Author Topic: Essendon face AFL probe/Players found Guilty by CAS  (Read 664342 times)

Online WilliamPowell

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Re: Essendon face AFL probe
« Reply #3120 on: October 19, 2014, 12:27:04 PM »
You just cannot compare the two. Construction workers were inhaling asbestos dust unknowingly. This lead them to their deaths. Essendon players consented to being injected with drugs that were on the edge and were sworn to confidentiality. The fact that theses drugs were most likely banned means that the players did not do enough to make sure that what was being injected was not over the edge. The AFLPA is failing to admit that the players erred by not seeking independent advice on a systematic doping program that has never been seen in our sport. James Hardie's victims did not even know that there was anything to check!

This is just so different, it is laughable.

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Offline one-eyed

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Re: Essendon face AFL probe
« Reply #3121 on: October 20, 2014, 03:46:56 AM »
Essendon warned ASADA won’t go easy on players over supplements saga

Rita Panahi
Herald-Sun
October 20, 2014



ASADA boss Ben McDevitt has signalled the anti-doping body will not accept ­extravagantly lenient deals the AFL may strike with the 34 past and present Essendon players reissued with show cause notices.

Mr McDevitt has come to an agreement with AFL chief executive Gillon McLachlan that will see ASADA take a key role in any tribunal hearings if infraction notices are issued.

“I’ve spoken with the CEO of the AFL and we have agreed that ASADA will be present at any tribunal hearings and will be directly involved in the presentation of the evidence in relation to these matters should they get that far,” Mr McDevitt said.

“Both ASADA and WADA of course retain the right of ­appeal in these matters.”

ASADA earlier this year unsuccessfully appealed the sentence handed to St Kilda’s Ahmed Saad by the AFL Tribunal on the grounds that the 18-month ban was lenient.

Saad had consumed an over-the-counter energy drink that was banned on match day but is legal during the week.

But ASADA succeeded in having VFL player Matthew Clark’s suspension — handed down by the AFL Victoria Tribunal — increased from nine months to two years after he consumed a similar substance.

It was inevitable that Essendon players would receive infraction notices, said anti-doping experts and some insiders at Essendon.

Mr McDevitt said the burden of proof for show cause notices to proceed to infraction notices was not high.

“For me to issue the show cause notice I’ve got to meet two requirements: one is that I think there has been a possible violation, and the second is that I think it warrants action,” he said.

“The panel (the Anti-Doping Rule Violation Panel) don’t have to make any decision about it warranting action, they simply have to agree or disagree with me on a possible violation. So yes, it’s not a significant burden of proof.”

Mr McDevitt said he wants the panel to meet as soon as possible after October 31 — the deadline for players to respond to their show cause notices.

http://www.news.com.au/sport/afl/essendon-warned-asada-wont-go-easy-on-players-over-supplements-saga/story-fndv8gad-1227095209763

Offline Yeahright

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Re: Essendon face AFL probe
« Reply #3122 on: October 20, 2014, 09:44:30 AM »
“I’ve spoken with the CEO of the AFL and we have agreed that ASADA will be present at any tribunal hearings and will be directly involved in the presentation of the evidence in relation to these matters should they get that far,” Mr McDevitt said.


Hirdy's lawyers are all over it
« Last Edit: October 20, 2014, 04:04:47 PM by Yeahright »


Offline one-eyed

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Re: Essendon face AFL probe
« Reply #3124 on: October 22, 2014, 04:03:57 AM »
ASADA may call on Shane Charter and Nima Alavi at AFL Anti-Doping Tribunal

    Grant Baker
    Herald Sun
    October 22, 2014


Convicted drug trafficker Shane Charter and compound pharmacist Nima Alavi will likely be asked to give evidence in person at any AFL Anti-Doping Tribunal hearing of charges against current and former Essendon players.

The 32 players being represented by the AFL Players’ Association-led legal team will be advised this week to not ­answer the detailed ASADA show cause notices reissued by ASADA last Friday, in a bid to move the cases to the tribunal to fight the allegations.

Their lawyers have reviewed more than 12,000 pages of evidence in the new notices, which lay out a circumstantial case in the style of a police brief that the players were administered with the banned substance Thymosin beta-4 during the 2012 supplements program at the club.

The case relies heavily on evidence given to ASADA by Charter and Alavi in interviews, as well as text messages between Charter and former Bombers sports scientist Stephen Dank, who has not been interviewed by ASADA.

Read more: http://www.foxsports.com.au/afl/afl-premiership/asada-may-call-on-shane-charter-and-nima-alavi-at-afl-antidoping-tribunal/story-e6frf3e3-1227097820211

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Re: Essendon face AFL probe
« Reply #3125 on: October 22, 2014, 06:38:31 PM »
See what happens in a democracy !

