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News Stories
Stokes case puts spotlight
on WADA Code
Australian female boxing champion banned by the international
authority because she has a pacemaker
Coaches rights when complaints are made
AFL
forward Troy Taylor avoids AFL sanction from Richmond
Paul Horvath Appointed to Harness Racing
Victoria Board
Belgian athletes take on drug agency over out-of
competition testing David Sera Successfully Appeals To
AMSAC
Tigers skipper's slap for slash
Mikhaylo Zubkov's lifetime coaching ban
cut
Dad to fight six-year ban
Titles could go if guilty
Dive coach charged
Tiger in trouble again
Stokes case puts spotlight on WADA Code
ROGER VAUGHAN February 4, 2010, The Age
The same all-powerful anti-doping code that was originally
designed to crack down on international sports cheats could also
end Mathew Stokes' AFL career.
The Stokes drugs case has put an unexpected spotlight on the
World Anti-Doping Agency (WADA) Code.
Hours after the Geelong premiership forward was bailed in
Geelong Magistrates Court on Wednesday for alleged trafficking and
possession of cocaine, AFL operations manager Adrian Anderson
dropped another bombshell.
Anderson pointed out that if Stokes is found guilty of
trafficking one gram of cocaine, the 25-year-old could then face a
hefty sporting ban under the WADA Code.
Trafficking a prohibited substance, regardless of the
circumstances, carries a ban of four years to life under the
code.
It does not matter that the allegation is unrelated to
competition.
WADA was formed in the wake of the Festina scandal that rocked
professional cycling during the 1998 Tour de France.
The code, first drafted in 2003, gives WADA substantial powers
and widespread jurisdiction in regards to doping and drugs offences
in sport.
The AFL are a signatory to WADA and so come under the code.
Just as the code applies to disgraced Olympic gold medallists,
it could also punish a footballer who allegedly bought a gram of
cocaine for a mate.
"What this does is just simply underscores the significant reach
and power of international sports law and the reach of the WADA
Code," said Melbourne barrister Paul Hayes.
"It (the code) only came into being in 2003 and what we are
seeing is international sports anti-doping law trying to define its
empire, which is looking as though it is going to be
substantial."
A growing number of people are concerned about the scope of that
power.
Melbourne sports lawyer Paul Horvath has been involved in cases
governed by the code.
"WADA is tough and unapologetically so," Horvath said.
"I'm opposed to the severity and inflexibility of the sanctions
set out within the code."
Of course, Stokes has a lot on his mind at the moment without
thinking about the vagaries of international sports law.
"He's shattered and really struggling," Cats chief executive
Brian Cook said on Thursday.
Geelong have stood Stokes down and are conducting their own
investigation.
He will soon explain himself to the team's leadership group.
The AFL also have the power to suspend Stokes for
misconduct.
On March 12, Stokes will front court again.
"There are all sorts of potential issues - it's too soon to
tell," Hayes said.
"Any case brought against him under the WADA Code would be dealt
with after the charges are determined.
"You've also got to remember, he's innocent until he's proven
guilty."
If WADA becomes involved, the case would probably go through the
Court of Arbitration for Sport.
There, Hayes said, the overall standard of proof would not be as
high for the prosecution as it is in a Victorian criminal court
Australian female boxing champion banned by the international
authority because she has a pacemaker
Flip Prior thewest.com.au
An Australian female boxing champion banned by the international
authority because she has a pacemaker is preparing to launch a
landmark discrimination case to be allowed to compete.
Perth boxer Elisha Buckley, who had a pacemaker fitted in 2007 for
a slow heart rate and wears a protective breastplate during
competitions, was banned from international competition by the
Amateur International Boxing Association in December because of
concerns for her safety.
But the 23-year-old is demonstrating her fighting spirit, hiring
prominent Melbourne sports lawyers and saying she won’t stop until
she wins the right to enter the ring.
SportsLawyers solicitors Paul Horvath and Penny Lording will write
to Boxing Australia this week arguing that not allowing Buckley to
compete would breach Commonwealth law.
While reluctant to give too much away, Mr Horvath said the lawyers
would rely on the Commonwealth Disability Discrimination Act, WA
Equal Opportunity Act and Australian Human Rights Commission Act to
contend their case.
