I wish to thank Greg for taking the time to respond. It truly means a
lot to our colleagues researching the legal issues involved. It also
says a lot about Greg, considering all the time constraints and
multi-faceted obligations of these days.
Once more warmest compliments on a commendable, superb job!
As we are in the education business of young people, it is my belief
that young scholars and lawyers have a whole lot to learn from the
preparation, argument, and consistent defense of this case. It would
be fascinating to hear Greg speak to our students in regard to all the
personal as well as professional demands this case posed, and all the
ramifications such a case may have for the counsel and his/her
social/professional environment...
What is furthermore intriguing, for all of us lovers of procedure, is
IAAF's attitude and handling of the notification process for the said
test of Kostas and Katerina... As one once said, "it would appear
intuitively obvious to the casual observer" that IAAF's side did not
wish to engage in further challenges of its notification procedure
(not to mention possible interpretations of both the letter and the
spirit of IAAF law -- in re: missing and evading a test -- as Greg
instrumentally posed for us in this correspondence), which was so
masterfully exposed by Greg's preparation and argument of the case...
Hence, one cannot possibly be found in violation of evading a test
that was not transparently and beyond any doubt communicated to the
athlete...correct?
As we frequently see with related litigation, following a decision
(and arbitration award, settlement etc...), the Governing Body (in our
US cases we have seen it multiple times w/ NCAA as well as pro
leagues' policy responses) goes back to draft policy that attends to
the important precedent, importantly for us to understand, regardless
of a successful or not litigation... In this case, IAAF's procedural
mechanism obviously renders amendments necessary, and we have our
Greek compatriots to thank for it... One hopes that even after a
successful litigation, IAAF law would be amended to deal with
contemporary realities...
In regard to the missed tests and the actual communication process
(and any IAAF's efforts to --obviously not vehemently enough-- defend
its practices) one can form one's own judgments... Certain things are
only open to conjecture, refutations with concrete evidence, and for
Kostas, Katerina, and Greg to know in regard to what actually takes
place underneath the present IAAF regulatory framework...
Perhaps the historians of the future may deliver objective judgments
per ISFs' role in assuming a particular stance against "moral
problems" sport faces in our time, and whether we, from any position
we may serve, did enough to leave this a better place...
Wholehearted wishes to all for a somewhat relaxing, reflecting, and
recharging summer! Best to you and yours
Tassos
On 6/28/06, Gregory Ioannidis wrote:
>
>
> Dear All
>
> Thank you for your kind words.
>
> Your support is greatly appreciated. Myself, Kostas and Katerina wish to
> acknowledge your valuable comments and your constructive criticism,
> throughout the period of the last 19 months of this unprecedented legal
> battle.
>
> In relation to the IAAF rules below, I would like you to identify the three
> elements of the offense: failure, refusal and evasion.
>
> 1) Which ones are subjective?
> 2) Which ones require knowledge prior to the test?
> 3) Can you miss and evade a test at the same time?
>
> You could perhaps now start comprehending the dynamics of the case.
>
> I am at your disposal for anything that you may need to ask.
>
> Greg
>
> Dr. Gregory Ioannidis
> Lecturer in Sports Law, Barrister
> Master of the Moots
> Buckingham Law School
> Counsel to Mr K. Kenteris & Ms E. Thanou
--
Interesting times, or "o tempora, o mores":
http://www.tas-cas.org/en/medias/media2.htm
http://www.iaaf.org/antidoping/news/Kind=2/newsId=35112.html
Congrats to Greg, and anyone involved in the case before the CAS...
Respecting lawyer-client privacy and the wonderful representation
Katerina and Kostas were privileged with, one in a sane state of mind
cannot pose bold Qs to their counsel...
I'll just pose the thought that the IAAF appeared to have a lot to
gain from wrapping this up promptly...
Judgments are yours to make and I would be intrigued to hear any
thoughts, opening up the forum first to Greg in re: academic
discussion and the nature of the IAAF Rules 32.2(c) and 32.2(d)
violations
Refer to:
http://www.iaaf.org/newsfiles/33048.pdf
Have a terrific summer
Tassos
