Nick Diaz lawyer blasts weigh-in 'loophole,' alleges 'serious' drug test irregularities' and demands Georges St. Pierre rematch

If at first you get dominated for five straight rounds in a mixed martial arts (MMA) prize fight, hit up your lawyer to continue the battle outside the cage to help make up for the disappointing performance.

That's apparently the route that Nick Diaz intends to take in the wake of "Weight Gate," whose legal counsel, Jonathan Tweedale, today issued a lengthy statement (via MMA.tv) that -- for all intents and purposes -- pokes serious holes in the weak response (read it here) that the Quebec Athletic Commission provided in regard to its curious decimal drama.

In short, prior to UFC 158, which took place at the Bell Centre in Montreal, Quebec, Canada, on March 16, 2013, a commission official was videotaped, most likely without his knowledge, informing Diaz moments before he was scheduled to step on the scale about an "off the record type of thing" wherein he could weigh up to 170.9 pounds for his Welterweight title fight against division champion Georges St. Pierre.

Oddly, him and St. Pierre -- and only Diaz and St. Pierre -- would also be afforded an extra hour if needed to get below 171 pounds if either one of them came in heavy.

It was an odd conversation (watch it here), which made it appear that perhaps the commission was anticipating St. Pierre -- who we learned later was sick and injured heading into the main event -- would struggle to hit 170 pound threshold on the button. Aside from the video, no other evidence suggests that the commission was bending the rules for its hometown MMA hero; in fact, previous weigh in events under its authority never included "the decimal."

Regardless, Tweedale shredded the commission's response in a lengthy statement, suggesting that the rules were manipulated in favor of the hometown fighter:

"The Quebec Commission’s statement is a disappointing admission that the March 16 event was not conducted under the rules applicable to a UFC title fight – or under the rules the fighters contractually agreed to, upon which rules Mr. Diaz was entitled to rely under his bout agreement.

Section 168 of the Regulation respecting combat sports provides that the maximum weight that a fighter must achieve at the official weigh-in shall be determined in advance by contract – and if the fighter does not make the contracted weight – in this case 170 pounds – then 20% of his purse or "the contestant’s remuneration" will be deducted and paid to his opponent (subsections (7) and (8)).

The contracted weight for this fight was 170 pounds. 170.9 is not 170, anywhere in the world, for a title fight. There is no question what "170 pounds" means, in the bout agreement, as a matter of contractual interpretation.

The Quebec Commission deliberately relaxed the rule in this case and, by its own admission, allowed their home-town fighter to "make weight" even if he weighed more than the contracted weight.

The Commission’s statement that their Regulation "does not take decimals into account" is bizarre and untrue. Section 74 of the Regulation provides that at an official weigh-in, "[t]he scale shall have graduated readings at each 100 g (3.6 oz) and shall be certified by Measurement Canada." There would be no need to have graduated readings at each 100 g if the Commission "does not take decimals into account."

It's not a stretch to believe that the commission official, for whatever reason, made a serious error in judgement informing Diaz in the manner in which he did, seemingly waiting until the very last minute to reveal a seemingly insignificant technicality.

Tweedale's by-the-book argument is seemingly spot on.

However, would one pound have made a difference in the fight between Georges St. Pierre vs. Nick Diaz? Not at all. In fact, Diaz could have weighed 10 more pounds than "Rush" and probably would have achieved a similar result. He was simply outclassed by the French-Canadian on perhaps his worst night in a half-decade.

The video alone probably would have been enough to stoke controversy because, well, it did. However, Diaz and his legal eagle took it one step further with the statement, which also included bold claims of drug test rigging, one that Diaz himself floated shortly after the UFC 158 press conference.

And if that wasn't far enough, Tweedale called for an immediate rematch at 170 pounds or requested that St. Pierre vacate his coveted strap.

His closing:

"Further serious irregularities including, inter alia, the Quebec Commission's failure to supervise fighters' provision of samples in connection with testing for Prohibited Substances and Prohibited Methods (under sections 71.1 to 71.6 of the Regulation), will be set out in an official complaint that will be filed imminently.

