This is double jeopardy - pure & simple - Peter Gordon certainly thinks so..

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So if the players were convicted by the AFL Tribunal and took the appeal to the CAS, would that case be heard de novo? If so, would Gordon be complaining then?
My point exactly AT. People have to distinguish between process and the decision itself. If the process is flawed what is the alternative, bearing in mind the process accommodates a variety of possible decisions?
 
As others here have said thats the process so be it. No point complaining.

But I do think people have to say the same thing about the setup of the AFL anti doping tribunal. ASADA agreed to that process/setup. Same thing here the AFL/Anti doping code allows the WADA appeal. So be it.
 
As others here have said thats the process so be it. No point complaining.

But I do think people have to say the same thing about the setup of the AFL anti doping tribunal. ASADA agreed to that process/setup. Same thing here the AFL/Anti doping code allows the WADA appeal. So be it.
But I don't mind people saying the process should be improved so long as it's not an outcome driven whinge. It's also a little annoying that these issues are only raised by posters once the process is not assisting the outcome they want. Posters on both sides (me included) fall into this trap
 

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But I don't mind people saying the process should be improved so long as it's not an outcome driven whinge. It's also a little annoying that these issues are only raised by posters once the process is not assisting the outcome they want. Posters on both sides (me included) fall into this trap

honestly believe the case should have gone directly to CAS, and the afl's tribunal be done away with. make it truly independent so no one can question the impartiality of the AFL dealing with itself.
 
honestly believe the case should have gone directly to CAS, and the afl's tribunal be done away with. make it truly independent so no one can question the impartiality of the AFL dealing with itself.
See - I agree with this. This would be an improvement. Problem is WADA would be pretty busy if this was a matter of course

I'd add that sporting bodies and teams have a media ban whilst an investigation is on foot (along with a ban on ASADA).
 
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I wasn't being silly. I was agreeing with AndrewB. It matters little to me whether you or LU think it's a waste of time noting that something is unfair or a farce, in just one or two posts mind you.

The only 'silliness' I can see is your comment about how this is affecting the players. How the hell would you know from watching the tele.
So in what ways specifically do you feel the process is unfair?
 
honestly believe the case should have gone directly to CAS, and the afl's tribunal be done away with. make it truly independent so no one can question the impartiality of the AFL dealing with itself.

In some other countries, they have a government funded independent sports anti-doping court to hear the cases in the firstr instance, rather than relying on each code to use their private tribunals.

Could be worth looking at for Australia.
 
Western Bulldogs Chairman Peter Gordon is appalled WADA is appealing the case of the Essendon 34

Western Bulldogs president Peter Gordon says he is “appalled” by the World Anti-Doping Agency move to appeal the case of the “Essendon 34”.

Lawyer Gordon acted for 2 of the players now at the Bulldogs in ASADA’s failed AFL Anti-Doping Tribunal prosecution.

Gordon was critical of ASADA’s decision to spurn its opportunity to appeal the tribunal finding, a move that opened the door for WADA to attempt what he described as a “re-prosecution” of the players.

“Any lawyer who values basic common law principles and notions of justice will be as appalled as I am that the ASADA/WADA show continues in this way,” Gordon said.

“(There is an) abolition of the right to silence, reversal of the onus of proof, hearings in secret, abolition of the rule against double jeopardy".

“It’s really disappointing and I think it is a misnomer to call this an appeal — it is not an appeal, they (ASADA) had a right to appeal and they chose not to exercise it.

“So instead, this is a re-prosecution — we don’t make people charged with serious criminal offences go through that let alone these guys.”

http://www.heraldsun.com.au/sport/a...-the-essendon-34/story-fni5fazt-1227356830938
It all goes back to the documentation being lost/destroyed.
If the documentation hadn't been lost/destroyed showing the substances the players were given were legal the case wouldn't have dragged on for over 2 years.
I remain amazed that a professional football club lost/destroyed documentation that showed the substances that were injected into their players were legal ;)
How you manage to lose/destroy such important information when you are innocent is beyond me. :rolleyes:
 
I think it is pretty harsh that the CAS ruling is basically final.

If the CAS ruling goes against the players then it's basically 1-1... 3 man independent tribunal said players aren't guilty, 3 man CAS panel says they are are. Only unlike WADA, if our players lose they don't get to do it all over again.
 

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This is double jeopardy - pure & simple - Peter Gordon certainly thinks so..

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