Appeal- possible or not?

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Appeal- possible or not?

Postby BlueinBosnia » Tue Sep 15, 2009 4:14 pm

With everyone starting their own Ade thread over the past couple of days, I've decided I may as well join in.

Some people say we'll be able to appeal, thus allowing him to be able to play for definite on sunday. Others seem to ignore this. I haven't seen an argument yet that would seem to indicate we are not able to appeal, but plenty of people appear to not think we have a hope.

So, can we appeal, and what are the likelihoods of this (bearing in mind there are 2 separate charcges) allowing him to play on sunday?

Thanks.
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Re: Appeal- possible or not?

Postby ronk » Tue Sep 15, 2009 4:39 pm

BlueinBosnia wrote:With everyone starting their own Ade thread over the past couple of days, I've decided I may as well join in.

Some people say we'll be able to appeal, thus allowing him to be able to play for definite on sunday. Others seem to ignore this. I haven't seen an argument yet that would seem to indicate we are not able to appeal, but plenty of people appear to not think we have a hope.

So, can we appeal, and what are the likelihoods of this (bearing in mind there are 2 separate charcges) allowing him to play on sunday?

Thanks.


There's a new fast track system. Adebayor is the first notable case through it.

The van Persie thing should be dealt with, including appeal, in time for the derby.

Nothing will happen before the derby in the goal celebration case. September 30th IIRC is the next date when anything happens.
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Re: Appeal- possible or not?

Postby BlueinBosnia » Tue Sep 15, 2009 4:44 pm

ronk wrote:There's a new fast track system. Adebayor is the first notable case through it.

The van Persie thing should be dealt with, including appeal, in time for the derby.

Nothing will happen before the derby in the goal celebration case. September 30th IIRC is the next date when anything happens.


Thanks for that. Is the reason for the disparity in dates between the two charges something to do with police involvement, different panels, or something else, do you know?
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Re: Appeal- possible or not?

Postby ronk » Tue Sep 15, 2009 5:02 pm

BlueinBosnia wrote:
ronk wrote:There's a new fast track system. Adebayor is the first notable case through it.

The van Persie thing should be dealt with, including appeal, in time for the derby.

Nothing will happen before the derby in the goal celebration case. September 30th IIRC is the next date when anything happens.


Thanks for that. Is the reason for the disparity in dates between the two charges something to do with police involvement, different panels, or something else, do you know?


The fast track system is only for certain types of offences. The celebration would be considered to be bringing the game into disrepute and would require more careful consideration of the evidence and reflection on what punishment if any, he should get. Nobody disputes the celebration was wrong, he was booked for it and he deserved that. The question is does he deserve more.

The van Persie incident is simple (in theory). Either he kicked him and it's 3 matches for violent conduct, or it was an accident and that's that. That's the only issue they have to decide. The fast track disciplinary process is there for cases where the decision has to be black or white like violent conduct or spitting etc.
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Re: Appeal- possible or not?

Postby Douglas Higginbottom » Tue Sep 15, 2009 5:17 pm

I asked today about a possible appeal and there was some uncertainty about whether it would be possible to do it and delay things so Ade could play Sunday.I am sure if we can we will. They just weren't sure and the thoughts on here might explain why.
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Re: Appeal- possible or not?

Postby david yearsley » Tue Sep 15, 2009 5:27 pm

No appeal if the ban comes in after Sun or if we are allowed to report Van Pussy for HIS incitement
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Re: Appeal- possible or not?

Postby mcfc1632 » Tue Sep 15, 2009 6:29 pm

This is why it was important (for the FA) for Clattenburg to say that he had not seen it (yeah - a lie I know) - allowing for a violent conduct charge to be brought that can use the fast-track process so any appeal will be rejected before the weekend - yes - a stitch up
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Re: Appeal- possible or not?

Postby sweenyuk » Tue Sep 15, 2009 6:36 pm

both charges should be the easiest ever to appeal. The celebration he got booked for, so was seen and dealt with on the day. The stamp resulted in a free kick to arse, you don't normally commit a foul when you already have the ball, so free kick could not have been for a badly timed tackle, so again was dealt with during the game. Why is RVP 2 footrd tackle not being investigated..???
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Re: Appeal- possible or not?

Postby Slim » Tue Sep 15, 2009 6:39 pm

sweenyuk wrote:both charges should be the easiest ever to appeal. The celebration he got booked for, so was seen and dealt with on the day. The stamp resulted in a free kick to arse, you don't normally commit a foul when you already have the ball, so free kick could not have been for a badly timed tackle, so again was dealt with during the game. Why is RVP 2 footrd tackle not being investigated..???


But it didn't....still.
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Re: Appeal- possible or not?

Postby Dameerto » Tue Sep 15, 2009 6:49 pm

The referee actually waves play on during the Ade/VP incident, after staring intently the whole time at the thing he claims not to have seen.
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Re: Appeal- possible or not?

Postby Original Dub » Tue Sep 15, 2009 6:57 pm

I've a feeling there's a damn good reason why Hughes came out with that statement today about the fact that Clattenburg clearly saw the incident.

