Essendon face AFL probe/Players found Guilty by CAS

[one-eyed]

Suspended past and present Essendon players may need AFL approval to play NAB Cup

  Jake Niall
     The Age
    January 24, 2015


Provisionally suspended current and ex-Essendon players appear likely to require AFL Commission permission if they wish to play in the NAB Cup, with the ASADA hearing set to drag on into mid-February and unlikely to be completed until shortly before the season starts.

While there is still optimism that the tribunal case will conclude before the season proper, sources have confirmed that the case is likely to stretch on until mid-February, with the special AFL tribunal and its chairman David Jones also needing some weeks to deliver a verdict.

In the less likely event that the tribunal requires six or seven weeks to deliberate, the players would need special AFL Commission approval to play in the season proper and to comply with the doping code.

The laborious process — involving so much material, including the different accounts from 34 players, plus further written submissions and then responses — means the players will very likely need the permission of the AFL Commission to play NAB Cup. Essendon's first NAB Cup is on March 7, later than usual because of the World Cup cricket.

The commission set a precedent — and was subject to external criticism — for allowing Essendon greats Jobe Watson and Dustin Fletcher to play in the international rules series a matter of days after they were issued with infraction notices.

It is unclear whether the players concerned - about half of whom are still at Essendon - will seek permission to play in the NAB Cup, because it is also uncertain whether lifting provisional suspensions would extend any home and away penalty if the players were found guilty of doping charges, or if it would muddy any deals.

Their legal team has remained steadfast that they are not entertaining plea bargains and that the players should be cleared on the evidence, while ASADA has not offered any deals since the case went to the tribunal.

The prospect of appeals from either ASADA or the players if they lose is another complication. Under the rules, the players would be unable to play during an appeal period if they were challenging suspensions.

The case is stretching into February because the players' lawyers have to finish their case, and then both sides have to make written submissions to the tribunal, which also has to decide whether to accept into evidence the ASADA interviews with witnesses Shane Charter and Nima Alavi, who were involved in the chain of supply that allegedly saw banned substance thymosin beta-4 administered to players in 2012.

Typically, a tribunal would need weeks to deliberate on the evidence – which is the expectation in this case.

A statement from tribunal chairman Jones, issued by the AFL late on Friday, said: "The Australian Football League Anti-Doping Tribunal continued its hearing relating to the cases of past and present Essendon Football Club players and a former employee of the Essendon Football Club who have been issued with infraction notices.

"The tribunal continued to hear submissions from the parties on the admissibility of certain evidence to be considered by the Tribunal."

http://www.theage.com.au/afl/afl-news/suspended-past-and-present-essendon-players-may-need-afl-approval-to-play-nab-cup-20150123-12x5yk.html

[Diocletian]

Je Suis Essendon

[one-eyed]

The case against the Australian Sports Anti-Doping Authority, having already been held over three weeks in camera at the Victorian County Court, still has much to play out.

The Bombers open their NAB Challenge against St Kilda on Saturday March 7 at Morwell Recreation Reserve. They also face Greater Western Sydney and Melbourne through the pre-season program.

With the possibility a verdict won't be reached by then, not to mention the prospect of an appeal by either party, the AFL will need to decide whether to lift the provisional suspensions the players have received since being hit with infraction notices, allowing them to play.

This could prove to be a dilemma for the AFL, as suggested by former ASADA chief Richard Ings when he took to Twitter on Saturday.

"Poor AFL. If they extend Ess provisional suspensions into NAB Challenge they will be criticised. If they don't, they will be criticised," he said.

"I do think the AFL need to accept that these ASADA matters will drag well into a 3rd AFL season.

"There is practically no chance these ASADA v players matters being finalised and non appealed by first NAB Challenge matches."

Any ruling would also have an impact on former Essendon players now at other clubs -  Western Bulldog Stewart Crameri and Port Adelaide's Paddy Ryder and Angus Monfries.

