Certain you will find the players original lawyer Grace recommended Hargreaves. Biggest issue was the silly rules that precluded Grace from representing the players before CAS.
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spot on …the whole thing is a disgrace & for them to say double jeopardy only applies to criminal cases is just splitting hairs the judgement by the tribunal was very comprehensive & yet WADA did not even have to acknowledge it nor did CAS who went a head & accepted doctored evidence …not sure about Swiss Law but I am pretty sure there wouldn’t be a country in the world that would allow that sort of rot in a court of law …at least they would have the guts to uphold their own laws obviously our politicians don’t!
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even that can’t be legal??? can it?
And that’s exactly what a component lawyer should have let happen. They should have made a very public statement that the players had agreed to the process of a tribunal and not to having the case retried in a different jurisdiction outside of Australian legal standards. I believe an injunction sought on these grounds would have very likely been successful. Again, make it about workers rights and common law being above corporations controlling lives and we could have seized public opinion.
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The absolute hypocrisy and amorality of WADA is laid bare. russian donation $ clearly count more than keeping sport clean.
The ban on Russia’s anti-doping agency RUSADA has been lifted by the World Anti- Doping Agency (WADA), subject to various conditions, in a decision greeted with dismay by campaigners.
RUSADA was suspended in November, 2015 after an independent WADA report carried out by Canadian lawyer Richard McLaren outlined evidence of massive state- backed, systematic doping and cover-ups in Russian sport.
WADA has repeatedly said since that RUSADA would not be reinstated until it satisfied key criteria on a “roadmap for return”, including recognising the findings of the McLaren Report and allowing access to stored urine samples at RUSADA’s Moscow laboratory.
At Thursday’s WADA executive committee meeting in the Seychelles, members approved a lesser version of the first point - an acceptance of the IOC’s Schmid Report, which endorsed the core findings of the McLaren Report - and set another “clear timeline” for the implementation of the second.
“Today, the great majority of the (12-person) WADA Executive Committee (EXCO) decided to reinstate RUSADA as compliant with the World Anti-Doping Code, subject to strict conditions,” WADA president Craig Reedie said in a statement. RUSADA director general Yuri Ganus told Reuters that more work needed to be done to secure the reinstatement but said Thursday’s decision was a positive sign for Russia’s suspended track and field athletes, weightlifters and paralympians. WADA vice-president Linda Helleland, the most senior member of the agency’s leadership to express opposition to reinstatement, said the decision cast a dark shadow over the credibility of the anti-doping movement.
“As an organization, WADA’s number one job is to be true to our values of fair sport,” Helleland said in a statement.
“And today we made the wrong decision in protecting the integrity of sport and to maintain public trust in the anti-doping work.
“Today we failed the clean athletes of the world.”
Although the International Olympic Committee (IOC) reinstated Russia in February, the International Association of Athletics Federations’ (IAAF) suspension remains in place.
Some Russian athletes have competed as neutrals in international competition after proving their anti-doping credentials.
WADA’s decision came despite fierce opposition from athletes and other anti- doping bodies after WADA’s review committee last week recommended that the Russian agency be reinstated.
“Today marked the biggest decision in WADA’s history, and it delivered a devastating blow to the world’s clean athletes,” Travis Tygart, head of the US Anti-Doping agency, said in a statement.
“By ripping up the very ‘Roadmap’ it created, WADA’s decision to reinstate Russia despite the nation not having met the two remaining Roadmap conditions is bewildering and inexplicable.” Grigory Rodchenkov, the former RUSADA official whose evidence did much to expose the extent of the problem, said reinstatement under the current conditions would be “a catastrophe for Olympic sport ideals, the fight against doping and the protection of clean athletes”.
Reedie acknowledged that WADA’s decision would be criticised. “When cheating is as rampant and as organized as it was in Russia … it undermines so much of what sport stands for,” he said.
“The pressure on WADA to ensure that Russian sport is genuinely clean now and in the future is one that we feel very keenly and we will maintain the highest levels of scrutiny on RUSADA’s operations and independence.”
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Why would anyone be surprised. WADA pay their way out of anything suss and all situations required.
Give Peter Dutton a job. He has got the right MO. Is he already one of yours or ours?
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Why would anyone be surprised with the hot air coming from Travis Tygart’s mouth - Most over-rated person in the Anti-Doping Movement and is known for giving soft penalties to US athletes.
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According to the WADA media release, there were 2 opposing votes - a WADA VP and Oceana region rep ( covering ANZ governments) - and an abstention from the Europe region rep.
Naturally, the Olympic reps ( including AOC) were all in favour
Earlier 13 NADOs wrote a letter of protest, but unclear whether ASADA was a party to the letter.
Let’s hope an Australian journalist chases this up, including the apparent difference in views between the Australian Government and the AOC and the position of ASADA.
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In the 5 years I have been involved with the Essendon saga and the subject of athlete’s rights, the level of corruption in sports administrations and regulators that has finally been exposed for all to see (and it will continue). For me what was a low level of exposure of mismanagement at all levels of sports administration, due to the overriding control of the sporting administrators back in 2013, has now become a weekly highlight package. But, while the likes of Travis Tygart, head of USADA, has widely criticised WADA for their handling of the Russian doping scandal and other enlightened journalists, sports lawyers etc have come out with facts that scuttle the integrity and governance of these organisations, the status quo remains.
