PHILIPRISING 7,298 Posted October 6, 2014 Why would a Latvian GP have anything to do with the ACU? It'll either be under the FIM which is incorporated in Switzerland, or very arguably under the Latvia FMN. NOTHING to do with a Latvian GP. If (not saying it will happen!) the FIM are found to have suspended a rider who is subsequently found not guilty of the charge are they open to litigation? Share this post Link to post Share on other sites
Humphrey Appleby 13,967 Posted October 6, 2014 If (not saying it will happen!) the FIM are found to have suspended a rider who is subsequently found not guilty of the charge are they open to litigation? The whole matter of suspending competitors before a proper hearing has been held goes somewhat against natural justice, and I'd imagine on shaky legal ground if it came to the crunch. Equally though, if a rider tests over the limit before a meeting, then they can hardly be allowed to race. One would hope an alcohol test organised by a world governing body would follow a procedure that could be legally be upheld, and if things have been done correctly, then goodness knows why it should take so long to hold a formal hearing. If the FIM has managed to stuff-up something so simple, or even worse, if someone somewhere wants to manipulate Ward into the SGP next season, then the sport really has lost any remaining credibility it might have. One might forlornly hope that a journal of record might get to the bottom of such a potential scandal.. Share this post Link to post Share on other sites
theknow 2 180 Posted October 6, 2014 The whole matter of suspending competitors before a proper hearing has been held goes somewhat against natural justice, and I'd imagine on shaky legal ground if it came to the crunch. Equally though, if a rider tests over the limit before a meeting, then they can hardly be allowed to race. One would hope an alcohol test organised by a world governing body would follow a procedure that could be legally be upheld, and if things have been done correctly, then goodness knows why it should take so long to hold a formal hearing. If the FIM has managed to stuff-up something so simple, or even worse, if someone somewhere wants to manipulate Ward into the SGP next season, then the sport really has lost any remaining credibility it might have. One might forlornly hope that a journal of record might get to the bottom of such a potential scandal.. It would appear anything to do with Speedway is a joke these days. Wonder why not many companies are attracted to the sport and the fan base falls year on year !!!! Share this post Link to post Share on other sites
norbold 7,135 Posted October 6, 2014 (edited) As I said before, if Ward is found guilty by the FIM his only recourse is through the Court of Arbitration for Sport. If he is found not guilty, his recourse for compensation may be through the same route or possibly through the Swiss court as that is where the FIM is based. However, Swiss courts have been reluctant in the past to get involved in these sort of issues and that's probably why a number of International sporting bodies are incorporated there. Edited October 6, 2014 by norbold Share this post Link to post Share on other sites
TheReturn 1,724 Posted October 6, 2014 The whole matter of suspending competitors before a proper hearing has been held goes somewhat against natural justice, and I'd imagine on shaky legal ground if it came to the crunch. Equally though, if a rider tests over the limit before a meeting, then they can hardly be allowed to race. Happens in cricket too, those bowlers wit weird actions are suspended whilst it is investigated. Share this post Link to post Share on other sites
The White Knight 9,039 Posted October 6, 2014 So the test wasnt carried out properly the equipment wasnt tested or calibrated as per manufacturers specs. Just let him off and we can all move on after the lastest sorry storey in the life of Ward. It doesn't matter. Ward admitted the offence on Television. He IS guilty on his own admission - all that is needed now is the Sentence from the relevant Authorities. As I said before, if Ward is found guilty by the FIM his only recourse is through the Court of Arbitration for Sport. If he is found not guilty, his recourse for compensation may be through the same route or possibly through the Swiss court as that is where the FIM is based. However, Swiss courts have been reluctant in the past to get involved in these sort of issues and that's probably why a number of International sporting bodies are incorporated there. No IF about Norbold. As I said above - Ward admitted the offence. 1 Share this post Link to post Share on other sites
norbold 7,135 Posted October 6, 2014 First of all let me say that I am at one with all those who say that Ward should be suspended, fined and certainly not be allowed to take part in the 2015 GP series. However, there IS a legal IF whether we like it or not. Ward admitted to drinking the night before BUT if it is found that the equipment used to test him was faulty, he could get off on a technicality. I certainly hope that doesn't happen but you can't say there is no IF about it as clearly there is. Share this post Link to post Share on other sites
The White Knight 9,039 Posted October 6, 2014 First of all let me say that I am at one with all those who say that Ward should be suspended, fined and certainly not be allowed to take part in the 2015 GP series. However, there IS a legal IF whether we like it or not. Ward admitted to drinking the night before BUT if it is found that the equipment used to test him was faulty, he could get off on a technicality. I certainly hope that doesn't happen but you can't say there is no IF about it as clearly there is. Mmmm - I take your point Norbold. Thank you - you are right. 2 Share this post Link to post Share on other sites