The AFL had been criticised by some for allowing Jobe Watson and Dustin Fletcher to take part in the International Rules series after they had been issued with infraction notices for allegedly being administered the banned drug, thymosin beta-4.

AFL general counsel Andrew Dillon did not respond to comment on Saturday when asked about the possibility of lifting provisional suspensions.

If the AFL lift the provisional suspensions - ASADA will have input into this but it's a league call - this could impact on any ultimate penalty handed out by the AFL anti-doping tribunal. If the players were to appeal any ban, the rules stipulate they could not play during this period.

The AFL and rival clubs, tired of dealing with a saga now into its third year, would have hoped to have had any decision resolved by the time the Bombers open their NAB Challenge, let alone the home-and-away campaign against the Swans on April 4.

The league may have to enact their "doomsday scenario" should they opt to not lift provisional suspensions, possibly allowing the Bombers to draft state-based players from the likes of the VFL, WAFL and SANFL to fill their list. The league may also need to rule on whether the Bombers are given special salary-cap dispensation, while a lack of star power could impact on their broadcast rights agreement.

The anti-doping hearing, in which the architect of the 2012 supplements program Stephen Dank has also been charged, resumes on Tuesday.

Bombers coach James Hird is also awaiting a ruling on his Federal Court appeal against the legality of the joint AFL and ASADA investigation in 2013.

http://www.theage.com.au/afl/afl-news/bombers-focus-on-fitness-as-court-cases-swirl-20150124-12xes9.html

[Muscles]

Just wondering, OE, on this auspicious day when Phil the Dill has been made a Knight of the Order of Australia, whether the players and the AFL might together be stalling the tribunal until Golden Boy's appeal has been determined and announced?

[one-eyed]

Essendon’s 2015 preparation won’t be disrupted by AFL anti-doping hearing, says James Hird

Mark Robinson
Herald-Sun
January 27, 2015

ESSENDON will ask the AFL to lift the provisional suspensions of about 18 Essendon players to allow them to play in the NAB Challenge series.

There is a growing possibility the AFL’s anti-doping hearing — and verdict — involving the Australian Sports Anti-Doping Authority and charges against 34 past and present Essendon players will not be finished ahead of Essendon’s opening NAB Challenge game against St Kilda on March 7.

The players are currently suspended after being issued infraction notices by the AFL, although the AFL did allow Jobe Watson and Dustin Fletcher to compete in the International Rules series in November a short time after the infraction notices were delivered.

If the AFL rejects Essendon’s request, the Bombers could go into the season without having played a high-level practice match against real opposition.

The AFL has acknowledged the hearing will take longer than most observers thought, but remained confident it would be finalised before the season proper, which starts on April 2.

If the verdict was not delivered ahead of Round 1, the AFL Commission would be in the extraordinary situation of having to decide to lift suspensions of deny the Essendon players from playing.

If it was the latter, the 2015 season would be in tailspin from the first weekend.

Bombers chief executive Xavier Campbell and AFL chief executive Gillon McLachlan will discuss the matter this week.

Campbell indicated Essendon’s intention to have the suspensions lifted for the pre-season games.

Read more: http://www.news.com.au/sport/afl/essendons-2015-preparation-wont-be-disrupted-by-afl-anti-doping-hearing-says-james-hird/story-fndv8gad-1227197061404

[one-eyed]

Just wondering, OE, on this auspicious day when Phil the Dill has been made a Knight of the Order of Australia, whether the players and the AFL might together be stalling the tribunal until Golden Boy's appeal has been determined and announced?

It'll probably work out that way, Muscles, with Hird's appeal over in the next few days but IMO if the anti-doping hearing was actually concerned with Hird's appeal then they wouldn't have started it until after Hird's appeal was completed. I think they know Hird's appeal will eventually be thrown out so there was no point waiting for it.