“What we say is that she is able to compete and doesn’t have a
disability which prevents her from competing,” Mr Horvath said.
“In a nutshell her case, as to what she instructs us, is that her
personal circumstances have not been considered by the
international boxing federation.
“They have simply considered a person with a pacemaker and made a
decision on that basis without looking at her own medical
records.”
Buckley is backed by her cardiologist. Mr Horvath said there had
been several prominent discrimination cases in Australian sport,
but it was the first such case in boxing that he was aware of.
Banned days after winning the national 75kg title in Canberra,
Buckley was devastated that her dreams of competing in the Olympics
have been put on hold.
“I’m positive I’ve got a strong discrimination case, because
nothing like this has ever happened before,” she said. With four
weeks until the world championship trials in Perth, she faces a
nervous wait.
Coaches rights when complaints are made
Author: Paul Horvath and Penny Lording,
SportsLawyer
While it is the rules of the game that regulate what is
acceptable on field, certain policies are designed to avoid
improper and unlawful behaviour from occurring off field. A coach
needs to be aware of their rights if a complaint is made against
them.
For example, member protection policies have been introduced in
many sports to exemplify a statement of standards of behaviour to
be adhered to within national sporting organisations or their
affiliate bodies. These policies ensure that the following types of
behaviour will not be tolerated:
- child abuse
- sexual assault
- discrimination
- bullying and harassment
- physical assault, verbal abuse and intimidation
- actions that create a hostile environment
- conduct that may cause psychological injury or distress
- acting in a manner that brings, or is likely to bring, a sport
into disrepute.
Ultimately, coaches need to behave in an appropriate manner and
in accordance with these policies. However, as the following case
illustrates, there can be a fine line between what constitutes
‘abuse’ and what does not, such as ‘excessively enthusiastic
coaching’. Full story Australian Sports Commision.
Richmond forward Troy Taylor avoids AFL sanction from
Richmond
Posted 30th March 2010 by The Age
Richmond first-year AFL forward Troy Taylor will argue he was
acting in self-defence when he contests assault charges. The
18-year-old pleaded not guilty to five charges in the Alice Springs
Magistrates Court on Tuesday - three of assault, one of criminal
damage and one of lighting firecrackers. Paul Horvath represented
Taylor, who was also accompanied to court by a Tigers' player
development manager. Full story The Age.
Paul Horvath Appointed to Harness Racing Victoria Board
Posted Tuesday, 8 October, 2009, From Deputy Premier &
Minister for Racing
Deputy Premier and Minister for Racing Rob Hulls today announced
the appointment of experienced lawyer Paul Horvath to the Board of
Harness Racing Victoria (HRV).
Mr Hulls said Mr Horvath is the principal of a boutique
Melbourne law practice specialising in the areas of commercial,
employment, sports and criminal law. He holds a Masters of
Laws Degree from the University of Melbourne and has had numerous
academic papers published on a range of sporting issues. He is also
Chair of the Law Institute of Victoria’s Sports Law Committee.
“Mr Horvath’s strong legal and academic background combined with
his passion for sport and helping people, augurs well for the
future of harness racing,” Mr Hulls said.
“His legal expertise, particularly in the areas of corporate
governance and integrity-related matters will complement the
existing skills of the HRV Board, under the Chairmanship of Neil
Busse.
“It is terrific to see such well-credentialed individuals
like Mr Horvath looking to make a contribution to our fantastic
harness racing industry.”
HRV is a statutory body with responsibility for the regulation,
management and promotion of harness racing in Victoria.
Mr Horvath’s appointment will fill the vacancy created by the
resignation of John Doherty earlier this year.
Mr Hulls thanked Mr Doherty for his service to HRV as a Board
Member since July 2001.
“I would like to thank John Doherty and acknowledge the hard
work, enthusiasm and expertise which he brought to the HRV
Board. His work in relation to harness racing integrity
matters including his leadership roles on the Harness Racing
Australia Rules Committee and HRV’s Integrity Sub-Committee was
significant”, Mr Hulls said.
