Author Topic: Essendon face AFL probe/Players found Guilty by CAS  (Read 632562 times)

Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #1260 on: August 05, 2013, 10:58:49 PM »
Turd is using Johnny Howard's spin doctor bare in mind...  :shh

Offline DCrane

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Re: Essendon face AFL probe
« Reply #1261 on: August 05, 2013, 11:31:42 PM »
Evans was also not going to stand down.
The media have now moved in for the kill with Hird and as a spectator I don't mind that, but Ricciuto is a tool. The media had nothing so one of their own claimed a rumour. The media can now report on itself for a couple of days,  ::)

Don't get too excited peoples. Hird is going nowhere unless he is pushed and he will fight that too. Publicly hiring someone of the calibre of Julian Burnside QC is a pre emptive move to say he is going to appeal any sanction against him. He hasn't hired a team of A-Grade lawyers and PR spinners to get off a parking fine, he's going to try and weather the poo that gets thrown when the report sees daylight.

Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #1262 on: August 05, 2013, 11:34:56 PM »
WADA.
ACC.
AFL.

Even mr. Weapon etc.

Got lawyers, also.
« Last Edit: August 06, 2013, 12:39:36 AM by Bentleigh-esque »

Offline DCrane

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Re: Essendon face AFL probe
« Reply #1263 on: August 06, 2013, 12:00:13 AM »
True biscuit.
It makes you think they have been told that the players are not going to be hit with sanctions.
Because if they cop an infraction notice, it doesn't matter how good Hird's lawyers are, he will have lost his moral entitlement to the job. Surely he's not going to take that on.

Online WilliamPowell

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Re: Essendon face AFL probe
« Reply #1264 on: August 06, 2013, 07:00:22 AM »
True biscuit.
It makes you think they have been told that the players are not going to be hit with sanctions.
Because if they cop an infraction notice, it doesn't matter how good Hird's lawyers are, he will have lost his moral entitlement to the job. Surely he's not going to take that on.

In Jimmy's world it's all about Jimmy, his image, his reputation so sadly he would take it one without batting an eyelid

How it effects/impacts on anyone else is secondary in Jimmy's world
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Online Damo

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Re: Essendon face AFL probe
« Reply #1265 on: August 06, 2013, 08:32:17 AM »
Time to sit on the toilet with the Herald-Sun and enjoy a quality James Hird.

Great way to start the day

Online one-eyed

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Re: Essendon face AFL probe
« Reply #1266 on: August 06, 2013, 12:56:26 PM »
Teflon Dons escape drug bans

    by: Chip Le Grand and Courtney Walsh
    From: The Australian
    August 06, 2013


NO Essendon footballer is expected to be charged with a doping offence as a result of the Australian Sports Anti-Doping Authority's six-month investigation into the use of peptide hormones at the AFL club.

The Australian understands ASADA's 400-page report, having been examined by club officials and their legal team, does not contain a prima facie case that any Essendon player took a banned substance during the 2012 season.

Six months after the so-called "blackest day in Australian sport", when the Australian Crime Commission alleged widespread use of performance-enhancing drugs in the AFL and NRL, the evidence is yet to emerge.

ASADA has emphasised its investigation is ongoing and the agency's newly enshrined coercive powers, which enable it to force witnesses to attend hearings and provide documents, may generate further evidence of what went on at the club.

However, on the evidence assembled so far, Essendon is convinced there is no "smoking gun" which proves any individual footballer took a banned substance either deliberately or inadvertently as part of the supplements program designed by former high-performance manager Dean Robinson and sports scientist Stephen Dank, who both publicly said players were not administered with banned substances as part of their regime.

Dank has so far declined to give evidence to ASADA. He is understood to be preparing a legal challenge against any attempt to force him to take the stand.

Dank's unwillingness to co-operate with investigators has made it difficult to establish a clear chain of custody showing which footballers were injected with what substances. Dank has publicly said Essendon players were treated with AOD9604, a contentious peptide hormone the World Anti-Doping Agency has since declared banned. Essendon maintains it does not know whether any players were treated with it.

