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Varnish finally sues BC/UK Sport

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Re:

03 Dec 2018 13:13

Craigee wrote:Golf? Is golf a public funded sport in Great Britain? I can't believe that. There are almost zero similarities between public funded cycling with it's bureaucratic domination with the top guys, the staff, paying themselves huge salaries from the funding and Golf where each golfer plays for prize money for income as an individual and not funded by tax payers and who don't have 30 people on more money than them telling them what to do or else.

You're having me on aren't you samhocking?


I'm talking about the BC Olympic Podium Programme Varnish was in, then removed from. BC don't have a large pool of riders in the podium program to select Olympic squad out of, the OPP is the Olympic squad pretty much. Once dropped out of it, you are no longer going to Olympics unless you earn yourself back in independently.
samhocking
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05 Dec 2018 17:34

the riders, athletes are contracted each year anyway to get their tax funded grants usually based on their results at the worlds each year so they could easily be employees contracted annually. The thing is as has been said by a few here, is that they have less rights than employees under the law. Pretty nasty really when one thinks about it.

I see New Zealand Cycling has had a big tidy up with a big clean out of coaches and sport directors similar to British Cycling. All based on bullying. Making the athletes employees with employees rights would stop the bullying or at least go a long way to stopping it.
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11 Dec 2018 21:04

http://www.cyclingnews.com/news/varnish-calls-former-british-cycling-doctor-freeman-as-witness-in-sex-discrimination-case/
Jess Varnish will call on controversial former British Cycling doctor Richard Freeman to provide evidence on Wednesday to the Manchester Employment Tribunal as part of her sex discrimination case against British Cycling and UK Sport.


That should prove interesting. I'm guessing a lot of "I don't recall", "to the best of my recollection", "if memory serves me right", etc etc.
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12 Dec 2018 10:28

Freeman no show.
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Re:

12 Dec 2018 13:51

fmk_RoI wrote:Freeman no show.


What's the excuse this time? :confused:
"Are you going to believe me or what you see with your own eyes?"

“steel slats” does not a wall make.
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12 Dec 2018 14:17

Lawyer's advice.
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Re: Re:

12 Dec 2018 15:37

Robert5091 wrote:
fmk_RoI wrote:Freeman no show.


What's the excuse this time? :confused:


"Dr Freeman would be cross-examined to establish his probity".
"When we informed him of that, he was advised by his legal team that he should not give evidence," he said.
https://www.bbc.com/sport/cycling/46542615
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Re: Re:

12 Dec 2018 15:45

Robert5091 wrote:
fmk_RoI wrote:Freeman no show.


What's the excuse this time? :confused:


BC sent his discovery statement to the GMC which allegedly contradicts his statements to the GMC. Dirty move thus he had to withdraw to save his own ***.

BC have a Queens Counsel so they clearly have spent a fortune on their defense. Tax money well spent :cry:
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Re: Re:

12 Dec 2018 17:18

thehog wrote:BC sent his discovery statement to the GMC which allegedly contradicts his statements to the GMC. Dirty move thus he had to withdraw to save his own ***.
A source for this allegation would be really useful. It's you, yes? Trustworthy outlets with personnel at the hearing are merely reporting he was advised to avoid cross-examination, they make no reference to your allegation of contradictory statements.
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12 Dec 2018 17:21

Freeman, apparently, was due to talk about some of the "perks' provided by BC, which he has already outlined in his book, such as the dentistry (riders had their fillings upgraded) and the odd unnecessary MRI.
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Re: Re:

12 Dec 2018 19:34

fmk_RoI wrote:
thehog wrote:BC sent his discovery statement to the GMC which allegedly contradicts his statements to the GMC. Dirty move thus he had to withdraw to save his own ***.
A source for this allegation would be really useful. It's you, yes? Trustworthy outlets with personnel at the hearing are merely reporting he was advised to avoid cross-examination, they make no reference to your allegation of contradictory statements.


That's not how it's been reported from what i've read Hog? It sounds like BC & UK Sport sent GMC, Freemans written Witness Statement, Judge said yesterday their legal team would be allowed cross-examination of Freeman's statement and when GMC found out, then decided to attend Varnish case today in order to witness Freeman's cross-examination for use in February. I'm not surprised Freeman stayed at home, it sounds a bit underhand by GMC or, very clever by BC Lawyers to simply remove Freeman as witness and weaken Varnish's defence by 1/3rd.
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Re: Re:

12 Dec 2018 20:18

samhocking wrote:I'm not surprised Freeman stayed at home, it sounds a bit underhand by GMC or, very clever by BC Lawyers to simply remove Freeman as witness and weaken Varnish's defence by 1/3rd.
Underhand? FFS, it's a public hearing. Why rely on incomplete and possibly inaccurate reports when they can observe themselves? Next you'll be calling them rotters for reading his book. And the DCMS report. It seems that being professional is a bad thing when it might show your heroes in a poor light.
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Re: Re:

12 Dec 2018 20:54

fmk_RoI wrote:
samhocking wrote:I'm not surprised Freeman stayed at home, it sounds a bit underhand by GMC or, very clever by BC Lawyers to simply remove Freeman as witness and weaken Varnish's defence by 1/3rd.
Underhand? FFS, it's a public hearing. Why rely on incomplete and possibly inaccurate reports when they can observe themselves? Next you'll be calling them rotters for reading his book. And the DCMS report. It seems that being professional is a bad thing when it might show your heroes in a poor light.


