You mean they wont win or they wont win an initial stay? I think you are right.
But if you are saying they cant play even in the very unlikely event the court thinks they may have a case. I am not sure I have seen that anywhere.
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Play Nice The CAS Appeal thread - update: appeal fails (11/10/16)
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But if you are saying they cant play even in the very unlikely event the court thinks they may have a case. I am not sure I have seen that anywhere.
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Dead serious any evidence to the contrary was ignored such as chemical analysis, customs declarations made under penalty of incarceration, statements by the company, statements by the importer etc irrelevant to his argument.
jenny61_99
Premium Platinum
They could apply for an injunction to play but they risk the penalty restarting should they lose the appeal which means a two year no discount penalty. They won't risk it.
That's irrelevant. A higher Arbitration found them guilty. That's how all judicial systems work. You know, independent judges in a higher "court" not one's handpicked one by the AFL.
Next you'll say an Magistrate's decision carries higher weight than those of the Supreme Court.
I've never quoted myself before but I'm doing now.
Bruce, who do you never respond when people prove you wrong? Why do you wimp out and post the same discredited bullshit on other threads? If you truly believe in what you are saying then respond or are you just a pathetic little troll doing his best to disrupt the boards?
Jeez..... you could almost put money on this.....
No offence but you can't be this stupid.
CAS judges said there was and clearly there was. It was molecularly weighed to 99% of TB4 so the substance actually made it to Australia, even to Melbourne Uni, so must have been compounded, and consequently to Essendon, 6 players admitted to being told they were injected with thymosin, Dank even admitted to administering TB4 to the players. What more do you want. Lucky for you TB4 was the only banned substance Essendon were nailed for as there seems there was possibly more.
Give it up as you're making a fool of yourself here.
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Start by applying a threadban on the grounds of stupidity.Where do you even start with this comment....
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Really good point.
It certainly is a national embarrassment that three Australian judge could get it so very wrong.
Thanks for reminding us of this fact
And the International tribunal comprising International judges has applied International sporting law in finding the players guilty as all hell.
Hearts to hearts
Brownlow Medallist
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Inherit the Wind - that was a good movie. If you ever watch it, you are backing the guy arguing against the theory of evolution.
Well one of that international panel was Australian.
So, the new motto is only trust some Australians? What about only trust the ones we like?
How about we just give these guys the respect they clearly deserve and save the 'they're not us' crap for the pub
Muggs
Premiership Player
That's a bit harsh on Spigelman. I know he was born in Poland, but he was only 4 when he moved here... That should be enough to classify him as an Aussie and trust worthy..
He found at least some of them guilty**as we don't know which panel member was the "one" and there is the argument about what he actually disagreed on guilty or fault.
Muggs
Premiership Player
30 days not 21.
Simple and straightforward procedures: Proceedings before the Swiss Supreme Court are very streamlined. Challenges must be filed within 30 days in any of the official Swiss languages (German, french, and Italian). English documents (including the award) need not be translated. At least in practice, there is no taking of evidence and the arbitrators do not need to testify.
http://www.arbitration-ch.org/dl/settingaside/settingaside.pdf
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Doesn't the anti-doping code say 21?
Muggs
Premiership Player
Law over rides code. Swiss procedural law says 30.
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Ok, I was googling this question earlier and the reference to 21 days sparked my interest.
http://jurisprudence.tas-cas.org/sites/CaseLaw/Shared Documents/3642-O.pdf
Matt loves Essendon
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The movie itself isn't, but some of it's content is. What do you mean but "a little bit guilty"? You are either guilty or if the prosecution can't prove it, your not. That's it. The kid probably did kill his dad but there is enough doubt to vote not guilty. Who knows if Essendon players got TB4 or it was Thymomodulin like we believe it was, but the doubt is absolutely massive. You literally saying we are a "little bit guilty" is just a Juror 3 way of looking at it. Stupid. If we are a "little bit guilty", then they should be found not guilty over the strong doubt.
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If the 34 believe so vehemently that they are innocent. Apply to the courts for an injunction to stay punishment until appeal is complete. This would be an obvious course to ensure your careers are not disrupted or finished as a cause of the suspensions. Why are the innocent sitting back and letting suspensions apply.
Or maybe they know this is not a serious appeal, maybe they know that they would lose and then risk having suspension start from end of appeal.
It all looks so shallow and all the 34 players are doing is further alienating themselves from the football community.
Or maybe they know this is not a serious appeal, maybe they know that they would lose and then risk having suspension start from end of appeal.
It all looks so shallow and all the 34 players are doing is further alienating themselves from the football community.
Muggs
Premiership Player
Understandable.
Also technically I was wrong earlier in saying law over rides code as this is not really an appeal under the code. The code itself has CAS as the highest "court". The appeal is actually being conducted under Swiss law (Private International Law Act, PILA), which covers all similar arbitration not just CAS. Similar in role to Australia international arbitration act.
Sir Hugh Percy
BigFooty Aristocrat
Most impartial observers are comfortably satisfied it was TB4 based on the evidence presented. Only the more deluded Essendon supporters believe it was thymomodulin because Dank said so, and that's what they want to believe. Present some evidence that thymomodulin was even on site.
Matt loves Essendon
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Present some evidence that TB4 was even on site....
Remembering it's on the prosecution to prove guilt, not the other way around...
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If you are not satisfied tb4 was used that is your prerogative, to expect others to sit here and justify to you that legally tb4 is on site is a joke. Accept the facts as determined by experienced adjudicators.
TB 4 was used, they cheated. It has been proven.
