Another construction could be that the AFL Tribunal was not independent and that a National Tribunal - with more coercive evidentiary powers - would have found them guilty.
The AFL Anti-Doping tribunal was independent enough - I doubt a National Tribunal would adopt a different methodology if faced with the same case - It’s just that CAS made up their own methodology.
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Only if they could make a judgement based on fake evidence. There was NO evidence - even from the world’s best lab that tested secret smuggled samples - that any illegal substance was ever used at EFC.
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the fact that he was working at the gold coast suns then as well says it all really!!
Dank was never going to give any evidence he always said he refused to be interviewed by what amounted to a kangaroo court (my wording not his but words to that effect) if it had gone to a real court who knows but we all know it didn’t so there you have it …self serving yes …but totally understandable given what we know happened to our 34 at the hands of ASADA & CAS & how the media treated them & James Hird …
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Please spare a thought for Bruce Francis there is a bushfire burning near where he lives on the northern coast of NSW. I hope you and your family stay safe Bruce.
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Much discussion about how CAS decisions are final - One only has to go back to the cyclist Roberto Heras - Busted for a positive drug test during the 2005 Vuelta - He went through appeal after appeal ending up in the Spanish Supreme Court which in 2012 ruled in his favour and even awarded damages in 2017 - So CAS decisions can be appealed.
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Yeah, but EFC 34 can’t go to Spanish Supreme Court, and here we have the likes of J Mudd presiding.
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Pechstein still has one court case to come in Germany. She also secured a ruling in the ECHR that CAS should allow for public hearings ( although that did not nullify the CAS decision).
On what grounds did Herta win in the Spanish case?
After the initial guilty finding and being stripped of the 2005 Vuelta, it then went back and forth in the Spanish Court system until a final decision in the Supreme Court. This decision has been accepted by both the UCI and the Spanish Cycling Federation and Heras was reinstated as winner of the 2005 Vuelta.
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According to reports the Heras case did not go to CAS. The initial doping finding by Spanish authorities was overturned because of irregularities in the sample.
It apppears that Spanish law accords athletes the right to appeal doping findings (including by CAS) to Spanish Courts.
But, in a subsequent case involving another Spanish cyclist ( Mosquadera?) , which went to CAS , WADA claimed that if Spain were to overturn the CAS ruling, the CAS verdict would still stand at the international level.
The asserted primacy of CAS at the international level would not be an issue for domestic sports or for athletes who only compete at the domestic level. Perhaps the Australian Government could see its way to accord primacy of its own laws over CAS and WADA as part of the projected National Sports Tribunal plans,
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This is a well thought out post and makes too much sense for the blinkered politicians and their hangers on who run Australia.
Peichstein is an interesting case because her AAF was a passport violation - It’s made even more interesting because she has an unusual medical condition which can affect her blood values - And I have little or no confidence in the blood passport system.
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Any news on Bruce and family? Hope the threat has passed for him.
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This fire is now on watch so nowhere near as dangerous as it was but is not out yet.
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Haha, David Handelsman of Saga ill fame - whose evidence was brought into question by the AFL Tribunal and CAS - is one of the so-called IAAF experts who developed the IAAF testosterone test for females. That test is being challenged by reputable scientists and could go to CAS.
Handelsman, a Sydney Professor, also holds down a position in WADA as an expert developing WADA doping rules . WADA science is being contested.
No conflict of interest?
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Just been listening to the sam mike and thommo podcast, great to hear sam and thommo ripping into the afl and mike Sheehan about the saga and the injustice of it all.
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When was that podcast recorded?
If recently, why is saga stuff coming up now?
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Sam, Grant and Mike do a podcast. Probably read about the Hirdy news and off they go…
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Cycling Salas of Spain has his suspension for biological passport overturned by the Administrative Court for Sport in Spain. Will be interesting to what action will be taken by the UCI - There is also the past issue of one or two biological passports cases being stopped shortly before the Tribunal phase.
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