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Elinescu-Wladow update
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From Neapolitanclub.altervista.org :

On April, 15, 2014 the German Bridge Federation (DBV – Deutscher Bridge Verband) appealed against the Ruling of the WBF Disciplinary Commission, after the hearing held in Dallas on 21st and 22nd of March.

(Full DBV Appeal letter has been published at “Bridge Magazin”, the official review of DBV).

Additionally, last April in Kassel an Independent Commission of five German top players was set up to check the evidence (videos, hands etc) against Elinescu and Wladow. The German top players are: Christian Schwerdt, Jörg Fritsche, Michael Gromöller, Wolf Stahl, Peter Jokisch.

The conclusions of the Independent Commission are expected to be published soon.

 

From Newinbridge.com:

Landgericht Says No to Doctors.

Dr. Michael Elinescu and Dr. Entscho Wladow appealed to the District Court (‘Landgericht’) of Colonia against the provisional suspension decided by the German Bridge Federation (DBV - Deutscher Bridge Verband), but their request has been rejected.

 

The following Google-translations are of texts taken from the German Bridge Magazin (May 2014), Der Reiz-Husten (The Lovely Cough). As usual with GT there are some "curiosities" but I think we can get the sense of what is said.

The German-text original PDF can be found here:

http://www.bridge-verband.de/picture/doc/4218

 

Article by Bernd Paetz.

The German senior team became sensationally World Champion in September 2013 in Indonesia. Now, a dark shadow has fallen on this triumph: The World Bridge Federation (WBF), the German pair of Dr. Entscho Wladow / Dr. Michael Elinescu found guilty of having illicit information transmitted by a cough code.

A particularly heavy fraud allegation weighs in bridge sport in which ethical behavior at the table enjoys a high priority. According to the draconian penalties that the WBF said: As a pair the 71-year-old Dr. Wladow and the 61-year-old Dr. Elinescu were disabled for life, as a single player for ten years. Wladow and Elinescu maintain their innocence and have an attorney turned on the appealed. Also, the DBV has lodged an appeal. Accordingly, the judgment is not yet final in the last instance.

Wladow and Elinescu have made a name in many tournaments in Germany and in the whole world of top-Bridge as an exceptionally strong player as well as a pair that stood in the criticism again and again because of its behavior. Abroad, they are known as "the German doctors", but also as "the crazy doctors". The attribute "crazy" may be understood as a mixture of admiration and criticism: especially Entscho Wladow is estimated for decades because of his unconventional and often ingenious moves - but also feared because of his often rude to disrespectful behavior towards the other parties at the table. Michael Elinescu came especially into focus during the first championship week in August 2013 in Berlin because of his harsh public criticism of the tournament management.

In Bali the Bulgarian-born Wladow and the native Romanian Elinescu had a large share of the unexpected title. During the finals, the opponent (USA II) had expressed doubt that Wladow / Elinescu approached all above board. So the players were monitored by the tournament partly by video. Concrete evidence of illegal behavior, however, there was not - and so the German team was elected the end of September to the world championship after winning the title without ifs and buts.

In early October, the U.S. Americans the WBF tuned in then. The German Bridge Federation (DBV) and also Wladow / Elinescu as victims learned none of the allegations and investigations in the first months. Only in January the DBV heard for the first time of a pending case. More on the timing of the events and actions of the DBV in the interview with Association President Ulrich Wenning.

Since the last weekend in March, the WBF judgment is publicly known. In the German Bridge scene since there is a frenzy. before especially in the Internet forum DOUBL (German Open Independent Bridge-list) intensively on the guilt or innocence of Wladow / Elinescu and discussed the actions of the DBV. Meanwhile videos are visible from the Championships in Bali on Youtube - even the DBV has made available on the homepage.

In its judgment the WBF holds it is proven for that Wladow / Elinescu to have submitted a cough Code shortening in their leaves, so the appeal decisions or from games to facilitate for the partner.