Mr Horvath has been appointed for a period of three years.
This article was taken from the Premier of Victoria Newsroom,
please view here
Belgian athletes take on drug agency over out-of competition
testing
Posted Jan 29 2009, 07:32 AM by Lawyers Weekly
A LEGAL challenge has been mounted by a group of 65 Belgian
athletes against the latest rule for out-of-competition drug
testing by the World Anti-Doping Agency (WADA).
The rule requires athletes to notify testers of their
whereabouts three months in advance and must specify one hour each
day as to where and when they can be tested.
The challenge relies on the Belgian constitution and the
European Convention on Human Rights and Fundamental Freedoms of the
Council of Europe to claim the rule is an invasion of privacy.
The group, comprising footballers, cyclists and volleyball
players, filed the case with Belgium's Council of State court,
which may take up to six months to issue a ruling.
Paul Horvath, a solicitor at boutique firm Sports Lawyer who
previously defended Australian swimmer Ian Thorpe against
allegations using of performance-enhancing drugs, told Lawyers
Weekly that the case could have implications for Australia.
"If they were to decide based on the European Charter there has
been a breach of individual rights, I would think that is something
that other countries would have to recognise...," he said.
Horvath has routinely used the European Charter of Human Rights
in cases in front of the Sydney-based Court of Arbitration for
Sport which could "possibly be heavily influenced by any such
decision" made in Belgium.
Michael Conn, partner at Teakle Ormsby Conn, told Lawyers Weekly
that WADA is constantly changing the rules and has recently
introduced two new directives for rugby league players.
One rule is that WADA is to be notified if a player is put on an
intravenous drip and the other involves testing athletes pre-season
to determine if they are asthmatics.
"Now there are people who if you tested them today, would not
test as being asthmatic. Yet out on the field under the stress and
the exercise they can end up with breathing problems," Conn
said.
"So what does that mean? Does that mean you don't give them
Ventolin? So some of these rules can be pretty onerous and in many
ways, in my opinion, quite stupid."
The Belgium athletes stressed they were not opposed to
out-of-competition testing but claimed the current system was far
too invasive, forcing them to pinpoint even if they were going to
the movies.
WADA has maintained the changes make it easier for athletes to
abide by the whereabouts rule, including limiting mandatory
location specification to one hour a day.
- Sarah Sharples
This article was taken from Lawyers Weekly please view here
David Sera Successfully Appeals To
AMSAC
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Victorian Kart racer David Sera finished first at the National
Championship for Leopard Light on 8 April 2007, held at Eastern
Creek Raceway.
After the final, stewards charged David for ‘failing to respond
to a “mechanical defect” flag on two occasions’. The Stewards found
David guilty of breaching the Australian Karting Association (AKA)
2007 National Competition Rules 15.16 and 5.01(w).
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David appealed this decision to the NSW Appeal Tribunal. This
appeal was dismissed on 20 June 2007. David then appealed to the
Australian Karting Appeal Court (AKAC) on 29th June, 2007. The case
was adjourned a number of times as no Tribunal Chairperson was
available, but it was finally dealt with on 28 May 2008. On that
date the appeal was struck out.
Paul Horvath, solicitor, of www.sportslawyer.com.au,
represented David as he proceeded to appeal the decision of AKAC to
Australian Motor Sports Appeal Court (AMSAC).
AMSAC were ‘particularly concerned at the inordinate delay
between the time of lodgement of the notice to appeal to AKAC and
the hearing of that appeal [28 May 2008] (approximately eleven
months).’
Before the AMSAC hearing, both parties were required to file
written submissions. Four different grounds of appeal were argued
on behalf of David as to why his appeal should succeed and why he
should be reinstated as the National Champion.
The hearing before AMSAC took place on 22 October 2008.
The first point to be considered was whether Rules 8.38(e), (g),
and (f) regarding time limitations for AKAC to hear appeals
applied. Paul Horvath successfully submitted that in accordance
with the AKA Rules the appeal to AMSAC should be decided in favour
of David as the time limits had not been adhered to by the AKA.
AMSAC agreed that the AKA had not abided by their own Rules and had
taken too long to hear David’s appeal case. Consequently AMSAC did
not need to deal with the other three arguments put forward on
David’s behalf.