Even the new CEO of ASADA, David Sharpe, assured us that ASADA has overhauled and updated their protocols in such a way that an Essendon-like case could never occur again. We may never know what an internal review revealed in how ASADA handled the Essendon case, and the failings of it. That assumes, of course, if a truly independent review took place. Greg Hunt’s review was a whitewash, as we all know.
One has to wonder about whether the findings and recommendations of the Wood Integrity Review and the development of the NSP will be enacted. From what has been released so far athlete’s rights don’t appear to addressed in any meaningful way. With our politics a real mess at the moment I don’t imagine much will change in the near future.
Sharpe has commented that we should all move on from the Essendon saga. Repeated FOI requests have been rejected by ASADA. I know that many of these requests were, on appeal, referred directly to the CEO ASADA (McDevitt). Recent information has come to light that the government department that administers FOI requests went over budget in drawing out repeated requests and appeals for FOI.
In 2016 I made a submission to the Australian National Audit Office (ANAO) for an independent audit of ASADA primarily based on three pillars, legal propriety, regulation and science. I was told that the Auditor-General had not included an audit of ASADA within that current year. I was also told that an audit of ASADA was an “unusual” request. It appears, at least, the ANAO, has since identified the over expenditure in the rejection of FOI requests.
Now it appears that there is a international movement forming that continues to challenge the likes of WADA. And there is plenty to challenge as we continue to read. WADA President Reedie (also vice president of the IOC) and Director General Niggli, are continuing to screw the athlete, in favour of supporting a country that ran a state sponsored drug program.
And here we are in a small isolated country of 25 million people, with a truly wonderful indigenous game, being squashed by a corrupt organisation, who continue to exist, despite world wide condemnation, because our elected governments do not have the guts to stand up and say, enough is enough. They are comfortable old men who do not want to upset or give up their place at the trough of power and money for the sake of the very people who make sport such a pleasure for so many people. Where are our leaders???
As Tony Nolan, QC, stated on Tracey Holmes program “The Ticket” in 2017, in relation to the WADA/CAS prosecution, evidence, findings and suspension, of the Essendon 34 “they were the low hanging fruit”.
We might move on in some way, and next season look to bring that premiership cup back to where it belongs. But I for one will never forget the bastards who perpetrated this injustice.
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Thanks 5Au- another thoughtful and well argued comment on the whole debacle !
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The Victoria Law Foundation is presenting a (free) symposium on the law and sport on 24 October, from 6-730 pm at the Deakin Edge, 1 Flinders St Melb.
As described it appears to be about obligations in judicial systems compared to specialised sports bodies. It should be more oreiented to the rights of individuals in sports bodies compared to rights under judicial norms.
victorialawfoundation.org.au
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Thanks 5au
This excerpt below from the WADA Foundation Board Minutes of 13 May 2015 demonstrates just how lacking in integrity WADA is. As the minutes explained, WADA prosecuted the Essendon players not because they had done anything wrong but because ‘it was important to set the right precedent’ and to lower ’the level of proof required to win {future} cases’. Just how much WADA and CAS disregard rules of evidence is demonstrated by the fact that the WADA case was based on Steven Dank administering TB4 to the players. Yet even though the AFL Tribunal had found Dank had not done so, WADA decided not to prosecute him. So, CAS found Dank gave the players TB4 even though under the system set up by the IOC and WADA (and agreed to by the Australian government and the AFL) he had been cleared of so doing. Only under IOC/WADA/CAS law could that happen.
“On the legal cases, quite a bit of money had been spent. There were a few big cases
ongoing. He informed the members that WADA had appealed on Friday the cases from the
Australian football leagues (34, potentially 35, cases). That would not help with the budget,
but it had really been felt that it was very important from the point of view of principles. The
initial decision had been questioning the ability to pursue non-analytical cases, and the level
of proof required to win the cases and, at a time when the new Code was entering into force
and putting a lot of emphasis on non-analytical cases, it was important to set the right
precedent. Those cases were being appealed at the CAS.”
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SYMPOSIUM
Howman , now with the IAAF ( which opposes Russia’s reinstatement) , saying that the WADA decision is a triumph of money over clean sport.
Howman should know about that. When he was WADA Director General he readily accepted the generous Russian voluntary contribution in 2015.
Reportedly WADA was aware of Russia’s role in doping as far back as 2010.
Perhaps Howman could now explain why Russia made that contribution to WADA.
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Whoever organised this “legal eagle” for the EFC players needs a red hot, burning, poker up the backside.
The EFC players were done over well and truly even before they even began.
There was NO defending them only a dirty AFL and EFC narrative. Wink, wink.
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So are the players aware or is there any movement to clear players names in light of CAS cases being deemed illegal?
“The right precedent…”
They accepted a ‘group trial’, they accepted that Jobe’s testimony was not admissible, they accepted the decision to discount McVeigh’s testimony on Melatonin, the accepted the decision that Dank’s other private ventures had nothing to do with the supplements he was working with and so on and so forth…
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Why should athletes be concerned about Russia. Nearly all these whinging athletes come from countries which have systemic cheating by their athletes. Spare me the crocodile tears.
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Yes but, just because they athletes from some countries ‘cheat’ in your opinion it doesn’t alter the fact WADA did over the Essendon players. WADA corruptly dealt with Essendon and just because there are some crocodile tears being spilt over Russia getting a free ride doesn’t mean we should not be using the hypocrisy over Russia to get justice
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