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Yeah it turns out I was the victim of identity theft for a while until you started your own account... the fackin' liberty :nono:

 

Are you not a Poole fan Shadow?

 

Not been the same for me since the delightful Shazzybird left.

 

Has she left the forum too?

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What one of those cock-sure, cheating, glory-hunting, smug, fackin' saverners? Might be, but then again Darcy Ward might be a reformed character.

 

 

Ah, sorry. I thought you were one of the guddun's, there are a few (Pirate fan's that is)

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Full decision published

 

Let the debate resume!

 

(It's a download from the FIM site - haven't found a link yet, but google 'FIM alcohol breath test ward' and it should come up

 

Edit: got the link now: http://www.fim-live.com/en/library/

Edited by arnieg
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Well Well Well.

 

So Ward was OVER the legal drink driving limit.

 

HIS legal team were responsible for the delays.

 

He was upset because his family home was being put up for sale..

 

And it was totally out of character for him to be drinking!!

 

:rofl:

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some highlights:

 

6. In the protocol from the breath test (the “Test Protocol”), it was noted that the test results
for Mr Ward were “0.52” at the first breath test, followed by “0.44” at 1:55 pm, “0.37” at 2:30 pm
and “0.34” at 2:37 pm (jointly the “Test Results”). In the Test Protocol it was also noted that the
test results for the other two riders were “0.00”.

 

12. The submission from Mr Ward was accompanied by four written testimonials concerning
Mr Ward ́s person and character; one from Mr Matt Ford, Club Owner, Poole Speedway Ltd, dated
2 September, one from Mr Mark Lemon, Australia Speedway Team Manager, dated 26 August,
one from Mr Joe Parsons, Director of Special Marketing Projects, Monster Energy, dated 27
August, and one from Mr Neil Middleditch, Team Manager of the Poole Pirates, dated 3 September
2014, (jointly the “Ward Testimonials”).

Paras 15-19 confirm that all the postponements were at the request of Ward's legal team.

 

60. Mr Ward stressed that his drinking on the evening of 16 August 2014 was not aimed at
enhancing his performance. The drinking was caused by the sad news he received from his father
during the dinner. He had lost focus and drunk maybe 5 – 7 vodka drinks with lemon during the
evening. He guessed they were “strong” drinks but he did not feel drunk.

65. Mr Ward confirmed that he knew that alcohol was prohibited in-competition in
motorcycling but claimed that he was unaware about how long it took to eliminate alcohol from the
body. He was willing to participate in FIM ́s educational programme for young riders regarding
alcohol use in motorcycling sport.

 

90. Mr Ward has questioned both the validity of the testing procedures and the Test Results
from many different angles. Mr Ward has however not provided any evidence to prove that the
assertions with regard to errors and departures from CAD or the Guidelines could reasonably have
affected and/or caused the positive Test Results. Considering all the circumstances and facts in this
respect, CDI therefore concludes that the testing procedures in this case must be considered to be
satisfactory and the Test Results reliable. CDI notes in this respect i.a. that:
- the selection of the riders to be tested was made in accordance with Article 5.7 CAD;
- the testing was conducted by the Chief Medical Officer, CMO, in accordance with Article
5.2 CAD;
- a CMO must, according to Article 09.6.1 of the FIM Medical Code, be a fully registered
medical practitioner authorised to practice in the relevant country or state in which the event is
taken place;
- the testing was executed in a separate room;
- besides the referee there was an official from FIM who was administering the test;
- a new mouthpiece was used for Mr Ward's test which he placed on the Device himself;
- after the first test Mr Ward requested and was granted a new test;
- after the second test Mr Ward requested and was granted two more tests;
- Mr Ward saw the readings on the display of the breath analyser;
- the CMO, Dr Bekmanis, has signed the Test Protocol and thereby certified that he had tested
Mr Ward and two other riders with the results set out in the Test Protocol;
- Mr Ward did read the form that was filled in about his tests;
- the display of the Device according to the Device Photo shows that the reading was made at
17 August 2014 at 2.26 pm corresponding to Mr Ward' s third test result;
- the display also shows the word BAC and the value '0.37 ‰' corresponding to the third result
of the Test Results;
- the unit ‰ corresponds to g/L;
- the Operating Instructions for AlcoQuant 6020 state that BAC indicates that the unit is
displaying the Blood Alcohol Concentration.

 

97. While stating that it would not be easy to go below a (16) sixteen-month suspension in
view of all the circumstances of the case and the Cilic jurisprudence, the FIM Legal Director
deferred the decision on the quantum of sanction to the CDI Single Judge. The FIM Legal Director
nevertheless submitted that a period of ineligibility ranging from 10 (ten) to 16 (sixteen) months
would appear as a just and proportionate sanction in this case. On the other hand, Mr Weston
claimed that the fault of Mr Ward was very low and that the latter should not get more than a
reprimand or alternatively, a period of ineligibility “of a few months rather than many”.



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64. Mr Ward further claimed that his normal alcohol consumption in Australia was limited to

a couple of drinks on Saturdays and sometimes on Sundays. He had never been involved in any

incidents involving alcohol when riding a motorcycle or driving a car.

65. Mr Ward confirmed that he knew that alcohol was prohibited in-competition in

motorcycling but claimed that he was unaware about how long it took to eliminate alcohol from the

body. He was willing to participate in FIM´s educational programme for young riders regarding

alcohol use in motorcycling sport.

66. Mr Ward finally said the he could not believe that he had exceeded the threshold for

alcohol but took full responsibility for what he had done. He added that there was no excuse

considering that racing was his life and that he had missed the chance to win the World

Championship through what had happened.

 

 

 

:rofl::rofl::rofl::rofl::rofl::rofl::rofl::rofl:

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