[one-eyed]

We'll get the result of the James Hird appeal at 2.15pm on Friday from the Full Federal Court.

https://twitter.com/MattThompson

[one-eyed]

Mark Thompson has revealed that Essendon chairman Paul Little urged him to consider coaching the club full-time if James Hird's contract was terminated.

http://www.afl.com.au/news/2015-01-29/bombers-coach-quandary

[one-eyed]

ESSENDON players facing infraction notices are likely to learn their fate within a month after a timetable to resolve their case was set at the AFL Anti-Doping Tribunal.
 
All closing submissions – from the Australian Sports Anti-Doping Authority, the players and the AFL – are due to be lodged and heard by February 18, at which point the Tribunal will adjourn to consider its decision.

The tribunal has been hearing anti-doping charges against 34 current and former Essendon players and one former Bombers official.

It adjourned on Thursday until February 16.

Before then, it will take written submissions from ASADA (by February 5), the players’ lawyers (February 12) and the AFL (February 14).

The tribunal, chaired by former county court judge David Jones, has set aside two days to hear oral closing submissions from February 16 and is expected to again adjourn to consider its decision on February 18.

It is expected those deliberations will take weeks — and up to a month.

If a guilty verdict is returned for any or all of the players, sanctions hearings would then be set, almost certainly in March.

It is believed the players could elect to have sanctions hearings conducted individually.

Former Essendon sports scientist Stephen Dank is the official facing doping charges. He has not attended the tribunal.

There is no timetable for the Tribunal to make its ruling. The Bombers launch their NAB Challenge campaign on March 7. Essendon’s season proper begins on Saturday April 4 against Sydney.

Should any of the 34 current and former Essendon players or the former Essendon employee facing infraction notices be found to have breached the AFL Anti-Doping Code, a hearing would follow to set a sanction.
 
While the finish line appears in sight, the prospect of further legal challenges following a finding makes it possible for the players to remain in limbo going into the 2015 season, which launches on April 2.
 
http://www.afl.com.au/news/2015-01-29/asadadons-dday-looms
http://www.perthnow.com.au/sport/afl/afl-anti-doping-hearing-involving-essendon-players-and-asada-on-hold/story-fniv64tz-1227201050379

[Muscles]

Thanks for posting all these updates, OE!  They're keeping me entertained.  Seems like the AFL needs to find an elegant way to lift these provisional suspensions that prevents players from training, playing for their country, taking advantage of the facilities of their club, working with their coaches, attending club meetings ..... well, something anyway .....

[one-eyed]

Essendon players could boycott NAB Challenge games if AFL backdates anti-doping bans

Mark Robinson & Grant Baker
Herald-Sun
January 30, 2015

ESSENDON players will refuse to run out for NAB Challenge games unless the AFL guarantees to backdate any anti-doping suspensions to last September.

About 18 players facing charges remain at Essendon — almost half the club’s primary list.

The Herald Sun revealed this week Essendon would lobby the AFL to have the players’ provisional suspensions lifted for the NAB Challenge.

But the players will not take the field unless a backdating guarantee is given.

The Bombers last played a premiership match in September.

It is understood evidence from biochemist Shane Charter and compounding chemist Nima Alavi has been ruled admissible by the AFL tribunal this week — but it is expected be given less weight because the pair has refused to appear and could not be cross-examined.

Read more at: http://www.news.com.au/sport/afl/essendon-players-could-boycott-nab-challenge-games-if-afl-backdates-anti-doping-bans/story-fndv8gad-1227201050379

[🏅Dooks]

So don't run out. Your problem Essendon. Hurt your brand some more.

[Smokey]

ESSENDON players will refuse to run out for NAB Challenge games unless the AFL guarantees to backdate any anti-doping suspensions to last September.

So the players didn't want to enter into any deal and now if they're found guilty they want basically the terms of the deal anyway?  The delusion at Bummerland knows no bounds.   

[Chuck17]

Hmmm different tactics from the Bombers, now they are not going to turn up at the start of the season

[Mr Magic]

Need another bucket of popcorn.