Wladow / Elinescu deny any form of unauthorized information - and have also declared this in writing to the Executive Committee. The DBV has launched its own investigation against the pair. Until further notice, both players for tournaments in and for Germany are suspended. Players can block implement the World Association only in his own events in practice. According to the statutes of the World Federation WBF a judgment must, however, be taken over by the national associations for the respective area of influence (Ziff.2 the WBF disciplinary codes).

The indictment was originally addressed not only against Wladow / Elinescu, but also against the DBV. In its judgment, the WBF has then emphasized that there is no suspicion of the other members of championship teams and the DBV. The DBV has reprimanded a number of formal defects in the procedure of the WBF court and spoke out during the procedure for a setting or adjournment of the proceedings against the DBV.

On the following pages the bridge Magazine has compiled extensive material in a documentary to allow readers to form their own picture of events. This includes the correspondence between the German Bridge Federation (DBV) and the World Federation (WBF). The data written in English originals can be viewed on the DBV website, in Bridge magazine the most important passages are published in German language. The contentious hands are on the Internet address:

http://www.worldbridge.org/bali-results-bulletins.aspx

 We Want a Fair Trial

Interview with German Bridge Federation President, Ulrich Wenning

By Bernd Paetz

It's the biggest scandal that the game of bridge in Germany ever experienced. For the German Bridge Federation (DBV) are apparent around the judgment of the World Federation many questions. And also the behavior of the Bridge Association itself is questioned by some members. The Bridge Magazine tried talking to DBV-President Ulrich Wenning, to elucidate the processes of the DBV.

Mr. Wenning, you have - as DBV-President and as a bridge player - after the sensational World Cup success of Bali restless weeks behind - and certainly before you. How is the situation in your view?

Wenning: You can imagine that it just was initially only a shock when the first news reached us in January, at the World Championships in Bali is not everything is above board with the German team. We are flabbergasted. Initially it was for us just a matter of maintaining secure and clear information, which is exactly who accused - and what evidence underlying the.

How is the DBV, as you are personally connected to the legal process?

Wenning: I am myself a lawyer for 35 years and I must say that I would never have thought such a procedure possible. According to my understanding of the law is necessary to inform the accused early and tell them what they are accused of, so that they can defend themselves adequately.

And that has not happened?

Wenning: Everything other than that already in early October, were launched on the initiative of Team USA 2, which had lost the final against us in Bali investigation by the world governing body. We have thereof quite by chance know more than three months later. Myself and our sports director Dr. Harsanyi have excellent international contacts and we first try to get concrete information.

When was this information?

Wenning: We have the end of January to mid-February little by little repeatedly obtain individual documents, but never a comprehensive description of the allegations and the evidence. To make matters worse, we then learn that the hearing in Dallas takes place just on the weekend in Berlin where we had our annual meeting with election of the entire Bureau and also a Advisory Board and Executive Committee meeting. That's why I quite formal request with my letter of March 12, a termination of the proceedings against the DBV.

Because you were convinced of the innocence of your two team-mates?

Wenning: That is not the question at this point. For one, it was to take the DBV itself out of the firing line. I have acted as DBV-President, not as a member of championship teams. Dr. Wladow and Dr. Elinescu have submitted a written declaration that they have not committed the alleged fraud. From a purely legal - ie without going into the merits - the method in our view was highly flawed and therefore not acceptable in this form..

Why?

Wenning: Firstly, because the evidence was not completely accessible to us. But also because there were serious bias issues. I myself am a member of the five-member Disciplinary Commission and therefore biased with certainty. Another member of the Commission, Jens Auken has, unfortunately, passed away in February. Therefore the just three member commission would need to be supplemented.

Are there any other caveats?

Wenning: Everything other than that already in early October, were launched on the initiative of Team USA 2, which had lost the final against us in Bali investigation by the world governing body. We have them by chance know more than three months later. Myself and our marshal Dr. Harsanyi have excellent international contacts and we first try to obtain concrete information.