Communism rulings should apply here.

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Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #3126 on: October 22, 2014, 06:45:54 PM »
Plutocracy

Offline one-eyed

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Re: Essendon face AFL probe
« Reply #3127 on: October 23, 2014, 12:05:48 PM »
Players won't respond to notices, says AFLPA

Matt Thompson 
afl.com.au
October 23, 2014



LAWYERS representing the bulk of the players caught up in the Essendon supplements scandal have told ASADA they won’t respond to show-cause notices.

The move puts the ball back in ASADA’s court and should expedite the process, which has already taken 21 months.

“The players do not intend to respond to the show-cause notices,” AFL Players' Association chief executive Paul Marsh confirmed in a statement on Thursday.

The case now looks destined to head to the AFL anti-doping Tribunal.

Marsh declared the players “remain steadfast in their belief they have done nothing wrong”.

“This process has already taken up to 21 months - about half the average AFL player’s career,” he said.

“The prospect that players would have to endure a third season with these proceedings hanging over their heads is simply unacceptable.

“The players want this matter resolved quickly and fairly.

“It is time to bring this matter to an end.”

The anti-doping watchdog issued a 350-page dossiers to 34 past and present Essendon players last Friday alleging the use of banned peptide Thymosin beta-4 during the 2012 season.

The Players' Association represents 32 of the 34 players issued with notices.

AFL.com.au is seeking comment from lawyer Rob Stary who is believed to be representing the other two players.

“The players’ lawyers have written to ASADA and the AFL informing them that the players do not intend to respond to the show-cause notices and requested that ASADA expedite the process by bringing the matter before the Anti-Doping Rule Violation Panel within seven days,” Marsh said.

“In the event that ASADA is not able to meet that timeline, ASADA has been requested to simultaneously provide the AFL General Counsel and the players’ legal team with all the documentation and evidentiary material it has in this matter so that the matter can be dealt with in accordance with the AFL Anti-Doping Code.”

The Players' Association reiterated that the ‘onus of proof’ was not on the players.

“While ASADA is only required to demonstrate to the Anti-Doping Rule Violation Panel a ‘possibility’ of a violation, the much higher standard proof of ‘comfortable satisfaction’ is required to be proved by the AFL at the AFL anti-doping Tribunal.”

The AFL had no comment, saying the matter was in the hands of ASADA.

AFL.com.au has contacted ASADA for comment.

http://www.afl.com.au/news/2014-10-23/players-wont-respond-to-notices

Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #3128 on: October 23, 2014, 12:10:54 PM »

Offline one-eyed

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Re: Essendon face AFL probe
« Reply #3129 on: October 23, 2014, 09:07:00 PM »
ASADA says it won’t be rushed after Essendon players in doping saga won’t respond to show cause notices

    News Corp Australia
    October 23, 2014 6:23PM


ASADA has told the AFL Players’ Association and its lawyers it won’t be rushed into expediting the case against the 34 players issued with show-cause notices.

In a blunt response, ASADA chief executive Ben McDevitt issued a statement on Thursday evening saying all parties — including the AFLPA who earlier in the day urged a fast outcome to the ongoing saga — needed to follow the due process.

He also gave a backhander to Essendon and the players involved, saying he wished the keen interest in player welfare had been present in 2012 — an obvious pointer to the supplements scandal that first led to the Bombers self reporting in February last year.

“In the six months I have been at ASADA I have had the club, the coach, the AFL Players’ Association, various other legal entities, plus other interested parties all voice their views as to the management of these matters,” McDevitt said.

“While all claim to represent the interest of the players and/or Australian sport, the advice as to remedial actions varies dramatically.

“In my role as protector of clean athletes in Australia, my advice to them is that if they want to act in the best interest of the players they should review the 12,000 pages of evidence and follow the due process.

“I only wish that such interest in player welfare had been present in 2012.”

The ASADA statement also wished to “remind the players’ lawyer” that any demand to fast-track the process were within the control of the AFL, and not ASADA.

Earlier today, Essendon players being represented by the AFL Players’ Association-led legal team said they did not intend to respond to the show cause notices reissued to them by ASADA last week.

Lawyers for the players reviewed the summary of evidence provided by ASADA then met with the players, who reaffirmed their commitment to seek “an expeditious process” to clear their names.

It means the supplements matter is almost certainly headed to the AFL Anti-Doping Tribunal, which is likely to sit in December, meaning a verdict could be handed down before Christmas.

The players’ decision not to respond was expected.

AFL general counsel Andrew Dillon will review the evidence against the players and decide whether to issue infraction notices.