With ASADA's focus now shifting to several NRL clubs, where players are today expected to be interviewed by anti-doping investigators, Essendon's fate is in the hands of the AFL.

The AFL Commission has broad powers to punish any club, official or player found to have brought the game into disrepute. Prominent former Essendon player Tim Watson, the father of current club captain Jobe, yesterday said he believed the AFL had already decided to strip the club of this season's premiership points.

"The AFL operate as well, in fact even better than a political party the way that they operate - the way that they leak out information," Watson told Melbourne Radio SEN. "They conditioned, I think, the general public a while ago to this whole idea that points were going to be taken away."

The absence of any doping violations at Windy Hill will weaken the AFL's hand in responding to the Essendon scandal. One lawyer connected to the case questioned what action the league should take, if any, given investigations by the ACC and ASADA had so far produced no criminal charges or doping violations.

Any decision to strip the club of premiership points will almost certainly trigger legal action by Essendon, which has engaged prominent barrister Jack Rush QC. Coach James Hird is being advised by human rights champion Julian Burnside QC.

ASADA made available its "interim" report last Friday to the AFL, which in turn provided a copy to Essendon under strict confidentiality. Under normal ASADA procedures, athletes suspected of doping violations are given 14 days to show cause why they shouldn't be formally charged. So far, no infraction notices have been issued.

ASADA declined to explain why it took the unorthodox step of issuing an interim report to the AFL rather that waiting for its investigation to be complete, saying the investigation was ongoing.

AFL deputy chief executive Gil McLachlan said there was no certainty the league would complete its determination of the case against Essendon before the start of next month's finals series.

Responsibility for recommending charges under AFL guidelines falls to the league's general counsel Andrew Dillon, who is reviewing the ASADA report and 13,0000 supporting documents.

"If any action is to be taken, he'll make a decision when it's appropriate," McLachlan said.

"I'm not sure when that's going to be. As I've always said, we're keen to bring this to a head before the finals and we're hopeful that will be done. But the process has to play out."

http://www.theaustralian.com.au/sport/afl/teflon-dons-escape-drug-bans/story-fnca0u4y-1226691731338

Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #1267 on: August 06, 2013, 01:17:39 PM »
1) Watson is a utter flog
2) I would assume the interim report is merely for banning the cheats from finals football. Player bans to come afterwards.

Online WilliamPowell

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Re: Essendon face AFL probe
« Reply #1268 on: August 06, 2013, 01:42:59 PM »
So Essendon is given a copy of the report "under strict confidentiality". Which one assumes means no leaking it to the media

But at the same time the reporter says "The Australian understands ASADA's 400-page report, having been examined by club officials and their legal team, does not contain a prima facie case that any Essendon player took a banned substance during the 2012 season."

How could the Australian make that assumption without some sort of knowledge of its contents?

This just keeps getting murkier and grubbier every day   :banghead :banghead

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Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #1269 on: August 06, 2013, 01:45:05 PM »
grubby as can be 

for mine the sport in general has been going down hill for a long time - but when jobe was allowed to play after the tv interview that was the day it went into the poohole.

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Re: Essendon face AFL probe
« Reply #1270 on: August 06, 2013, 05:59:32 PM »
Perversion of the course of justice, is another charge that comes to mind.....
Caracella and Balmey.

Offline Penelope

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Re: Essendon face AFL probe
« Reply #1271 on: August 06, 2013, 06:08:42 PM »
If the AFL do strip the bummers of their points before the finals essendon will take an court injunction to play in the finals.

If the courts uphold the AFL decision, then anyone that essendon beats, as well as the team that finished 9th may well launch their own proceedings.

2013 final series may just be declared a non event.

I wonder what sort of pay rise andy pandy would give himself after that sort of fiasco
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Re: Essendon face AFL probe
« Reply #1272 on: August 06, 2013, 08:18:31 PM »
Essendon today has turned Windy Hill into Fort Knox with fencing put around the perimeter to keep the pesky media out of the players' car park  :wallywink.

