Re: ASADA issues show-cause notices to Essendon players
I really don't understand the comparisons between OJ and the EFC (irrespective of whether I think crimes were committed by the club, those acting on its behalf or otherwise). The latter scenario hasn't been prosecuted in a criminal court prior to getting to its current circumstance.
I appreciate how OJ was ruled against in a civil trial, of course, though as you've stated there was genuine and or concrete evidence that could stand up in court to do so on the balance of probabilities, essentially derived from the hard work done in the criminal trial he faced.
Hird and the EFC haven't faced a criminal prosecution, and with that haven't had the same level of prosecution of their perceived wrong doings.
If they are to be subject to a civil trial, whoever's bearing the burden of proof needs to find significant evidence of damage inflicted by them to the point where the balance of probability of wrong doing can be satisfied.
My view is it won't get to that. It would be way too hard and easier to settle out of court.
I really don't understand the comparisons between OJ and the EFC (irrespective of whether I think crimes were committed by the club, those acting on its behalf or otherwise). The latter scenario hasn't been prosecuted in a criminal court prior to getting to its current circumstance.
I appreciate how OJ was ruled against in a civil trial, of course, though as you've stated there was genuine and or concrete evidence that could stand up in court to do so on the balance of probabilities, essentially derived from the hard work done in the criminal trial he faced.
Hird and the EFC haven't faced a criminal prosecution, and with that haven't had the same level of prosecution of their perceived wrong doings.
If they are to be subject to a civil trial, whoever's bearing the burden of proof needs to find significant evidence of damage inflicted by them to the point where the balance of probability of wrong doing can be satisfied.
My view is it won't get to that. It would be way too hard and easier to settle out of court.
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