Play Nice The CAS Appeal thread - update: appeal fails (11/10/16)

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Linda_Lovelace said:
Sigh, here we go again http://www.heraldsun.com.au/sport/a...t/news-story/7173f7b5995d75b43e1cc13ac3571ab0

YET another appeal in the never-ending 1345-day Essendon drug saga is not out of the question despite ASADA’s insistence that the case is closed.

Today’s Herald Sun revealed lawyers in the case were exploring taking the players’ fight to the European Court of Human Rights in Strasbourg, France.

The move would require one of the Essendon 34 agreeing to push on in the fight to clear his teammates’ names.

Representatives of the players have indicated that most, if not all 34 players, are exhausted by the four-year saga and unlikely to agree to a last-ditch appeal. But lawyers are in talks over their next move.

If a final appeal was launched the AFL would again be forced to delay a decision on stripping Jobe Watson on his 2012 Brownlow Medal.

Now they are talking of appealing to the European court of human rights. Odd as they are not European?
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Lawyers horrified that the cash cow coming to an end methinks
 

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The first Federal Court case was the best bit of the whole saga for mine.

I look back on it and the fact they took legal advice off Martin Hardie, I mean, I can understand chancing your arm on Danky and his juice, but Hardie and his cracker theories on supra-national bodies denying natural justice to individuals?

These theories may hold some weight when discussing say - trade deals and the like - but an open and shut doping case?

My God.

I reckon all things considered though the person who did best was Liz Lukin, her original tactics of delay at all cost and attack and smear the investigation in order to keep the supporters loyal by and large worked. Excellent damage mitigation tactics.

No wonder the AFL rewarded her with a plum job.
 
Portology said:
Heh. Quoted for the utterly twisted idea that if it is wrong for a club to seek "special" advantages through poorly controlled substance programs it is also wrong to structure a system where industry investigating bodies might just have "special" powers unrelated to the workings of criminal or civil courts.

What rot.

Also, Entitledon have come out and basically said "**** you, you're all wrong, you've always been wrong, and you were wrong not to let us off on legal jedi-mind-trickeries" to all and sundry involved in this long saga. So apart from sending a very poor message to their supporters, how is disputing every negative "umpiring and tribunal" decision retrospectively and continuing to deny any wrongdoing not "bringing the game into disrepute" yet again?

Just for perspective pop Carlton 2002 into this model. Say they had only been penalized for an easy to prove well enough "general offence" part of their offending - a bringing the game into disrepute type offence, because cap rigging deeply offends betting markets, etc - and not for the specific offences of paying individuals off the record, etc. Let's say the players got suspended or something for being "complicit" with a salary payments program they ought to have known smelled a bit dodgy in spite of peer group pressure, so they take most of the brunt of the penalty for the specific offences for the club. And then there's a protracted multi-year administrative dispute that spills over into legal argument, all of which Carlton lose. And then they come out swinging like Essendon did yesterday...

Vlad would have seriously impaled a few people. Gillon McWetlettuce, not so much. I hope Cotchin and Mitchell enjoy their Brownlows. Haters of those two guys, let it go, there are far worse things out there, and look on the bright side: at least we won't have to watch them enjoying their medals ;)
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Hahaha
EntitleDon.
Love it.

If Jobe was the champion he's made out to be
He would hand it back straight away.
The point being he had an UNfair advantage that year.
Whether he knew it or not is irrrelevent as it is now proven.
Give it back.it is simply the right thing to do.
If he doesn't he should be even less respected by the footy world.
 
Muggs said:
15 of November is the date for Jobe

The AFL Commission will meet on November 15 and make a call on stripping Watson of the game’s highest honour.

http://www.heraldsun.com.au/sport/a...t/news-story/7173f7b5995d75b43e1cc13ac3571ab0

Also
www.afl.com.au/news/2016-10-12/watson-brownlow-decision-by-midnovember-says-afl
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I was going to to say another month of entertainment .... but what is the possible timeframe if there is an appeal to the European Court of Human Rights in France?

Just asking ... it's not like it would be the first delaying tactic used in this sad, sorry saga. :(
 
My favourite bit in this saga was when I learnt from a now important ASADA witness that Dank had juiced up the whole team with naughty drugs, a year before the world was told.

Then I just waited for the world to implode for the guilty parties and despite all the squealing on here by the Hirdites, justice prevailed.

And it made me believe even more that karma is a real phenomenon.

Amen.
 