In AMSAC’s decision it states that ‘the decision of 28 May 2008
was contrary to the Rules…Accordingly, the appeal to AKAC is
[therefore]…decided in favour of [David]. As a consequence of that,
the appeal to this Court must succeed as the matter has already
been determined by operation of the Rules and has been so
determined since the expiration of the sixty days.’ The Court
ordered that the findings of the Steward’s hearing and the NSW
Appeal Tribunal were null and void. They declared David the winner
of the final of the Leopard Light at the 2007 National
Championships, and ordered that he be presented with the winner’s
trophy, the No 1 number plate and that his appeal fees be returned
to him.
David was not able to obtain an award of costs. Rule 10.04
provides that AMSAC may make a cost order against an unsuccessful
applicant but does not provide for the making of a cost order in
favour of a successful applicant. As a result, David was unable to
recover his legal costs expended in the appeal.
It is acknowledged that the AKA Rules have now been amended
including changes to Rules and 8.38 and 15.16.
~ Information supplied by George Sera
This article was taken from Kart Sport News please view here
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Tigers skipper's slap for
slash
Orietta Guerrera
April 22, 2008 - 1:08PM
Richmond captain Kane Johnson has been ordered to perform eight
hours of community work as punishment for a drunken night that
ended in the footballer urinating on the wall of the St Kilda Road
police complex.
In the Melbourne Magistrates Court today, Magistrate Simon
Garnett agreed to drop the charges - of behaving in an offensive
manner and being drunk in a public place - provided Johnson comply
with two conditions.
Johnston, 30, of Melbourne, must do eight hours of community
work, and provide the court with a letter of apology he has written
to Victoria Police Chief Commissioner Christine Nixon.
In a written statement, Johnson said the court's decision
provided closure to "an incident in my life where I let myself and
my club down badly".
He apologised to Victoria Police and his club.
"I look forward to rebuilding the trust of my team mates and our
supporters," Johnson said.
"I will now focus my attention on helping the team build on what
has been an encouraging start to the season."
Johnson had been celebrating his 30th birthday with family and
friends. He was near his home when two police officers caught him
urinating outside the police complex, which is near his home, in
the early hours of March 23. He was arrested.
The incident came just one week after Carlton footballer Brendan
Fevola urinated on the front window of a Prahran nightclub while
drunk.
Johnson apologised for his behaviour at the time, and suspended
himself for one match.
Mr Garnett said he accepted that Johnson, his family and team
mates had suffered public embarrassment because of the incident,
and that Johnson had shown remorse.
"Obviously it was a silly act to have performed especially in
respect to similar events that occurred shortly prior to that
date," he said.
Outside the court, Johnson's lawyer Paul Horvath said police had
indicated they would like the footballer to help feed the homeless
around Fitzroy with the Salvation Army.
This article was taken from The Age please view here
Mikhaylo Zubkov's lifetime
coaching ban cut
Natalie Tkaczuk Sikora
December 24, 2007 12:00am
A UKRANIAN swimming coach, whose Melbourne brawl with
his daughter became world news after it was videotaped, will be
free to coach again for the Beijing Olympics.
Mikhaylo Zubkov will be back poolside with his daughter,
Kateryna, from this Thursday after an international court ruled his
lifetime coaching ban was too harsh.
"It's a huge relief," Zubkov, 39, told the Herald Sun yesterday.
"I feel my name has been cleared."
Speaking from Ukraine yesterday, Kateryna, 19, said she was
delighted with the news and excited her father could resume
training and supporting her at competitions.
"I am very happy," said Kateryna who recently returned from the
US, where she swims and studies. "I can now concentrate on the
Olympics."
The pair clashed at the 12th FINA World Swimming Championships
in Melbourne last March over Kateryna's choice of boyfriends.
Zubkov was accused of bringing swimming into disrepute after
video of the coach and swimmer violently quarrelling at Rod Laver
Arena was beamed across the world.
An exclusive series of Herald Sun articles revealed the story
behind the heated exchange, their regrets about the incident and
their hopes of being reunited.
