Philip NelsonAustralia
Oct 24, 2016
GRAHAM CORNES, former Adelaide Crows coach and media person: “There is one simple reason why Jobe Watson cannot be stripped of his Brownlow Medal award. “There is no proof he was not injected with, nor did he ingest any substances that were banned under the WADA code.” “The AFL Anti-Doping Tribunal could not determine that the Essendon players were injected with the banned substance Thymosin Beta-4.” “CAS, with its different jurisdiction and much lower burden of proof, performed legal gymnastics and in some instances drew imaginary lines to connect the dots to find 34 players guilty of doping violations. “The CAS’s reliance on “strands of evidence” to form a cable of truth which condemned the players has been roundly criticised by legal and lay minds alike.” “Many of the strands have been rebutted and most will not withstand further legal scrutiny.” “CAS claimed that the majority of players did not correctly fill out their doping control forms which should list substances taken within seven days of their tests.” This is misleading. Only 15 players, as McDevitt confirmed to the Australian Senate – Hansard, 3 March 2016 – were drug tested during the period and at least eight or nine filled out their forms correctly. “In Watson’s case, he was tested in January 2012 and on July 12. He was injected before February 2012 and refused to be injected by the end of April.” “He had nothing to declare on his DCF before those tests.” “The WADA code demands Olympic athletes lose gold medals if they test positive to banned substances.” “Jobe did not.” “To take away Jobe’s Brownlow, the Commission needs to be completely satisfied that Watson breached the WADA code.” “Jobe did not.” http://www.adelaidenow.com.au/sport/afl/expert-opinion/graham-cornes/graham-cornes-essendons-jobe-watson-cannot-be-stripped-of-brownlow-medal/news-story/1de090afd6678b16c419892f7f1f7209 DARREN KANE, a Sydney sports lawyer: “AFL's 2010 Anti-Doping Policy contains precisely no provision mandating the handing back of Brownlow Medals, or other such honours.” “The 2009 version of the WADA Code – on which the AFL's applicable anti-doping rules were based, likewise contains no on-point requirements.” “The WADA Code does at article 9 talk about the "forfeiture of any medals, points and prizes". But article 9 is only adopted for individual sports.” “The awarding of the Brownlow Medal is governed by regulation 21 of AFL Regulations.” “However, a separate section provides that the AFL Commission may, in its discretion, determine that a player "is not eligible" for honours including the Brownlow, if the player "is found guilty of an offence under the AFL Anti-Doping Code", or if he breaches the AFL's illicit substances policy or other rules.” • “First, for the AFL to act it must be the case that it was conferred with this discretionary power in 2012, when the relevant doping conduct occurred.” Did the AFL Commission even have these powers in 2012? Darren Kane said the earliest version of the AFL Regulations he could readily locate was effective from February 2014. • “Second, the precise language of the AFL's rule is set in the present tense, in that the AFL Commission may determine that a player IS NOT eligible for the Brownlow Medal.” “The relevant rule does not expressly empower the AFL Commission to make a decision about retrospective eligibility, four years after an award has been presented.” • “Third, even if the relevant powers existed in 2012; and even if you accept the proposition that those rules empower the AFL Commission in relation to prior years – and not only to make declarations of eligibility for the present season – the power conferred on the Commission is discretionary.” “The AFL tribunal's original "not guilty" judgment, handed down in March 2015, was logical; the CAS appeal decision last January is less so.” “One is left with a lingering confusion, as to precisely how the CAS was so resolute in determining guilt. Does this opaqueness warrant the Commission not exercising its discretion?” “Ben Cousins was awarded the Brownlow in 2005. Two years later, the AFL expelled him from the game for 12 months for bringing the sport into disrepute – he was arrested a month earlier, for drug possession and other shenanigans.” “Did the AFL have the power to strip Cousins of the Brownlow in 2007? On one construction of the rules, maybe (if they were in force, and if you accept the Commission can deal with Watson). If so, why didn't it?” “Googling "should Ben Cousins lose his Brownlow?" reveals no weight of keyboard-based rage. Replace Cousins' name with that of Watson, and my Mac goes postal. There's something not right about that.” http://www.brisbanetimes.com.au/afl/essendon-bombers/heres-why-the-afl-cant-strip-essendons-jobe-watson-of-his-brownlow-medal-20161020-gs6t2m.html Kindly read, consider, and sign this petition. If you have already signed, please ‘share’ and then ‘like’ this petition using any of the links below and/or your own social media platform. Thank you sincerely for your support.
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