After the verdict was made public, has been accused of you that you have not informed earlier about the procedure.

Wenning: It is for myself one incredible process that we have the judgment on 31. March was notified in writing that it was but were disseminated publicly via the Internet. First to matters of content: For me as a DBV-President, it is a success that the DBV itself and the other four members. of the team were expressly excluded from any suspicion - see the judgment of the WBF paragraphs 9, 16 and 30. But back to the technicalities: When should we have who inform serious about a running process? We should have only fueled speculation. Once again: The process I believe in this form of legally unacceptable. Therefore, the DBV has also appealed against the judgment filed. To put it quite bluntly: It's not about us, to provide us with formal legal steps on the side of the accused. We want a fair trial. We are interested in the truth. If the two players found guilty in a fair trial, then we will also consider all the consequences arising therefrom.

Following the become known the judgment you saw personally massive criticism. Among other things, the point was made that you should hire an outsider as a concerned so would have to represent the interests of the DBV.

Wenning: Who could have the DBV to represent sensible at the trial in Dallas? In addition to the legal know-how and Bridge expertise still was required - and as all possible German candidates had been committed at the weekend in Berlin. Also: An external would have had a much bigger problem, to prepare for the hearing, because were not all the necessary process documentation.

In the German Bridge scene was hotly debated after the publication of the WBF judgment, such as the DBV now with the two accused deal should namely: participation in the Bundesliga, former tournament wins etc.

Wenning: Even that was and is for us a difficult situation. Until the legal effect of a judgment are presumed innocent. On the other hand, it was of course unacceptable to other players that they should play against opponents at the upcoming Bundesliga weekend that were condemned by the world governing body for such serious accusations. The DBV-disciplinary court has suspended both players first. A final judgment in any case would have to implement our national association.

This is the purely formal-legal side. But the DBV is required still also to advance the truth independent of the WBF bodies. It must even have an interest in finding out what is really in the objects of it..

Wenning: Of course, the DBV has also launched its own investigation. We want to clarify in a clean process, what really happened in Bali - and then draw the right conclusions. What happens next with the WBFU judgement, we have to wait, because we and the two accused have appealed.

The DBV is no longer a suspect in the opinion. Why you still have appealed?

Wenning: For two reasons. First principle: Because the process was not fair. Secondly - and this is even more important: To the continuation of the procedure to be not only a "spectator" without rights, look at everything from the stands, but even nothing can actively contribute to finding the truth. We want to be able to influence it, what evidence will be used, such as which witnesses are to be heard. This is only possible when we are "party". The process is far too important than that of the DBV could watch it only indifferently.

On Thursday the DBV an application for an injunction against the Doctors, the DBV and the WBF judgement has been delivered. Thus, the WBF and to the suspension by the DBV should be repealed. What this means for the procedure?

Wenning:This is confirmed in my cautious communication. There is a case pending and any public announcement could harm the DBV.

 

Excerpts from a statement which Dr. Entscho Wladow published in Internet forum DOUBL

"At no time did we violate § 73b2 (transmission of unauthorized information).

After the WBF statute (§ 14) Germany would have had to be the venue of the hearing.

Three applications were submitted bias against American judges. Rejected !

Three shift requests the appointment of 21/03/2014 - justified by the General Assembly of the DBV - were rejected.

Witness statements and statements on our part were regarded by the Americans as non-existent.

Evidence has been withheld by the highest authorities of the WBF. For presentation of the material would never have a process may take place. The material is accidentally gets into our hands . The men are suspected of having tampered with any tape volumes. Then there are the 4 months lead time !

Now the situation is such that, by publishing on the internet before final law is spoken, the men will have a big problem to find a neutral judge who is not biased.

I am very sorry that I have caused so much damage to their image for Germany."

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