------------------------------------------------------------------------

AFL Commission should not be deciding on Essendon charges, says league's former legal adviser David Galbally QC

The World Today
abc.net.au
By Alison Caldwell


A leading Melbourne barrister says the AFL Commission should have nothing to do with the decision on whether to lay charges against Essendon Football Club.

David Galbally QC says the AFL is not independent and would fail the governance test by investigating one of its own football clubs.

There are concerns the Australian Sports Anti-Doping Agency's (ASADA) much anticipated report into alleged doping offences says very little about doping but a great deal about governance failures at Essendon last year.

ASADA's interim report was presented to the AFL last Friday night and to Essendon on Sunday.

It has been reported Essendon's players have escaped penalties but the club itself could be found guilty of bringing the game into disrepute.

Mr Galbally, a former legal adviser to the AFL, has appeared at the AFL tribunal on numerous occasions.

He says there is a "huge" conflict of interest in the commission determining whether charges should be laid against Essendon.

"I think there is a huge problem now emerging, and that is the commission itself to hear and deal with these charges," he told The World Today.

"Whatever charges are laid and whatever is dealt with has got to be seen by the public throughout the country as being transparent and dealt with by individuals that do not have an interest in the outcome, in any way shape or form.

"[Bringing the game into disrepute] would be the charge that would be laid against the Essendon and it may be a charge laid against some officials.

"That charge should be heard by a body that's outside the AFL and it should be opened to the media for everybody to hear and see what the result is.

"There may be a big question mark over Essendon until the report is finalised and whatever happens, happens, and the public will have question marks and the finals, if that's the case when the finals come about, may well be played under a cloud."

Mr Galbally, who was also the lawyer for Essendon's former sports fitness boss Dean Robinson - who brought sports scientist Stephen Dank to the club - says it was wrong to expect ASADA to finish its report within six months.

"I think it was unrealistic to have expected a final report now, there would be close to if not in excess a hundred individuals that had to be interviewed," he said.

"It's a very huge task, it's a large investigation."

'Tremendous misgivings' about ASADA report

ABC Grandstand commentator Gerard Whateley says it is "unfathomable" that ASADA's interim report is more focussed on governance issues than on what substances were used at Essendon.

Whateley says only by examining the club's supplements program can proportionate penalties be handed out.

"I have tremendous misgivings about what ASADA has put forward as its interim report, because it is a governance report," Whateley said.

"ASADA's charter, I would have believed, to produce a report would have been on what substances were used, what was the legality or otherwise of those substances, which players were involved and will it lead to infraction notices for players to face bans.

"Because that's what ASADA is, it's to investigate the potential of doping violations of individual athletes. Specifically none of that information is contained in the 'interim ASADA report', in 400 pages. I find that unfathomable.

"They're clearly not ready to deliver any findings on the substances in the program. I honestly don't understand what that 400 page report is, and what its place is coming from ASADA.

"My personal opinion is the process is now running backwards. The question that must be answered is did Essendon engage in a systematic doping campaign? Were players given prohibited substances?

"With those answers you actually get proportional penalties, the potential for punishment, the appropriate charges under both WADA and from the AFL.

"I think without the answer to that pivotal question they're dancing around the edges and I actually that's quite a dangerous thing to do."

http://www.abc.net.au/news/2013-08-06/conflict-of-interest-in-afl-deciding-bombers-charges/4868740?section=sport

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Re: Essendon face AFL probe
« Reply #1273 on: August 06, 2013, 08:51:49 PM »
it's all a crock of poo.
They're all on the same team
Caracella and Balmey.

Online one-eyed

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Essendon players given banned drugs (Age)
« Reply #1274 on: August 07, 2013, 01:22:22 AM »
Essendon players given banned drugs

     Nick McKenzie and Richard Baker
    The Age
    August 7, 2013


Some Essendon players were given WADA-banned substances AOD9604 and Thymosin Beta 4 under the direction of sports scientist Stephen Dank, according to circumstantial evidence detailed in the confi dential ASADA report into the AFL club's 2012 supplements program.

