AFL statement including fines and sanctionsafl.com.au
7:16 PM Fri 30 Nov, 2012THE FULL AFL Commission today met in Melbourne to hear the matter of breaches of the AFL Player Rules for conduct prejudicial to the draft and in breach of the Total Player Payments (TPP) provisions of the AFL Rules by the Adelaide Crows Football Club, current and former officials of the Adelaide Crows Football Club and former Adelaide Crows listed-player Kurt Tippett.
AFL Commission chairman Mike Fitzpatrick said the commission regarded the salary cap and draft as fundamental to the development and ongoing success of the AFL, and the long-term future of the 18 AFL clubs.
"For this reason, there can be no room in our game to disregard or breach our rules," Mr Fitzpatrick said.
"To safeguard our competition, the rights of all clubs, and the faith of our fans, there can be no compromise when it comes to the enforcement of our rules.
"The AFL Commission has today dealt with offences dating back more than three years, relating to the Adelaide Football Club, servants of the club and player Kurt Tippett, seeking to both circumvent the operation of the draft and trading system, as well as to breach the total player payments provisions of the AFL's rules," he said.
Mr Fitzpatrick said all parties had pleaded guilty to all charges and the AFL Commission took into account the levels of remorse by each of the charged parties. The commission's decisions were as follows:
Adelaide Football Club is:1. Fined $300,000
2. Prohibited from exercising, at the 2013 National Draft, its round one and round two selections, as those selections are identified immediately prior to the exchange period as specified under rule 4.3.
3. Prohibited from exercising, at the 2013 National Draft, any rights conveyed under rule 4.2.1 or rule 4.2.2.
Note that the sanction referred to in paragraph two above does not prohibit Adelaide FC from exercising a round one or round two selection at the 2013 National Draft if it obtained those selections via an exchange under rule 4.3 or by way of free agency compensation under rule 38.6.
Steven Trigg is:4. Fined $50,000;
5. Suspended for a period of 12 months from occupying any office or performing any function (including attending matches or training sessions) for or on behalf of any club, such suspension to commence on 1 January 2013;
Note that, pursuant to rule 16.1, on the condition that Trigg receives no payment of money or receipt of benefits of any kind from any club for, or in respect of, the period of six months commencing on 1 January 2013, six months of the 12 month suspension is suspended for a period of five years.
John Reid is6. Suspended for a period of 12 months from occupying any office or performing any function (including attending matches or training sessions) for or on behalf of a club, such suspension to commence on 1 January 2013;
Note that, pursuant to rule 16.1, on the condition that Reid receives no payment of money or receipt of benefits of any kind from any club for, or in respect of, the period of 6 months commencing on 1 January 2013, six months of the 12 month suspension is suspended for a period of five years.
Phil Harper is:7. Suspended for a period of six months from occupying any office or performing any function (including attending matches or training sessions) for or on behalf of a club such suspension to commence on 1 January 2013.
Note that, pursuant to rule 16.1, on the condition that Harper receives no payment of money or receipt of benefits of any kind from any Club for, or in respect of, the period of 2 months commencing on 1 January 2013, 4 months of the six month suspension is suspended for a period of five years.
Kurt Tippett is:8. Suspended from participating in the pre-season competition 2013 and for 22 home and away matches of AFL football in the 2013 premiership season on the basis that the final 11 home and away matches of the suspension are suspended for a period of five years.
9. Fined $50,000
Note that the sanction referred to in paragraph eight is imposed by way of condition pursuant to rule 16.1 on the basis that Kurt Tippett is relieved from the liability for the sanction specified in rule 17.19.2(c).
Note that the suspended sentence in respect of any party would be triggered by a further breach by that party of rule 17 of the AFL player rules within the five year period or by a failure to comply with the sanctions ordered above.
Mr Fitzpatrick said he wanted to acknowledge for the record the Adelaide Crows Football Club, led by club chairman Rob Chapman, had co-operated fully with the AFL, once the investigative process had begun, including opening all records to auditors and making all relevant staff available at all times, including those individuals facing charges.
The AFL Commission had also taken into account the fact the Adelaide Crows Football Club had elected to forfeit its first two selections at the recent NAB AFL draft, in advance of today's hearing.
Mr Fitzpatrick said he commended the work of AFL general manager football operations Adrian Anderson and senior AFL football operations staff Ken Wood and Brett Clothier for their work around this investigation.
"On behalf of the AFL Commission, I want all 18 clubs and all supporters around the country to clearly understand our position.
"Any club engaging in a scheme involving payments to players in contravention of our rules will be penalised.
"AFL club officials, players and player managers have a fundamental responsibility to their members and supporters and the game to manage their affairs in an honest, open and responsible way," Mr Fitzpatrick said.
AFL chief executive officer Andrew Demetriou said the process for today's hearing was that the commission considered a total of 11 charges laid by the general manager of football operations, Adrian Anderson. These were as follows:
Three charges against the Adelaide Crows Football Club - related to being involved in a breach of the rules for conduct prejudicial to the draft and a breach of the rules relating to conduct prejudicial to the Total Player Payments provisions.
Three charges against the Adelaide Crows CEO Steven Trigg: - as per those against the club, related to being involved in a breach of the rules for conduct prejudicial to the draft and a breach of the rules relating to conduct prejudicial to the Total Player Payments provisions.
Two charges against former Adelaide Crows general manager football operations John Reid: - related to being involved in a breach of the rules for conduct prejudicial to the Draft and a breach of the rules relating to conduct prejudicial to the Total Player Payments provisions.
One charge against current Adelaide Crows general manager football operations Phil Harper: - related to being involved in a breach of the rules for conduct prejudicial to the Total Player Payments provisions.
Two charges against formerly listed Adelaide Crows player Kurt Tippett: - related to being involved in a breach of the rules for conduct prejudicial to the draft and a breach of the rules relating to conduct prejudicial to the Total Player Payments provisions.
"As announced by chairman Mike Fitzpatrick, all parties pleaded guilty to all charges laid against them," Mr Demetriou said.
"The charges against the Adelaide Crows Football Club, its officials and former player Kurt Tippett all related to, firstly, a side agreement, outside the standard playing contract, for the Adelaide Crows to transfer player Tippett to the club of his choice after the 2012 season. This agreement was signed in 2009 and did not come to the attention of the AFL until the latter part of this year.
"Secondly, there were side agreements, outside the operation of the TPP rules, for payments to player Tippett of $100,000 in both 2011 and 2012, in addition to his standard playing contract and an ASA contract with the club for promotional work. These side agreements were signed in 2009 and did not come to the attention of the AFL until the latter part of this year. As part of this, a number of inaccurate statutory declarations were lodged by the Adelaide Crows with the AFL. The effect of this would have been to make Kurt Tippett a free agent when he was not entitled to be one.
"Thirdly, there was the facilitation by the Adelaide Crows Football Club of three separate side agreements, outside the operation of the TPP rules, for payments to player Tippett in 2011 and 2012, in addition to his standard playing contract and an ASA contract with the club for promotional work. The facilitation of these agreements occurred across the various years 2009, 2010 and 2011 and did not come to the attention of the AFL until the latter part of this year. As part of this, a number of inaccurate statutory declarations were lodged by the Adelaide Crows with the AFL."
http://www.afl.com.au/news/newsarticle/tabid/208/newsid/151973/default.aspx
