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THE EFL HEARING THREAD


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1 hour ago, HarrowbyOwl said:

 

The Club anounced in December that the process of appointing arbitrators was underway and that no steps would be taken in the disciplinary case, if at all, until the arbitration was resolved.

We can only assume that the arbitration panel ruled that the disciplinary case could proceed. It seems from the rules that arbitration panel and disciplinary commission cases can be consolidated.

So all evidence, witness statements, etc. gathered during the arbitration proceedings were probably carried forward into the disciplinary proceedings. In which case the judgement will have a lot of complex ground to cover. Maybe that's another reason for the delay.

The March 20 statement suggests that the Arbitration Panels process never reached a conclusion. The charges against the individuals weren't dismissed by the panel they were dropped by the league; and the club having originally disputed the charges against the individuals and the club suddenly accepted at the same time that proceedings vs. the club could proceed to a hearing. 

 

Looks like a deal between the lawyers.

Edited by kobayashi
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3 minutes ago, WalthamOwl said:

Stating the obvious but obviously this isn’t clear cut for either side. Perhaps even if we are found guilty that could mean we get a lesser point deduction because it isn’t clear cut? 

If it’s not clear cut they shouldn’t find us guilty, even a little bit guilty.

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2 minutes ago, jomaco said:

Seems so, if it's taken this long, can't exactly be clear cut

 

good point though, surely has to be beyond reasonable doubt...

That's for criminal cases.

 

This will be decided on the civil burden which is on "the balance of probability"

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50 minutes ago, kobayashi said:

The March 20 statement suggests that the Arbitration Panels process never reached a conclusion. The charges against the individuals weren't dismissed by the panel they were dropped by the league; and the club having originally disputed the charges against the individuals and the club suddenly accepted at the same time that proceedings vs. the club could proceed to a hearing. 

 

Looks like a deal between the lawyers.

I've no idea how the arbitarion morphed into a disciplinary commission case.

I've been following the whole thing as closely as possible given the paucity of detailed reporting but never saw any explanation.

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48 minutes ago, jomaco said:

Seems so, if it's taken this long, can't exactly be clear cut

 

good point though, surely has to be beyond reasonable doubt...

It's not a case of criminal law as far as I'm aware so it doesn't have to be beyond a reasonable doubt.

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Just now, prowl said:

It's not a case of criminal law as far as I'm aware so it doesn't have to be beyond a reasonable doubt.

The burden of proof is simply "sure" these days in crime trials, although it amounts to the same thing. But, as you rightly say its not a criminal trial. 

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