AFL Players’ Association chief executive Paul Marsh said the players’ lawyers have informed ASADA and the AFL that the players do not intend to respond to the show cause notices and requested that ASADA expedite the process by bringing the matter before the Anti-Doping Rule Violation Panel within seven days.

“In the event that ASADA is not able to meet that timeline, ASADA has been requested to simultaneously provide the AFL General Counsel and the players’ legal team with all the documentation and evidentiary material it has in this matter so that the matter can be dealt with in accordance with the AFL Anti-Doping Code,” he said.

“We urge ASADA to take all necessary steps to accede to the players’ request for this matter to be fast-tracked.”

“This process has already taken up 21 months — about half the average AFL player’s career. The prospect that players would have to endure a third season with these proceeding hanging over their head is simply unacceptable.

“The players want this matter resolved quickly and fairly. It is time to bring this matter to an end.”

http://www.foxsports.com.au/afl/afl-premiership/asada-says-it-wont-be-rushed-after-essendon-players-in-doping-saga-wont-respond-to-show-cause-notices/story-e6frf3e3-1227099376735?from=public_rss&utm_medium=twitter&utm_source=twitterfeed

Offline mightytiges

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Re: Essendon face AFL probe
« Reply #3130 on: October 24, 2014, 11:55:38 PM »
It's amazing the Essendon players are still stupid enough to trust and follow the advice they're given when all the advice to them so far has been a mix of crap, dodgy, deluded and/or a total stuff up.
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Offline Penelope

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Re: Essendon face AFL probe
« Reply #3131 on: October 25, 2014, 10:13:14 AM »
first show cause notices issued june 12.
essendon and hird drag it out through the courts.
4 months later the players are re issued show cause notices and now want the process expedited.
ASADA say yeah yeah, in our own time.

so all they have achieved is push any suspensions deeper into the season.

well thought out, fools  :bow
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Re: Essendon face AFL probe
« Reply #3132 on: October 25, 2014, 10:44:49 AM »
first show cause notices issued june 12.
essendon and hird drag it out through the courts.
4 months later the players are re issued show cause notices and now want the process expedited.
ASADA say yeah yeah, in our own time.

so all they have achieved is push any suspensions deeper into the season.

well thought out, fools  :bow

If you have a read of the comments from the deluded #standbyhirdy fools in the dailys about this, it is just staggering  :o. Whipped up into a frenzy by asada's delaying tactics bc secretly they have no evidence and are just praying that the Essendon players crack  :lol stuff me

Offline Muscles

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Re: Essendon face AFL probe
« Reply #3133 on: October 25, 2014, 10:45:44 AM »
It might be interesting to see how an AFL-based tribunal considers any charges of doping violations. 

The player's advocates would start a defence along the lines that the players followed the AFL's procedures to the letter (whether they did or not).  The players received advice from club medical staff and coaching staff that the "supplements" involved were not in violation of the anti-doping code (whether they were or not).

Will an AFL tribunal determine that the AFL's club-based anti-doping procedures were insufficiently rigourous to prevent the players being "duped" by their fitness and medical advisors?  In other words, will the AFL rule that the AFL got it wrong?  Wouldn't happen under Adolf's watch!

For sure, WADA would appeal any finding from the AFL tribunal that let the players off lightly, or completely, but I'm having trouble speculating how an AFL tribunal could rule against players who followed AFL procedures to the letter.

Remembering, of course, that the club and coach have already been spanked soundly with a wet lettuce leaf and an all-expenses paid family holiday on the French Riviera respectively.  I wonder if we'll ever learn who tipped-off the Bummers to destroy all the evidence?


Offline Judge Roughneck

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Re: Essendon face AFL probe
« Reply #3134 on: October 25, 2014, 10:55:30 AM »
It might be interesting to see how an AFL-based tribunal considers any charges of doping violations. 

The player's advocates would start a defence along the lines that the players followed the AFL's procedures to the letter (whether they did or not).  The players received advice from club medical staff and coaching staff that the "supplements" involved were not in violation of the anti-doping code (whether they were or not).

Will an AFL tribunal determine that the AFL's club-based anti-doping procedures were insufficiently rigourous to prevent the players being "duped" by their fitness and medical advisors?  In other words, will the AFL rule that the AFL got it wrong?  Wouldn't happen under Adolf's watch!

For sure, WADA would appeal any finding from the AFL tribunal that let the players off lightly, or completely, but I'm having trouble speculating how an AFL tribunal could rule against players who followed AFL procedures to the letter.

Remembering, of course, that the club and coach have already been spanked soundly with a wet lettuce leaf and an all-expenses paid family holiday on the French Riviera respectively.  I wonder if we'll ever learn who tipped-off the Bummers to destroy all the evidence?

Agree afl will do the dodgy

Two year bans = worst cast scenario @ afl HQ