whereagles, on Jun 28 2005, 09:15 AM, said:
In the end the matter was subject to trial and the court has judged there was enough evidence that the pair accquired, transmited and used unauthorized information. Regardless of your judgement of the situation... it was not up to you to judge, but to them.
First, he didn't say rather he was innocent or guilty, he said he didn't look. This was a simple "factual" statement that may or may not be true.
Second, they were not tried in a court. They were taken before a committee, and a committee found enough cause to issue sanctions. This is quite a difference from a court. In fact, in a court, where proof beyond a "reasonable doubt" is the requirement, this "case" has no chance of a guilty verdict based upon what we have heard so far EVEN if the reported events are 100% accurate.
The "good" news is that the bridge committees don't need "beyond a reasonable doubt." When there is an infraction, or an alleged infraction (say a hesitation), they rule based upon what an majority of liked skilled players would do in this situation. Here, they rule an infraction occured (dummy looked into East hand) and then dummy may have transmitted this informtion to South. If there was such an infraction (lets call it UI), what would the average expert south do without this UI? Why they would play AK of diamnods. This kind of ruling leads to adjusted scores all the time (with hesitations and the like).
But here to asume dummy passed UI to south, you have to go one step futher.You have to assume that this transmission was intentional and in violation of all the tenets of the game.... ie cheating. So there is no simple way to adjust the score on the board to 6D-1. If the rule UI, then they have no choice to rule that cheating occured. In 99% of UI cases, committees rule that without admission that the player took advantage of UI, it is just that they can't be put into the position to gain from it, so they must take the normal line. In this case, to rule UI is to de facto declare cheating occurred.
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Well, I haven't judged them, I have judged the process. I have never said they were innocent or guilty. What we are talking about here is the process of catching cheaters. Is one hand like this, with one "observation" enough proof of guilt. In the committees eye it was. In my eyes, I think it needs soooo much more. What is not stated but now is implied by the applause is that there is more we have not been told. Time will tell. But you should realize that they (the committee) will not be the final "judge" of this in a legal sense. This may well end up in court and when it does, the legal system will surely use a higher standand that what was applied here.
Glad this wasn;t an ACBL event, our legal bills are high enough already