waiheke1 4,295 Posted October 6, 2014 It doesn't matter. Ward admitted the offence on Television. He IS guilty on his own admission - all that is needed now is the Sentence from the relevant Authorities. No IF about Norbold. As I said above - Ward admitted the offence. He admitted drinking the night before, which is not an offence itself. He admitted having too many, which was prompted by fsiling the test - if the test itself was faulty or improply administered that surely "voids" his confession. NOTHING to do with a Latvian GP. If (not saying it will happen!) the FIM are found to have suspended a rider who is subsequently found not guilty of the charge are they open to litigation?Can't think of any instances where a sports governing body have been successfully sued for an incorrect or improperly administered suspension. Plenty of footballers have been suspended due to incorrect decisions for example, without the fa being sued. Happens in cricket too, those bowlers wit weird actions are suspended whilst it is investigated. after being reported don't they get to keep playing while the analytics team do their work? Could be wrong but pretty sure likes of murali and kane williamson weren't suspended? Share this post Link to post Share on other sites
OveFundinFan 4,145 Posted October 6, 2014 Suarez didnt play after he was suspended. Share this post Link to post Share on other sites
salty 2,203 Posted October 6, 2014 He admitted drinking the night before, which is not an offence itself. He admitted having too many, which was prompted by fsiling the test - if the test itself was faulty or improply administered that surely "voids" his confession. Can't think of any instances where a sports governing body have been successfully sued for an incorrect or improperly administered suspension. Plenty of footballers have been suspended due to incorrect decisions for example, without the fa being sued. after being reported don't they get to keep playing while the analytics team do their work? Could be wrong but pretty sure likes of murali and kane williamson weren't suspended? Not suspended, but not allowed to bowl. Not a problem for Williamson who is worth his place as a batsman. I think the the West Indies spinner Shane Shillingford was allowed to play, but forbidden from bowling his doosra. Saeed Ajmal is currently suspended until he can remodel his action. Share this post Link to post Share on other sites
Grand Central 2,654 Posted October 6, 2014 (edited) NOTHING to do with a Latvian GP. If (not saying it will happen!) the FIM are found to have suspended a rider who is subsequently found not guilty of the charge are they open to litigation?.If Darcy's legal team really can argue the case of wrong protocols, successfully And get him off free of a further ban. Then the the guy REALLY would be a prize idiot to take further legal steps of any type. He should count his blessings and get back on his bike, racing, as soon as possible. Oh, and he definitely should NOT go out on the lash to celebrate! . Edited October 6, 2014 by Grand Central 2 Share this post Link to post Share on other sites
Humphrey Appleby 13,967 Posted October 7, 2014 Can't think of any instances where a sports governing body have been successfully sued for an incorrect or improperly administered suspension. Plenty of footballers have been suspended due to incorrect decisions for example, without the fa being sued. How many have actually tried? However, it's not quite the same thing as yellow and red cards are largely an on-field summary judgement by the officials which is largely accepted by the competitors. Doping and alcohol testing is not only a scientific process, but the ramifications for those failing are generally much higher than for an on-field offence. Share this post Link to post Share on other sites
OveFundinFan 4,145 Posted October 7, 2014 Michael Phelps was recently arrested for a drink-driving offence late September this year. He has now been suspended for 6 months from all competition. The ban will end 6th April 2015, but USA Swimming say Phelps will NOT be chosen to represent the US in the World Championship in August 2015. Phelps has won 22 Olympic medals, bit more success then Darcy Ward, yet no leniency shown, and of course being under the influence of alcohol whilst swimming does not pose a threat to other competitors (unless I am missing something) 7 Share this post Link to post Share on other sites
Hodgy 976 Posted October 7, 2014 Michael Phelps was recently arrested for a drink-driving offence late September this year. He has now been suspended for 6 months from all competition. The ban will end 6th April 2015, but USA Swimming say Phelps will NOT be chosen to represent the US in the World Championship in August 2015. Phelps has won 22 Olympic medals, bit more success then Darcy Ward, yet no leniency shown, and of course being under the influence of alcohol whilst swimming does not pose a threat to other competitors (unless I am missing something) Swimming, I repeat swimming (no disrespect to swimmers out there), has an organised, neutral governance. Phelps front page headlines. Speedway, a far more exciting and in my opinion sellable sport, Darcy who? Highlights why we are where we are to me. Share this post Link to post Share on other sites