The severe life ban imposed by a FINA disciplinary panel was
appealed by a Melbourne legal team led by Paul Hayes and Paul
Horvath, who travelled to Switzerland and represented Zubkov.
In a backflip at the weekend the Court of Arbitration for Sport
overturned the ban and replaced it with an eight-month suspension,
which expires on December 27.
The Swiss court accepted submissions from Zubkov's Melbourne
legal team that he had not hit or otherwise assaulted his
daughter.
It found that although Zubkov's conduct was "aggressive, violent
and unbecoming an accredited team official", he did not bring the
sport of swimming into disrepute.
The court ruled that his lifetime expulsion from coaching or any
future FINA activities by the FINA disciplinary panel was too
severe and disproportionate to their findings.
"We are of the view that the appropriate sanction is that of
suspension rather than expulsion," said the hearing panel before
president Dr Kaj Hober.
"Given the special nature and unusual circumstances of
(Zubkov's) conduct, we find that a suspension for a period of eight
months from 27 April to 27 December constitutes an appropriate and
proportionate sanction."
Zubkov and his daughter were the subject of close media
attention on their return to Ukraine, which placed great stress on
their family and caused the coach's business to suffer.
Kateryna also had to find another coach.
Zubkov said although he did not think he deserved the penalty,
he believed justice had been served. "I am very relieved that it's
finished now," he said. "This has been a constant cloud hanging
over my head."
Zubkov also profusely thanked his Melbourne legal team and the
help and support of Australia's Ukrainian community members, in
particular Mike Tkaczuk.
"They believed in me and in getting a fair hearing for me.
Without their help I would not have been able to return to
coaching," he said.
tp;t;p>Sports law specialist Mr Horvath said the court's
landmark ruling sent a strong message to sporting disciplinary
bodies.
"Imposing tough penalties because the world media is watching .
. . is not delivering justice or fairness," he said.
Click here to
download the appeal decision pdf
This article was taken from The Herald Sun please view here
Dad to fight six-year ban
Natalie Tkaczuk Sikora
April 02, 2007 12:00am
DEVASTATED Ukrainian swim coach Mikhaylo Zubkov has
vowed to fight a six-year ban on his coaching his daughter at FINA
events.
A FINA disciplinary panel slapped Zubkov with the ban for the
ugly poolside scuffle with his daughter, Kateryna Zubkova, last
week.
He can continue to coach her privately, but cannot attend any
major swimming meetings associated with FINA, including world
championships and the Olympics, where she is sure to swim.
 "I'm
stunned. But FINA has not made their final decision yet," he
said.
"I will fight to defend our reputation and clear my name."
He said the ban aimed to make an example of him to the sporting
world.
"It's unfortunate that my problem became everyone else's
problem," he said.
TV footage of the pair's stoush in the marshalling area at the
Rod Laver Arena last Tuesday night was beamed around the world.
It landed Zubkov in court facing an intervention order
application, which was dismissed by a magistrate.
FINA revoked Zubkov's accreditation hours after the incident,
and a disciplinary panel has now decided to strip him of his FINA
accreditation and recommended he not be allowed to re-apply for six
years.
He was found guilty of breaching the code of conduct and of
bringing the sport into disrepute.
Kateryna, 18, said yesterday she was disappointed by the
ban.
"It will be very difficult for me to prepare for my races
without my father," she said.
Zubkov, 38, said the panel's decision had far-reaching
repercussions. He said the confrontation, over a boy Kateryna had
been seeing against his wishes, was being misrepresented in
Europe's media.
Kateryna said she was looking forward to returning home.
"I'm not sure what I'm going to do about this boy, but it is
something I will discuss with him and my parents when we return,"
she said.
The head of the Ukrainian Swimming Federation, Andrij Vashko,
was yesterday in talks with FINA executives who will have the final
say on the ban.
But Zubkov's lawyer, Paul Horvath, said it was unlikely they
would reverse the panel's recommendation.
This article was taken from The Herald Sun please view here
Titles could go if guilty
Anthony Black
April 01, 2007 12:00am
IAN Thorpe could be stripped of swimming titles if found guilty
of cheating.
