Thanks. Have not read it, but , from the extract, the authors were wrong in regard to CAS powers, which do not extend to subpoena of witnesses. You will recall also that an Australian court rejected the ASADA request to subpoena certain witnesses for the AFL tribunal.
However, as CAS deemed the source of the substance irrelevant to the strands in the cable approach, it is doubtful that it would see the need for such witnesses.
Do you know the name of the authors? Perhaps they could do a comparison of the CAS approach to evidence in non analytical cases, as in the E34 case and the Russian Levkov case.
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Thorpe, David
Senior Lecturer, Faculty of Law, University of Technology Sydney
Was he an ex Bulldogs player?
I’ve been able to access a pdf of the article through my uni and (while I haven’t read it yet) they do make reference to the rejection of ASADA’s subpoena requests, saying that once it reached CAS there are provisions under the International Arbitration Act to issue subpoenas.
(I’ve got no idea about the validity of that, just sharing their reasoning)
If anyone is interested in reading it then PM me your email address.
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I read the article (fairly quickly) but I think we could summarise it by saying that -
given CAS based their decision on hearsay evidence that wasn’t supported by interviews with key witnesses (Dank, Charter, Alavi, Xu), and the players’ lawyers were therefore deprived of the opportunity to cross-examine those witnesses, we will never know if the players were in fact injected with TB4.
(so how the fark could CAS know).
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Here is another one by the same author where we get a mention :
He puts forward some interesting arguments about estoppel and liability of the 34 and Hird.
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The protagonists that corrupted the process and deprived the E34+3 from justice should be estopped from breathing.
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The Bulldogs player would be 71, not sure he is that old.
The below link shows his picture and refers to other papers he has done, one related to Essendon (probably mentioned above).
I get them also.
it would only be cannibalism if he was human !!
Did I miss something?
Does anyone know what happened to the Bomber Thompson court case?
No?
Although I assume he wasn’t stupid enough to return to Victoria.
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I wondered about this recently and checked the reports from last time he was in court and it said the trial was set for either June or July this year, I think.
Oh.
I hope he is OK.
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Various news articles report the following:
Thompson, 54, will face a three-day contest hearing in June 2019.
On its website, ASADA has taken to describing the adverse health effects of certain drugs taken by those found guilty of WADA code violations.
No mention of performance enhancing effects, probably because ASADA does not know ( as with TB4).
WADA is now proposing a let out for what it calls “abuse” drugs ( such as cocaine). Cocaine is only banned for use at the time of an event. In the event of a positive test on that day, WADA is proposing a slap on the wrist defence if it can be demonstrated that it was not taken on the day of the event and that it was not performance enhancing on that day.
Under current WADA rules, athletes are not permitted to challenge whether a substance is performance enhancing or has adverse health effects. But for the future, illicit recreational drugs may get a part waiver!
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That’s bizarre in the extreme
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These proposed changes to the WADA code have been strongly pushed by the Professional Sports Alliance run by Brendan Schwab. This type of AAF should only attract a 3 month penalty.
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The IAAF is being taken to the cleaners for its shonky science on gender. CAS decision suspended while the IAAF rewrites its Rules.
Why isn’t Schwab doing something about WADA rules on other substances, like making it contestible in disputes as to performance enhancing and health effects?
Athletes get picked up for much the same drugs, yet other than Essendon , who has has been picked up for TB4? ASADA, a WADA signatory, has never been able to explain its health or performance enhancing effects.
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