That makes no sense.

Employment Tribunels do not compel witnesses to present testimony. Hence why Freeman was advised to withdraw as anything he said could be used against him in his upcoming GMC hearing. BC having tipped off the GMC.

Read son, read.
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13 Dec 2018 06:12

https://www.bbc.com/sport/cycling/46542615
(Varnish's lawyer David) Reade said that Freeman's witness statement had been provided to the GMC as part of its investigation and they were due to attend the tribunal because "Dr Freeman would be cross-examined to establish his probity".

"When we informed him of that, he was advised by his legal team that he should not give evidence," he said.

Thomas Linden QC, representing British Cycling, said he did not accept that argument, stating that Freeman did not have "the courage to be cross-examined or for me to point out to him that his statements are false".


So there's a written statement by the doc floating around somewhere? With "false statements"?
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13 Dec 2018 08:01

I have no idea if Freeman's statement is false, but Freeman's lawyer, wouldn't have expected him to be cross-examined at the Varnish hearing with GMC invited to witness that. By underhand, I just think it's unusual for one legal team to inform another legal team and effectively use that to nullify the opposition's witness, knowing he would be advised to not attend once he knew GMC would be there.
I get that it's loosely related, but I'm not sure how Varnishes employment status relates to Freeman's GMC medical tribunal in any direct need for GMC to attend, but then we don't know what Freeman's witness statement defending Varnish contains. I don't see why he would need to inclide medical malpractice to witness of Varnish was employed or not though??
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Re:

13 Dec 2018 12:20

samhocking wrote:Freeman's lawyer, wouldn't have expected him to be cross-examined at the Varnish hearing
Are you suggesting it came totes out of the blue when Philips was cross-examined? That when he's told it's his turn to cross BC's witnesses he'll sit there slack-jawed and stutter that he wasn't expecting that? Are you eally suggesting the man is professionally incompetent?
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Re:

13 Dec 2018 12:25

samhocking wrote:we don't know what Freeman's witness statement defending Varnish contains.
You read his book Sam so you know what he said about the medical perks provided by BC. Or maybe you've conveniently forgotten? Maybe you lost your copy of the book?
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Re: Re:

13 Dec 2018 13:09

fmk_RoI wrote:
samhocking wrote:Freeman's lawyer, wouldn't have expected him to be cross-examined at the Varnish hearing
Are you suggesting it came totes out of the blue when Philips was cross-examined? That when he's told it's his turn to cross BC's witnesses he'll sit there slack-jawed and stutter that he wasn't expecting that? Are you eally suggesting the man is professionally incompetent?


Of course not, but Phillips' Witness Statement didn't get sent to GMC, or GMC attending his cross-examination. I just think it was a tactic of BC & UK Sport as a way to remove Freeman as a witness. I understand the details in the book about reserving MRI slots for BC and the medical perks etc. I just don't see how the book relates to medical malpractice unless you know what claims Freeman's witness statement makes.
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Re: Re:

13 Dec 2018 13:37

fmk_RoI wrote:
samhocking wrote:Freeman's lawyer, wouldn't have expected him to be cross-examined at the Varnish hearing
Are you suggesting it came totes out of the blue when Philips was cross-examined? That when he's told it's his turn to cross BC's witnesses he'll sit there slack-jawed and stutter that he wasn't expecting that? Are you eally suggesting the man is professionally incompetent?


Cherry picked that quote nicely to make a snarky point, again.

The full quote is rather different

Freeman's lawyer, wouldn't have expected him to be cross-examined at the Varnish hearing with GMC invited to witness that
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13 Dec 2018 21:44

https://www.independent.co.uk/sport/cycling/jess-varnish-british-cycling-dr-richard-freeman-a8682491.html
Jess Varnish’s employment case against British Cycling and UK Sport received a boost on Thursday when the judge agreed to accept Dr Richard Freeman’s written witness statement despite the respondents’ protests.

The former British Cycling and Team Sky doctor was one of three witnesses Varnish had hoped would appear at the Manchester Employment Tribunal on her behalf but he failed to show up on Wednesday, placing huge question marks over the admissibility of his evidence.
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