AFL floats possibility of small penalty if Dons guilty, but ASADA stays silent

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mxett

Brownlow Medallist
Jul 1, 2007
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http://www.theage.com.au/afl/afl-ne...y-but-asada-stays-silent-20150304-13v3fu.html

The AFL suggested to the special doping tribunal that present and former Essendon players should receive a small match-based suspension if they were found guilty of taking a banned substance.

But while the AFL's representative did make a suggestion on any potential penalties, the Australian Sports Anti-Doping Authority has reserved its position on whether the players should be entitled to a discount for cooperation, which would cut any sentence from 12 months to six months, with backdating from last year.

Sources familiar with evidence from the recently concluded tribunal hearing said ASADA's advocate Malcolm Holmes QC, did not broach the topic of penalties - the drugs agency reserving its position until after a verdict - but that the AFL's representative suggested that a smaller match-based penalty would be appropriate in the event of a guilty verdict.

The AFL left it open for the tribunal to decide whether the players should be found guilty or acquitted of taking the banned peptide thymosin beta-4.

The AFL's legal representative in the month-long hearings, Jeff Gleeson QC, is understood to have told the hearing that a match-based penalty - rather than the blocks of months that are usually involved in doping cases - would be more appropriate, because it fitted the AFL as a team-based sport, if players were found guilty.

ASADA had previously offered the 34 players a six-month ban, plus backdating, after show-cause notices were issued for the first time in 2014 and before Essendon and coach James Hird tried, unsuccessfully, to have the investigation ruled unlawful in the Federal Court. That offer has not been repeated since the tribunal case started

A smaller penalty is also consistent with the view that players were "duped" and did not knowingly take banned substances


 

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My feeling is that ASADA is more likely to appeal sentencing than any other aspect of the case.

IMO the key for the Bombers players if found guilty is whether or not they meet the standard for a reduction in penalty for cooperation. Perhaps a limited number will and the rest won't.

ASADA/WADA would have precedents for the standard required.

Do the players participate individually in the sentencing portion?
 
As is their right, as part of a deal, to which the players refused. Deal is now off the table.
The point is people are paying out on the AFL for recommending 6 month ban yet ASADA recommended the same earlier this year. Irrespective of deals, is 6 months a reasonable penalty or not? If not, blame ASADA too
 
http://www.theage.com.au/afl/afl-ne...y-but-asada-stays-silent-20150304-13v3fu.html

The AFL suggested to the special doping tribunal that present and former Essendon players should receive a small match-based suspension if they were found guilty of taking a banned substance.

Bets on who would appeal first (ASADA or WADA?) if a match based penalty is inflected rather than a time based penalty as per the the code?

Think they both be rushing to lodge the appeal...
 
ASADA/WADA appealed Saads ban and it failed

ASADA appealed Saad's ban to the AFL Appeal Panel not to CAS. Also Saad was given an 18 month suspension.

If the AFL tribunal provides a minimal sanction as requested by the AFL, ASADA or WADA may well elect to appeal it to the AFL Appeals Panel and then to CAS if they are still disatisfied. They elected not to do that with Saad but I dont see the two situations being very similar.

My point is, I do not think that you can judge a likely outcome by Saad's case, unless the tribunal actually suspends any players found to have doped to an 18 month sanction. If the tribunal applies a backdated 6 month ban then I think we will go through the full appeals process.

Thats my view anyway.
 
The point is people are paying out on the AFL for recommending 6 month ban yet ASADA recommended the same earlier this year. Irrespective of deals, is 6 months a reasonable penalty or not? If not, blame ASADA too

Not comparable. ASADA is able to offer a 6 month penalty based on substantial assistance, which is a condition of said deal. They admit guilt and provide further information from which their ban is reduced. The AFL is just suggesting, without reason beyond monetary most likely, that a 6 month ban would be best (based on my reading of the article).
 
So I guess we are in the belief that Mr Dank lied on RRR the other day when he said the players and officials knew what they were given then if we are going with the we were duped tack?
 
ASADA appealed Saad's ban to the AFL Appeal Panel not to CAS. Also Saad was given an 18 month suspension.

If the AFL tribunal provides a minimal sanction as requested by the AFL, ASADA or WADA may well elect to appeal it to the AFL Appeals Panel and then to CAS if they are still disatisfied. They elected not to do that with Saad but I dont see the two situations being very similar.

My point is, I do not think that you can judge a likely outcome by Saad's case, unless the tribunal actually suspends any players found to have doped to an 18 month sanction. If the tribunal applies a backdated 6 month ban then I think we will go through the full appeals process.

Thats my view anyway.

According to McDevitt any appeal by ASADA would be to the AFL Appeals Panel, where WADA's appeal would go direct to CAS. WADA may decide it to take this action.
 
The code does allow for a penalty reduction if players admit guilt before the SCN was issued....players decided to take there chances. Not really sure if making players aware of the code is really a "deal" though...

As you pointed out its not a deal it's a reduction under the code.

There were rumors of someone who may have cooperated and may thus receive the benefits, perhaps the only player to do so. The rumour was they gave ASADA Dank's head on a plate and named players this ticks all the boxes under cooperation.
 
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