Petition updateInquiry into ethics/practices of ASADA AFL WADA antidoping case against the 34 EFC playersWhy should the AFL be accountable to a tribunal in Geneva?
Philip NelsonAustralia
Jun 9, 2016
Neil Scott is a Sydney based lawyer. He writes: "Two aspects really trouble me. Firstly, we have here a private system of law, based on contractual relationships between the parties. Essentially, by “joining” their clubs, players in the AFL….....agreed to be supervised by the Australian Sports Doping Agency (itself answerable to the World Anti-Doping Agency – WADA) and to accept the ultimate jurisdiction of the Court of Arbitration for Sport (CAS), based in Geneva. Theoretically, a person entering into a contract should have the ability to negotiate its terms – but what chance did any of the Essendon players – or for that matter any player in any professional sport in Australia – have to protest the disciplinary code, particularly the dominant position of a foreign tribunal? Even supposing anyone bothered to explain to them how the procedures worked, the players had no choice – it was take it or leave it. Secondly, the procedures themselves are dubious at best. The AFL competition takes place wholly in Australia, between Australian clubs. Appropriately, the first instance hearing of the charges against the players was conducted by the AFL’s own tribunal, applying the AFL’s normal procedures. That tribunal found that the charges were not proved. WADA, based in Montreal, then appealed to Geneva-based CAS. CAS appointed its own “panel”, a London Queens Counsel, a Belgian Advocate, and to provide an Australian flavour, Jim Spigelman QC, former President of the NSW Court of Appeal and current Chairman of the Australian Broadcasting Corporation. CAS brought its own procedural and evidentiary rules, significantly different from those that the players had been required to satisfy in the hearing below. Not entirely surprisingly, CAS overturned the first instance ruling and imposed playing bans on all the players. There is something wrong with a process where the rules can be changed half way through” Read the full article below. These players just want a fair hearing. That's the Australian way. Please read and share this petition by selecting the links below. Thank you for your support
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