Multiple sources aware of the contents of the report told Fairfax Media that it detailed the strong faith that Essendon coaching and management staff , including James Hird, placed in Dank and his assurance the program complied with the rules – a claim he maintains.

ASADA has also found that Essendon staff failed to implement basic governance, management and medical practices to ensure players were not exposed to health and doping risks. It found that the club failed to follow its own protocols around the use of drugs suggested by Dank.Basic records about what drugs were given to specific players were not kept.

This failure has made it more diffi cult for anti-doping investigators to build a prima facie case that could enable doping infraction notices to be issued to individual players.

A source who has read the ASADA report said the circumstantial evidence was very strong that Thymosin Beta 4 - a drug deemed by the World Anti-Doping Agency to be performance enhancing - was given to several players at the club.

Eleven players have told ASADA that they were given what they were told was Thymosin, although they could not say what sort of Thymosin it was.

ASADA has confirmed beyond reasonable doubt that AOD9604 - a failed anti-obesity drug banned by WADA under its S0 category because it is not approved for human use - was used at the club.

The report states that players were largely unwitting victims of a high-risk and poorly governed program.

The ASADA investigation into Essendon is ongoing and the prospect of infraction notices for doping violations being issued to individual players or the wider team remains open.

However, any such decision would be weighed against the evidence showing that the players acted in good faith and were given poor advice and directions by Dank - who has refused to be interviewed by ASADA - and others at the club.

Separate to ASADA's deliberations, the AFL is weighing whether to punish the club or its officials, including Hird, under the code's own rules on exposing players to risky practices. Punishment could include the loss of premiership points or the suspension of staff.

The report will relieve Hird to the extent that the evidence gathered portrays him as a person who never sought to break anti-doping rules or knowingly expose his players to harm.

However, it is understood that Hird is one of several officials identified as having failed to ensure proper practices were implemented and followed, exposing players to an unsafe workplace.

The circumstantial evidence gathered by ASADA about the use of Thymosin Beta 4 is corroborated by an interview Dank gave to Fairfax Media in April in which he repeatedly talked about giving Thymosin Beta 4 to players.

Hours before publication of a story on April 12, Essendon told Fairfax Media that it would dispute reports about Thymosin Beta 4 being used because player consent forms only referred to "Thymosin" and it was possible a version of the drug not banned by WADA had been used.

When contacted for clarification by Fairfax Media prior to publication, Dank said he was mistaken in his original on-the-record interview and that his references to Thymosin Beta 4 in fact related to a drug called thymomodulin.

In his earlier on-the-record interview, Dank confirmed he had used Thymosin Beta 4 and did so because he said there was "good data, very good data, that supports Thymosin Beta 4 in the immune system".

When questioned about ASADA's decision in April 2013 to publicly list Thymosin Beta 4 as "prohibited", Dank responded: "Well, that must have just only come in this year and I will get someone to speak to ASADA about that. That's just mind-blowing."

ASADA has previously confirmed that Thymosin Beta 4 has been banned since 2011 under a catch-all provision of the doping code.

The circumstantial evidence detailed in the report to build a case that Thymosin Beta 4 was used includes:

■ Witness testimony and documentary evidence, included that provided by fitness adviser and convicted drug offender Shane Charter, regarding his provision of Thymosin Beta 4 to Dank and advice on how to administer it.

■ Player consent forms reflecting Charter's advice to Dank regarding dosages of Thymosin Beta 4.

■ Documents and communications, including invoices, text messages and emails, referring to the use of a Thymosin peptide at Essendon.

Player consent forms, public assertions by Dank, text messages and an admission by Essendon skipper Jobe Watson strongly suggest that AOD9604 was given to players.

Read more: http://www.theage.com.au/afl/afl-news/essendon-players-given-banned-drugs-20130806-2rdvs.html#ixzz2bCdGSiWL