say we are breaching a contract with them, bring an action regarding a breach, and then decide culpability and impose penalties.
They are enforcing a set of standards and rules. Parties can beach these rules and the afl determine punishment etc. it's comparable to a criminal system.
And I guarantee EFC will make sure the criminal standards apply throughout this process.
cymarak
Go Gators !
I agree with all of that, but if, say, Hird is not being charged with a crime (under Australian law), how does the criminal legal system come into the picture ?
Is there an established legal principle which mandates that these types of cases are treated as per criminal law cases ? Does it have a funky latin name like in dubio contra proferentem (sp?) or similar ? Or is it just a convention ? Or is there legislation behind this ?
I'm not a lawyer by any means, so am out of my depth here and am interested in learning a bit.
Exactly.Imagine the police knocking on your door and hauling you off to court where you're charged with 'not being able to prove you didn't murder anyone'
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