Uh Oh, The CAS Panel didn’t even reach the ‘Balance of probabilities’ benchmark in the Essendon 34 case.
Fact Checking The Court for Arbitration of Sport (The CAS) #3
As Justice for the 34 will show, none of the sporting or governing bodies involved in the investigation, interim reports, and prosecution of these players have given the appearance of objectivity in the selection of evidence.
None of the sporting or governing bodies involved in the investigation, interim reports, and prosecution of players, perhaps with the exception of the AFL Tribunal, have given any regard to whether evidence could be regarded as expert or scientific. In fact, some supporting evidence needed to be discounted on the grounds of relevance.
The sporting and governing bodies involved in the investigation, interim reports, and prosecution of the players ran their own agenda in order to achieve a preconceived outcome. As a result, the outcome that was reached contains numerous factual errors and is based on suppositions which in many cases are unsupported.
For example, in this case, The CAS stated “the standard of proof is comfortable satisfaction…this standard of proof in all cases is greater than a mere balance of probabilities but less proof than beyond reasonable doubt”.
Expert opinion indicates The CAS Panel not only failed to meet this standard, they fell well short. If Dr Sawyer is right, The CAS Panel didn’t even reach the ‘balance of probabilities’ benchmark. How could The CAS Panel make this statement, say the players were guilty based on evidence from unreliable third party sources, and then keep a straight face?
Justice for the 34 believe the prosecution of the case was built on inexact proofs, indefinite testimony, and indirect inferences that do not reach the standard of ‘comfortable satisfaction’ and therefore has no place in Australian sport.
Innocent or guilty, we just want the players to receive a fair go. That’s the Australian way.
Therefore, Justice for the 34 requests an Independent Inquiry in order to:
Investigate and consider all the relevant facts so they are publically available. To date, the evidence against the players has been based on taking ‘bits out that might compromise what we need’.
Investigate the role, motives and ethics of each sporting, government body and the media during the investigation and prosecution of the case.
Identify if any person or organization has breached an Australia law during the investigation and prosecution of the case; make sure everyone is held accountable for their actions; and if warranted, prosecute the offenders.
Investigate a mechanism for a review of this matter in Australia to ensure the players are given the opportunity to clear their names if they so wish.
Review and amend legislation and rules so any identified injustices can never happen to Australian sports people again.
Thank you for your support.
Please sign our petition and like this video.
For further information, contact Justice of the 34 via their Facebook page.