Darcy Ward

[Alan_Jones 1,005]

In the ruling it states "individual results" not team

 

It doesn't as arnieg has shown.

[jacksback 12]

I think it is open to interpretation:

 

110. Article 10.8 CAD states that “In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample was collected (…) or any other anti-doping rule violation occurred, though the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified, with all of the resulting consequences including forfeiture of any medals, points and prizes.”

111. In this respect, Mr Ward has pointed out that Article 10.8 CAD shall not be applied in cases where fairness requires otherwise. Besides referring to the fact that he was not told he was suspended until several weeks later, Mr Ward has, however, not specified any reasons for fairness that would apply in this case.

112. CDI finds that, in the light of the clear wording of Article 10.8 CAD, it is not allowed to depart from the wording in other than exceptional circumstances. Mr Ward has not produced evidence in support of his allegation. Therefore, the principle set out in Article 10.8 CAD shall apply, and consequently all the results that Mr Ward obtained in all the Competitions in which he participated from 17 August 2014 until 27 August 2014, are to be cancelled, respectively forfeited.

 

nb My bolding of what appear to be the key phrases

It states Mr Ward and not the team. See post above...sorry you live in hope

[John Leslie 3,213]

You can read the CDI decision here http://www.fim-live.com/en/article/cdi-decision-on-darcy-ward/

 

It's pretty clear.

 

"Moreover, the CDI ruled that the results obtained by Mr Ward in all the Competitions in which he participated subsequent to the positive test, from 17 August 2014 until 27 August 2014, are cancelled, with all resulting consequences, including forfeiture of any points and prizes."

[Alan_Jones 1,005]

It states Mr Ward and not the team. See post above...sorry you live in hope

 

If Mr. Ward's points are cancelled then a resulting consequence is that his team no longer have those points, they are cancelled, they no longer exist, they are ex-points.

[arnieg 3,690]

It states Mr Ward and not the team. See post above...sorry you live in hope

I don't understand this comment - nowhere do I express any opinion.

 

I hope for nothing other than a reasoned discussion of the matter in hand, which your posting of article 11.2 furthers but your subsequent posting does not.

[jacksback 12]

I think it is open to interpretation:

 

110. Article 10.8 CAD states that “In addition to the automatic Disqualification of the results in the Competition which produced the positive Sample under Article 9 (Automatic Disqualification of Individual Results), all other competitive results obtained from the date a positive Sample was collected (…) or any other anti-doping rule violation occurred, though the commencement of any Provisional Suspension or Ineligibility period, shall, unless fairness requires otherwise, be Disqualified, with all of the resulting consequences including forfeiture of any medals, points and prizes.”

111. In this respect, Mr Ward has pointed out that Article 10.8 CAD shall not be applied in cases where fairness requires otherwise. Besides referring to the fact that he was not told he was suspended until several weeks later, Mr Ward has, however, not specified any reasons for fairness that would apply in this case.

112. CDI finds that, in the light of the clear wording of Article 10.8 CAD, it is not allowed to depart from the wording in other than exceptional circumstances. Mr Ward has not produced evidence in support of his allegation. Therefore, the principle set out in Article 10.8 CAD shall apply, and consequently all the results that Mr Ward obtained in all the Competitions in which he participated from 17 August 2014 until 27 August 2014, are to be cancelled, respectively forfeited.

 

nb My bolding of what appear to be the key phrases

Have a look at the the extra large text aove...fairness to other team members....the FIM allowed Darcy to compete for some time after the event...He wasn't disqualified immediately,,,FIM F?ck up

[John Leslie 3,213]

Have a look at the the extra large text aove...

You're quoting the guidlines, not the decision.

 

The CDI judge obviously decided that fairness didn't require otherwise, and therefore made his decision that ALL points must be deducted from ALL matches.

 

The decision says: "Moreover, the CDI ruled that the results obtained by Mr Ward in all the Competitions in which he participated subsequent to the positive test, from 17 August 2014 until 27 August 2014, are cancelled, with all resulting consequences, including forfeiture of any points and prizes."

[Alan_Jones 1,005]

Have a look at the the extra large text aove...fairness to other team members....the FIM allowed Darcy to compete for some time after the event...He wasn't disqualified immediately,,,FIM F?ck up

 

Read on. Para 111 explains that Mr. Ward, having claimed fairness should be applied, doesn't give a reason and the cancellation still applies.

Mr. Ward F?ck up.

[jacksback 12]

You can read the CDI decision here http://www.fim-live.com/en/article/cdi-decision-on-darcy-ward/

 

It's pretty clear.

 

"Moreover, the CDI ruled that the results obtained by Mr Ward in all the Competitions in which he participated subsequent to the positive test, from 17 August 2014 until 27 August 2014, are cancelled, with all resulting consequences, including forfeiture of any points and prizes."

Pretty much explained above...the FIM did no suspend Dacry immediately and let him compete for some to time ...would be unfair to fellow teammates to exclude his results...not a brainbuster

[Alan_Jones 1,005]

Pretty much explained above...the FIM did no suspend Dacry immediately and let him compete for some to time ...would be unfair to fellow teammates to exclude his results...not a brainbuster

 

I'm guessing, from your failure to grasp the meaning of the stuff you're quoting, that you must have been one of Mr. Ward's defence team.

[jacksback 12]

LOL I understand the ruling....AJ do you really think any team result will be affected

[John Leslie 3,213]

Pretty much explained above...the FIM did no suspend Dacry immediately and let him compete for some to time ...would be unfair to fellow teammates to exclude his results...not a brainbuster

You might not think it's fair to exclude his scores from team matches (and probably many would agree with that - even non-Poole fans).

 

However the CDI decided that all his scores should be cancelled and removed with all subsequent consequences. Like it or not, that is their ruling, and your opinion counts for nothing.

 

If I were a Poole fan I would keep quiet and hope that the SCB continue to ignore the ruling.

[Alan_Jones 1,005]

LOL I understand the ruling....AJ do you really think any team result will be affected

 

I don't think they will but they should be, as per the ruling, and as all your posts have shown, you don't understand the ruling at all.

[jacksback 12]

Guys through up what you like...the results stand...

[Grand Central 2,654]

Clearly the results are not going to be changed because the SCB have decided against doing so.

Graham Reeve made a public statement on that some time ago.

 

Just moving the discussion on.

Does anyone know what the procedure is that the FIM take against an FMN (in this the ACU who devolve control of Speedway to the SCB)
When the subordinate bureau unilaterally decide to go directly against FIM CDI rulings?

Edited June 16, 2015 by Grand Central