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Gillon McLachlan's Things to do today
1. Ride to work day so get Chauffeur to drop me off 1km from work
2. Delete all in the Outlook folder "Sea kayaking nut job" as over email storage limit ... again
3. Send Armaguard around to Jobe's house
4. Scrub three, they might get talking
5. Call Jobe and ask him to post the medal in, well possibly, may be.
6. Find out what "Grow a pair" means
7. Call Alan Jones back
8. Lunch with Sioux, Grabbit and Runn at Flowerdrum toasting the launch of Human Rights Commission appeal. Vlad never got that far.
9. Ask Chauffeur to pick bike up and meet me at Flower Drum
10. Pat self on back. All contentious decisions avoided
38D247AB00000578-3808793-A_buff_security_guard_has_set_social_media_alight_after_he_deliv-a-2_1474931015257.jpg
 
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NoAFLinmycomp said:
I was going to to say another month of entertainment .... but what is the possible timeframe if there is an appeal to the European Court of Human Rights in France?

Just asking ... it's not like it would be the first delaying tactic used in this sad, sorry saga. :(
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Needs to be lodged within 6 months.

If accepted (most are not) could take a while.

Claudia Peschtein after her 2009 case lodged an appeal, we still waiting for the outcome.
 
Zerrett2Jerrett said:
You're not silly. You know very well that if Essendon didn't pay the players in the year off, they'd be accused of abandoning them and so on.

And that criticism wouldn't be without foundation either; ultimately it's the club's fault far more than anyone else that the players have found themselves in this position.

So paying them is absolutely the right call.

Damned if you do and damned if you don't I guess.
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They paid them to keep them quiet and stop them sueing them for more
 
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CoggaRules said:
of course it makes no sense to your mob.. As i said, Carlton who we commonly call the tankers were sent into the wilderness back in the days because of their salary cap breaches with draft sanctions and they are still trying to recover...i.e. that is what a penalty that sends a message is all about. Your drug cheating mob, who the highest court on the planet for these things, concluded there is NO DOUBT, I repeat it just so you dont miss it, NO DOUBT that the players took banned substances and 4 years on, you have had a year where you blooded some newbies on the back of last years draft, a year where your drug cheating players had a year to relax, take a break, keep fit with no pressure and come back now and the bonus of no 1 draft pick in both drafts...like what sort of penalty is that? its absolutely laughable. And here is Lloyd you fav son stating that he would be surprised if you dont play finals next season with top 4 a real possibilty...so can you direct me to where the AFL sent a clear message that cheats will be dealt with?
FFS, clubs take 5-6 7 or more years to build a list to compete and the drug cheats 4 years on have a list that can make top 4...that is absolutely shambolic handling of club that has cheated.
On the point of Matt Shrivington, during the Olympics the Ox on the morning show asked him about Gatling and how he felt about the booing etc....Shrivos response, drug cheats deserve what they get and fact is it isnt enough and should be out for at least 4 years, because they have ENHANCED their physiques with banned substances and their physiques dont just dissappear because of in this case a 1 year holiday.
The Brownlow stuff is pie in the sky stuff...the masses are onto it, but it means SFA now...if they take it off him, if they dont means s**t, the fact is that they all should be still banned and the club should not be at the draft with pick 1 in their hands...
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Great post. Although I'm ready for the saga to be over.
Be interesting to see just how the players come back, and what kind of condition they are in.
As for the spineless cheating pathetic corrupt AwFuL, I reckon the bombers have something on them maybe the heads up they gave them (and they wonder why there is no evidence!) because surely the punishment should match the crime as the worst cheating ever done in AFL history, and the blues have every right to wonder why the hell their punishment was so much harsher.
 
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Dixie Flatline said:
AFL asked Sam Mitchell and Cotchin to present a case as to why they should be awarded the 2012 Brownlow Medal. Mitchell declined to take up the AFL's offer.



Symptomatic of the AFL's response to this entire farce.
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Omg what utter bullshit! It should be like the Olympics, someone found cheating is simply struck off the books and the next placed athlete takes their place. They don't have to prove anything! The AFL just gets worse and worse! It's a farce!
 
Muggs said:
Needs to be lodged within 6 months.

If accepted (most are not) could take a while.

Claudia Peschtein after her 2009 case lodged an appeal, we still waiting for the outcome.
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Why would they have a right to appeal to that court? After all, we are not Europeans and Australia not a member of the Council of Europe.
 
Spongebob said:
Why would they have a right to appeal to that court? After all, we are not Europeans and Australia not a member of the Council of Europe.
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We not but CAS and the Swiss court are in Europe, and its challenging a decision of these bodies. It's the decision maker that's the key not party affected.
 
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