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Thread: Can Shoaib/Asif Be Charged For The Same Offence Twice?

  1. #1
    U19 Cricketer gunner's Avatar
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    Can Shoaib/Asif Be Charged For The Same Offence Twice?

    Like the title says,
    If they test positive again next month then why would they risk life bans?
    Can they be charged for last years offence again?

  2. #2
    Cricket Web Staff Member Richard's Avatar
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    Thing is, they weren't charged by anyone official. The PCB acquitted them.

    It'd be a completely different matter if, for example, ICC\WADA did a drugs-test that came back positive.
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    Hall of Fame Member Goughy's Avatar
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    TBH, IMO it isnt the same offence.

    Shouldnt be playing with the offending substances in them. Each failure is a different case.

    If you go on a drive and get caught by 5 speed cameras then each of them is a seperate offence.
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    The Wheel is Forever silentstriker's Avatar
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    Quote Originally Posted by Goughy View Post
    TBH, IMO it isnt the same offence.

    Shouldnt be playing with the offending substances in them. Each failure is a different case.

    If you go on a drive and get caught by 5 speed cameras then each of them is a seperate offence.
    Two things - since their appeal was overturned, they cannot count it as the same offense. So they can, and should, be banned if it is found again.


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    Global Moderator vic_orthdox's Avatar
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    If there are still drugs in their system, they'd be stupid to play, IMO. Surely the PCB has gotten them private tests to determine whether or not there is still anything in their system. To play devil's advocate, maybe that's why Shoaib's not playing ATM.

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    Cricket Web Staff Member Richard's Avatar
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    You'd really, really hope someone has had the sense to do that.

    It'd be madness not to.

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    Cricket Web Staff Member Richard's Avatar
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    Quote Originally Posted by Goughy View Post
    TBH, IMO it isnt the same offence.

    Shouldnt be playing with the offending substances in them. Each failure is a different case.

    If you go on a drive and get caught by 5 speed cameras then each of them is a seperate offence.
    That was roughly what I was trying to say.

    Read Matt79 (think it's 79 - gets confusing with all these MattNumberXs)'s sig for how I feel having read that...

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    Englishman BoyBrumby's Avatar
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    Quote Originally Posted by vic_orthdox View Post
    If there are still drugs in their system, they'd be stupid to play, IMO. Surely the PCB has gotten them private tests to determine whether or not there is still anything in their system. To play devil's advocate, maybe that's why Shoaib's not playing ATM.
    I'd personally go so far as to say they shouldn't be allowed to play whilst they have any banned substances still in their bodies. Even if one accepts their defences as legitimate (it's a stretch, I know, but bear with me), allowing them to play on with illicit substances in their bodies is roughly akin to the coppers letting you drive home after your mates have been spiking your coke with something stronger; you might've ingested it unwittingly but it'll still have an effect.
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    Cricket Web Staff Member Richard's Avatar
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    It's an intreguing one, that, and I'd certainly be in favour of it.

    Trouble is, the analogy isn't complete: driving and playing cricket aren't quite the same thing. If something's happened that's not your fault, depriving you of playing cricket is rather a greater deprivation than that of the wheel of your car.

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    Englishman BoyBrumby's Avatar
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    Quote Originally Posted by Richard View Post
    It's an intreguing one, that, and I'd certainly be in favour of it.

    Trouble is, the analogy isn't complete: driving and playing cricket aren't quite the same thing. If something's happened that's not your fault, depriving you of playing cricket is rather a greater deprivation than that of the wheel of your car.
    I don't wanna derail the thread too much, but you're far more likely to kill someone driving whilst under the influence than bowling whilst juiced up on 'roids, so I'd disagree it is the greater deprivation.

  11. #11
    Cricket Web Staff Member Richard's Avatar
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    You misunderstand me...

    Obviously, the deprivation of a drunk from driving is a more important deprivation, but let's assume that you undertook a hit-and-run and got away with it (or, better, didn't hit anyone) - the person who has innocently been given "'roids" has lost more through something that's not his own fault than he who has lost the use of his car through drinking more 'hol than he thought he was.

    Assuming, remember, that said car-user would not have ended-up in court were he to have driven.

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    Englishman BoyBrumby's Avatar
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    Quote Originally Posted by Richard View Post
    You misunderstand me...

    Obviously, the deprivation of a drunk from driving is a more important deprivation, but let's assume that you undertook a hit-and-run and got away with it (or, better, didn't hit anyone) - the person who has innocently been given "'roids" has lost more through something that's not his own fault than he who has lost the use of his car through drinking more 'hol than he thought he was.

    Assuming, remember, that said car-user would not have ended-up in court were he to have driven.
    You clearly missed the important bit of my post.

    Quote Originally Posted by BoyBrumby View Post
    I don't wanna derail the thread too much

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    International Regular 16 tins of Spam's Avatar
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    Haha, surely double jeopardy doesn't apply in the world of sports doping?
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    International Regular shortpitched713's Avatar
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    I think if it could be proven that what was found on a hypothetical positive drug test was simply residue left over from the time of the earlier test then it would be unfair to charge them again. Obviously the ICC would need to have knowledge of the results of their previous test samples in order to make a judgement.
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    Fingers crossed justice is done in the end, despite the PCB's best efforts.

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