It sets it up for an appeal and I'll be suprised if they don't do just that.

I keep saying it, but if a case that relies heavily on a false statement (that can be proven to be just that) cannot be thrown out by order of a top legal team then there is no justice within this system.
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Re: Appeal- possible or not?

Postby Slim » Tue Sep 15, 2009 6:58 pm

Dameerto wrote:The referee actually waves play on during the Ade/VP incident, after staring intently the whole time at the thing he claims not to have seen.


Actually sweeney may be onto something without actually being onto the right thing.

Clattenburg made a call here. It's not like he completely ignored it or it happened behind his back, in making the call on the incident he has actually stated in his officiating that he saw the incident and saw nothing wrong with it.
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Re: Appeal- possible or not?

Postby BmoreBlue » Tue Sep 15, 2009 7:33 pm

Original Dub wrote:I've a feeling there's a damn good reason why Hughes came out with that statement today about the fact that Clattenburg clearly saw the incident.

It sets it up for an appeal and I'll be suprised if they don't do just that.

I keep saying it, but if a case that relies heavily on a false statement (that can be proven to be just that) cannot be thrown out by order of a top legal team then there is no justice within this system.



do you have a link to where Hughes said this?
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Re: Appeal- possible or not?

Postby Elvistheblue » Tue Sep 15, 2009 7:49 pm

BmoreBlue wrote:
Original Dub wrote:I've a feeling there's a damn good reason why Hughes came out with that statement today about the fact that Clattenburg clearly saw the incident.

It sets it up for an appeal and I'll be suprised if they don't do just that.

I keep saying it, but if a case that relies heavily on a false statement (that can be proven to be just that) cannot be thrown out by order of a top legal team then there is no justice within this system.



do you have a link to where Hughes said this?


It's on the OS here http://www.mcfc.co.uk/News/Team-news/2009/September/No-Ade-malice-insists-boss
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Re: Appeal- possible or not?

Postby Blueboylewis » Tue Sep 15, 2009 8:39 pm

Sorry i have not read through these posts. But as it stands Ade can not play in the derby can he? And also If we appeal tommorow will it be dealt with by Sunday?

Cheers
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Re: Appeal- possible or not?

Postby BlueinBosnia » Tue Sep 15, 2009 8:44 pm

Blueboylewis wrote:Sorry i have not read through these posts. But as it stands Ade can not play in the derby can he? And also If we appeal tommorow will it be dealt with by Sunday?

Cheers


No. As it stands, Ade can play in the Derby unless found guilty of the charges put against him by the FA.

However, City can then appeal against a guilty verdict. What we are trying to clarify is whether an appeal will be over before the Derby. If not, he will be able to play. If we appeal, and the verdict is not overturned, he is banned from the time the appeal is over. However, if we succesfully appeal, there is no ban whatsoever, or it is reduced.
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Re: Appeal- possible or not?

Postby The Man In Blue » Tue Sep 15, 2009 8:48 pm

BlueinBosnia wrote:
Blueboylewis wrote:Sorry i have not read through these posts. But as it stands Ade can not play in the derby can he? And also If we appeal tommorow will it be dealt with by Sunday?

Cheers


No. As it stands, Ade can play in the Derby unless found guilty of the charges put against him by the FA.

However, City can then appeal against a guilty verdict. What we are trying to clarify is whether an appeal will be over before the Derby. If not, he will be able to play. If we appeal, and the verdict is not overturned, he is banned from the time the appeal is over. However, if we succesfully appeal, there is no ban whatsoever, or it is reduced.


there is also the possibility that if we appeal and fail, the ban could be increased.
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Re: Appeal- possible or not?

Postby avoidconfusion » Tue Sep 15, 2009 8:55 pm

An appeal is absolutely pointless in our case because the appeal will be dealt with by the very same commitee that charged Adebayor.

Makes you think about how retarded this whole system is, in a regular legal case an appeal would have to be dealt with by a completely independent party and certainly not by the FA who have a United and an Arsenal fan amongst their mid.
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Re: Appeal- possible or not?

Postby Slim » Tue Sep 15, 2009 9:03 pm

The Man In Blue wrote:
BlueinBosnia wrote:
Blueboylewis wrote:Sorry i have not read through these posts. But as it stands Ade can not play in the derby can he? And also If we appeal tommorow will it be dealt with by Sunday?

Cheers


No. As it stands, Ade can play in the Derby unless found guilty of the charges put against him by the FA.

However, City can then appeal against a guilty verdict. What we are trying to clarify is whether an appeal will be over before the Derby. If not, he will be able to play. If we appeal, and the verdict is not overturned, he is banned from the time the appeal is over. However, if we succesfully appeal, there is no ban whatsoever, or it is reduced.


there is also the possibility that if we appeal and fail, the ban could be increased.


I would rather have him for the next 3(Filth, Hammers, Villa) than the following 4 matches(Wigan, Fulham, Birmingham, Burnley) so unless they go insane on the ban increase I would rather appeal.
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Re: Appeal- possible or not?

Postby avoidconfusion » Tue Sep 15, 2009 9:03 pm

Does the ban only count for League games or do Cup games count too?
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