Star Lady 5,400 Posted August 27, 2014 'Dodgy testing equipment' could be their argument. I'm assuming the other riders tested passed. Surely if it was faulty they would have failed also. If Darcy is trying to wriggle out of this (whether under advice or not) he has gone down even further in my estimation. He can't get much lower. 2 Share this post Link to post Share on other sites
Derwent 271 Posted August 27, 2014 Cant see a technicality has been breached, Ward was selected for an alcohol test, and failed. The lawyers will be looking for even the slightest technicality. For example, when was the testing machine last calibrated ? Were the people who administered the test qualified to do so, had they been properly trained in using the equipment ? Was he given the option of submitting a blood sample for testing ? Had the people involved been near to methanol ? Was the ballot carried out in accordance with FIM regulations ? Was he given the opportunity to be re-tested ? None of which excuses him but the lawyers will be looking for any little loophole that they can find to claim that it is an "unsafe conviction". 4 Share this post Link to post Share on other sites
Skidder1 7,651 Posted August 27, 2014 The lawyers will be looking for even the slightest technicality. For example, when was the testing machine last calibrated ? Were the people who administered the test qualified to do so, had they been properly trained in using the equipment ? Was he given the option of submitting a blood sample for testing ? Had the people involved been near to methanol ? Was the ballot carried out in accordance with FIM regulations ? Was he given the opportunity to be re-tested ? None of which excuses him but the lawyers will be looking for any little loophole that they can find to claim that it is an "unsafe conviction". Spot on post Derwent. And until we all know the outcome, far better to wait and see. Share this post Link to post Share on other sites
SPEEDY69 1,273 Posted August 27, 2014 All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though.... 1 Share this post Link to post Share on other sites
Skidder1 7,651 Posted August 27, 2014 All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though.... Its certainly a natter for many on here!!! 1 Share this post Link to post Share on other sites
Ghostwalker 1,859 Posted August 27, 2014 All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though.... Sure he has. Drink and drive is not legal. He was above the legal limit 0,2 promille so he do have done something illegal. 1 Share this post Link to post Share on other sites
Jacques 3,114 Posted August 27, 2014 All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Anyone can ask questions about the rukes and proces but it is not a matter of law. Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though.... The lawyers will be looking for even the slightest technicality. For example, when was the testing machine last calibrated ? Were the people who administered the test qualified to do so, had they been properly trained in using the equipment ? Was he given the option of submitting a blood sample for testing ? Had the people involved been near to methanol ? Was the ballot carried out in accordance with FIM regulations ? Was he given the opportunity to be re-tested ? None of which excuses him but the lawyers will be looking for any little loophole that they can find to claim that it is an "unsafe conviction". All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though.... What people are trying to get at as Derwent has eloquently posted above, is what, if any technicalities his lawyers would use to defend his case, The questions and discussion certainly in my case is just trying to ascertain what procedures are used by the FIM officials and whether or not the device on used Darcy has actually ever been legally challenged as i) the results of that single device would be insufficient for someone to be charged with a Drink Drive offence here. ii) the points laid out by Derwent above. I'm might be going off on too much of tangent, but I just find it interesting Share this post Link to post Share on other sites
SPEEDY69 1,273 Posted August 27, 2014 Sure he has. Drink and drive is not legal. He was above the legal limit 0,2 promille so he do have done something illegal. When did he drive, thought he was already banned from doing so?????? Failing an alcohol test for a GP is not illegal. Share this post Link to post Share on other sites
TheReturn 1,724 Posted August 27, 2014 If Darcy Ward is let off because of a Technicality, It will project the sport as a bigger joke than it already is...... I don't think it would make the sport look any worse, these things happen in sports I guess, hopefully they get improved for next time. However, what I would like to know who is representing him and suggesting they go down this legal route to wriggle out of it? That party, maybe one of his promoters or Ward himself, are the ones I have lost respect for, and equally as guilty as Ward for trying to cheat any potential ban. I respect Ward the rider, I do not respect Ward the person. Had he held his hands up and took his punishment I would have gone some way to having more respect for the person. I don't blame Ward for this legal loophole cheating, I blame whoever it was that suggested they try and find a legal loophole. Who was that person? Ward himself? I doubt it. 1 Share this post Link to post Share on other sites
THE DEAN MACHINE 4,771 Posted August 27, 2014 If ward gets off without a ban imo all the other riders should protest . He has a problem and should be banned and if no ban is forthcoming we may aswell all give up now because without rules you have nothing and i dont care if he is the greatest rider in history or a mdl rider he broke the rules 8 Share this post Link to post Share on other sites
Daniel Smith 5,672 Posted August 27, 2014 When did he drive, thought he was already banned from doing so?????? Failing an alcohol test for a GP is not illegal. I think you find technically it is. If Darcy had rode, a serious incident had occurred and he'd been found over the limit of the sports drug and alcohol regulations it then becomes a criminal offence that goes beyond the FIM. This alone is the reason the FIM should show zero tolerance. 1 Share this post Link to post Share on other sites
mdmc82 2,878 Posted August 27, 2014 I think the fact Poole have already declared Ward in their team to ride on Sunday gives an idea of how they think this will end Share this post Link to post Share on other sites
Fromafar 10,397 Posted August 27, 2014 All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though....I agree with you on this one.He has broke the rules of the sport (which includes the way they test).never heard any other complaints against testing procedure during Gps. Share this post Link to post Share on other sites
oldace 1,678 Posted August 27, 2014 I think you find technically it is. If Darcy had rode, a serious incident had occurred and he'd been found over the limit of the sports drug and alcohol regulations it then becomes a criminal offence that goes beyond the FIM. This alone is the reason the FIM should show zero tolerance. Failing a breath test at GP isn't illegal, technically or otherwise. It is against the rules of the sports governing body but it is not within the jurisdiction of the law. Its like saying the knife in your kitchen drawer is technically illegal because you could kill someone with it 1 Share this post Link to post Share on other sites
Derwent 271 Posted August 27, 2014 All this legal talk though is surely irrelevant Ward has not been criminally or legally charged has he? I thought he'd failed a test to compete in a sporting event and surely any punishment etc. Is solely a matter for the sports governing body? Take Dwain Chambers for example who admitted using drugs. There was no conviction under law but simply the sports governing body banned him. In fact he is banned for life from representing GB at Olympics but other athletes from other countries haven't been. This suggests it is wholly a natter for whoever governs the indivuduals' right to enter events. This si speedway though.... Its not a question of criminal legalities, more civil ones. Say the FIM banned him for a year and his lawyers subsequently found a reason to challenge the ruling, he could then sue the FIM for loss of earnings, loss of sponsorship, damages etc. So the FIM have to be sure they have a watertight case before they issue a ban to mitigate the risk of future action against them. 6 Share this post Link to post Share on other sites
