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Gasquet's Case

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1. Introduction and Ethical standpoint The recommended approach to be pursued will be contrary to Richard and Bridget. It shall be to argue ‘no fault or negligence’ and adopt ‘Penny’s’ information as admissible evidence to present a relationship of trust between Natalie and Elizabeth. During engagement as an officer of the court) ASCR 4.1.5 provides ASCR and relevant law must be adhered to. The form of lawyer adopted shall be the ‘responsible lawyer, ‘focusing on the lawyer’s role as an OC.... has an overriding duty to maintain justice’ A lawyer’s duty to the court and administration of justice is paramount. The driving ethical duty is the paramount duty imposed on a lawyer, the duty to the court and the administration of justice. Rondel …show more content…

Adams case caused amendment of WADC 10.5 to allow for proportionality. WADC 10.5 Affirmed on the English ITF panel in Gasquet’s case. Gasquet provides if an alternate source of contamination can be established pertaining to WADC 10.5, period of ineligibility is removed. If our client is deemed ineligible circumstances in which she held no fault or negligence, proportionality is not reached. The case is being heard de novo, although this is conflicting with WADC’s second purpose of harmonisation across an international level. Could the panel following direction from cases within the Commonwealth evidence a change of direction for a historically punitive panel? 5. Source of Contamination The source of the contamination must be determined. Natalie declares she has no idea how the substances came into her system and it has been ascertained Stanozolol can be ingested orally. Natalie has a suspicion her drink may have been contaminated, collaborated by ‘Penny’s’ phone call. The training camp is irrefutably the source of contamination due to three accounts of positive tests. To prove one of these sources the culprit for the contamination it must be proved on the balance of probabilities. A number of potential sources shall be rejected and the most probable source determined. 1. Contamination by a teammate due to the competitiveness of the selection

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