Top sports law specialist Paul Horvath said Thorpe might have to
show that abnormally high levels of testosterone were natural.
It is claimed a sample from Thorpe showed abnormally high readings
for testosterone and human growth hormone luteinizing.
"Thorpe could just have abnormally elevated levels of
testosterone," Mr Horvath said.
"But he would have to take steps to establish that, rather than
asserting that."
Mr Horvath said athletes were permitted to take prescribed drugs
for medical conditions under the "therapeutic use exemption"
regulations.
Mr Horvath said he would want to see hard evidence before he was
convinced Thorpe had taken performance-enhancing substances.
"He strikes me as someone who has other physical attributes,
namely his physique, height and big feet, that have allowed him to
perform at an exceptional level," he said.
Mr Horvath said the Australian Sport Anti-Doping Authority would
have prosecuted Thorpe and anyone else suspected of using banned
substances.
This article was taken from The Herald Sun please view here
Dive coach charged
Sam Edmund
March 27, 2007 12:00am
THE World Swimming Championships
have been rocked by accusations that a Russian team official
sexually assaulted a female security guard at a city
hotel.
 Diving
coach Vladimir Rulev has been charged with indecently and
unlawfully assaulting the woman in the early hours of Saturday
morning as she stood guard at the team's Grand Mercure Hotel.
Mr Rulev, 56, was released on bail last night, but his passport
was confiscated and he was ordered not to leave the Grand
Mercure
He will face Melbourne Magistrates' Court again today.
The Herald Sun believes the guard complained that the
coach groped her and pulled her hair after returning from a night
on the town.
Mr Rulev was flanked in court by Russia's head diving coach
Alexei Evangulov, who translated orders from magistrate Paul
Smith.
The Russian diving team was due to fly out of Australia this
afternoon after the diving program finished yesterday.
Defence lawyer Paul Horvath said outside court that Mr Rulev
denied the allegations against him.
"We've only late this afternoon received the police brief of
evidence and all of the police information," he said.
"The allegation is unlawfully touching and some indecency
involved in one of the assaults."
World Swimming Championships officials refused to comment last
night, saying it was a matter for police.
The allegations continue a nightmare stay for the Russian team
after a 14-year-old swimmer was arrested for shoplifting last
week.
Breaststroke champion Vitalina Simonova was caught red-handed at
Dandenong Plaza stealing $70 worth of cosmetics and clothes, but
was let off with a caution.
The World Swimming Championships follow the tennis Australian
Open and last year's Commonwealth Games as major events to be
tarnished by assaults.
Police came under fire in January for keeping secret a sexual
attack on a boy at the Australian Open.
Parents watching the tennis with their children were angry they
were not warned until four days later that a child molester was on
the loose.
The Commonwealth Games was rocked when an Indian masseur
received a one-month suspended jail term for indecently assaulting
a teenage cleaner at the athlete's village.
Nabi Dewan, 35, was found guilty of kissing and groping a
16-year-old schoolgirl.
This article was taken from The Herald Sun, please view here
Tiger in trouble again
Katie Lapthorne
June 07, 2006 12:00am
RICHMOND footballer Jay Schulz, who cost the club a $500,000
sponsorship deal for drink-driving, has been fined $50 for failing
to display P-plates.
Schulz, 21, was pulled over in Bridge Rd, Richmond, in January
afterspolice spotted his car in Lennox St.
Melbourne Magistrates' Court heard Schulz had displayed a plate on
the front windscreen but it was obstructed by the registration
sticker. A back plate had broken and fallen off.
Defence lawyer Paul Horvath entered a guilty plea on Schulz's
behalf yesterday, saying the footballer had intended to challenge
the penalty notice before seeking legal advice.
Schulz, who did not appear in court, was convicted and fined $50
and ordered to pay $37 costs.
The backman's driving record cost Richmond its major sponsorship
deal with the Transport Accident Commission last year when he
became the second player in four years to be caught
drink-driving.
Schulz was nabbed speeding 40km/h over the limit with a blood
alcohol level of 0.065. He lost his licence for six months and was
separately fined $5000 by the Tigers.
This article was taken from The Herald Sun, please view here
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