In the circumstances, Mr. St-Pierre remains legally and ethically obligated to fight Mr. Diaz at 170 pounds or else vacate the belt in favor of those prepared to fight at welterweight."

http://www.mmamania.com/2013/3/26/4151038/nick-diaz-lawyer-weigh-in-loophole-drug-test-irregularities-georges-st-pierre-rematch-montreal

I read about this, I don't know, I like Diaz but its getting to the point where, stomp complaining.. You should have stopped the take downs. I really don't know what else to say about it.

Diaz is admitting that he needed to further weaken an already injured & sick St. Pierre in order to win?

Can't see much coming of this complaint. Nobody would pay for a repeat of this one-sided title fight.

delete

mmainamerica wrote:http://www.bloodyelbow.com/2013/3/28/4156460/ufc-dcma-copyright-georges-st-pierre-gsp-nick-diaz-decimal-weigh-in

That's seriously messed up!

Weight Gate: Diaz attorney releases private text messages that suggest UFC 158 'decimal' cover up

Decimal? What decimal? "I don't know what you are talking about!"

Mixed martial arts (MMA) mole hills are getting molded into massive mountains in record time thanks in large part to Jonathan Tweedale, legal counsel for Nick Diaz.

By now, most fight fans should be well aware of "Weight Gate," a bizarre situation that revealed an Ultimate Fighting Championship (UFC) official, Mike Mersh, relaying a message to Diaz from the Quebec Athletic Commission that he was permitted to weigh up to 170.9 pounds for his Welterweight title fight against division champion Georges St. Pierre.

Mersh, who was unknowingly videotaped by a member of the Stockton, Calif.,-based fighter's entourage, described it as an "off the record type of thing." The timing, and circumstances, that surrounded Mersh's eleventh-hour communique flew in the face of the Canadian province's combat sports rules on record, which Tweedale highlighted in a statement last night (read it here).

It was pretty clear that a mistake was made; however, rather than owning up to it, now it appears that Mersh and the commission are seemingly working in concert, pretending that no rules were broken, bent or overlooked at the Bell Centre in Montreal, Canada, on March 15, 2013.

And Tweedale, who tonight released correspondence between counsel via text message (via BloodyElbow.com), continues to ratchet up the "decimal" impropriety.

Check out these text exchanges that took place shortly after the UFC 158 weigh in (JDT = Tweedale, Diaz's attorney and MM = Mersh, UFC Vice President of Business and Legal Affairs):

JDT: "Hi Mike. Nick is curious about the .9 pound allowance at today's weigh-in for his championship bout. He doesn't want to be a nuisance about this, but he's a bit confused. Can you shed any light?"

MM: "I don't know what you're talking about. All parties weighed in appropriately according [to] the Quebec Commission."

JDT: "Of course. You're right, and he knows that. He just wanted to know why the Quebec Commission was okay with a 0.9 pound weight allowance for a championship fight. Nick's not going to make an issue of it, but it's been gnawing at him since it was explained to him at the weigh-ins, on an "off the record" basis or otherwise. I just want him to stop thinking about it, and thought you could provide some insight."

MM: "I have been told everyone made weight so there's nothing to make an issue about. He might want to focus on how he's going to win the fight rather than spending the night making excuses about why he lost."

JDT: "C'mon Mike you're just going to stonewall on this issue? We're reaching out in a discreet manner, as appropriate in the circumstances. Meet us half-way."

MM: "Huh? The Commission determined both fighters weighed 170 or less. What am I supposed to do about that? I would think Nick would be excited to compete for the UFC Welterweighttitle. Seems like he's focused on the wrong issue."

JDT: "No one wants you to *do* anything. If the answer is simply "the Quebec Commission permits a promoter to request that .9 pounds be rounded down in a championship fight (unlike, e.g., the Washington commission for Nate's fight), and Zuffa made that request here", then pls confirm. Far better to reach out this way than the uncooperative Twitter/media way."

MM: "How would I know what the Quebec Commission does? I was informed everyone made weight like everyone else at the weigh in. Zuffa made no requests for anything from the Quebec Commission. Good luck to Nick with the fight."

http://www.mmamania.com/2013/3/28/4159106/weight-gate-nick-diaz-attorney-private-text-messages-michael-mersh-decimals-ufc-158