AFL Drugs Investigation: The Facts and Official Statements [updated 28/01/2016]

[The_Wookie]

No allegations, these are the facts we know.

General References

• The Australian Crime Commission report
• The AFL Anti Doping Code
• The ASADA Code
• The ASADA Regulations
• WADA Prohibited List
• ACC Appendix: Overview of Peptides
• ACC Appendix: Sources of Peptides and Hormones
• WADA Statement on substance AOD-9604
• WADA rule changes for 2012 (affecting unspecified non therapeutic treatment)
• The AFL Charge sheet
• James Hird Supreme Court Writ
• Richard Ings [Former ASADA Chair] Twitter
• Gary Wittert [Doctor who conducted the trials on AOD9604] Twitter

The Situation

On February 5th, the Essendon Football club held a press conference calling for the assistance of the AFL and ASADA to investigate the possibility their players had been given unknown substances.

2013.02.05 - Essendon press conference


Gold Coast, Brisbane, and Geelong all issued statements saying they were clear not long after.

On February 6th, the ACC held a press conference with the heads of the AFL, NRL and other codes present to announce the investigation into Drugs and Organised Crime in Sport. The report as is publicly available does not specifiy clubs or individuals.

2013.02.06 - Government press conference


The AFL responded by changing its policies to including mandatory reporting, removal of the self reporting loop, banning injections of anything without a doctor, and requiring bankground checks for all staff. An audit of all supplements being taken by all players.

2013.02.06 - AFL Press conference


On February 10th, the AFL announced that as far as it is aware of just two instances involving AFL clubs. One involves a sole player, the other involved a club with several players. Essendon is specifically cited as the club involved, although that is not contained in the clip below.

2013.02.10 - AFL press conference


On February 11th, Stephen Dank had his say on the matter on the 7.30 report. His lawyer also announced he would be launching a massive defamation action.

2013.02.11 - 7.30 report - Stephen Dank Interview


On February 27th, Essendon announced the appointment of Ziggy Switowski, former Telstra chairman, to head its internal investigation into the crisis at the club. (2013.02.27 - Essendon to review drug crisis - The Age)

On March 14th, the AFL website claimed that the penalties would be decided by the AFL in line with WADA guidelines. (2013.03.14 - AFL tribunal, not ASADA to decide drug penalties - AFL.com.au)

On April 16th, James Hird gave his testimony in front of ASADA. His statement, as shown on AFL 360 is below.

On April 18th, the 7.30 report alleged that Melbourne players had been involved with Stephen Dank. This is apparently linked to a series of text messages that also include Essendon. While they have not been proved as to their origin, and no party has officially recognised them, Melbournes reaction to the revelation is what makes it into the "Facts" section.

As a result of these revelations and pending its own investigations, on April 19th Melbourne has accepted its club doctors offer to stand aside effective immediately.The Club issued the following statement.

THE MELBOURNE Football Club today accepted an offer by Club doctor Dan Bates to stand aside, effective immediately, pending the outcome of an investigation by ASADA and the AFL into a pre-season supplements program at the Club.

MFC President Don McLardy said that the Club felt it was appropriate that Dr Bates stand aside while the details of the program and the circumstances under which it was administered are independently reviewed.

"We have sufficient concerns about an identified breakdown in reporting protocols that we believe it is appropriate that Dr Bates stands aside until these matters are further investigated," McLardy said.

On April 22nd, WADA issued a media release that confirmed the anti obesity drug AOD-9604 is a banned substance, falling under rules governing substances not approved for human use by any Government regulatory body. This drug is specifically claimed to have been used by Stephen Dank at Essendon.

Specifically, WADA cites the S.O clause in its rules

S0. NON-APPROVED SUBSTANCES
Any pharmacological substance which is not addressed by any of the subsequent sectionsof the List and with no current approval by any governmental regulatory health authority for human therapeutic use (e.g drugs under pre-clinical or clinical development ordiscontinued, designer drugs, substances approved only for veterinary use) is prohibited at all times.”

WADA later confirmed that it had not given any authorisation to use any substance, that it didnt talk to individuals and released an email exchange confirming this.

Essendon released parts of its internal report to the media on May 6th.Dr. Switowski specifically says

..a rapid diversification into exotic supplements, sharp increase in the number of injections, the shift to treatment off site in alternative medical clinics, emergence of unfamiliar suppliers, the marginalisation of traditional medical staff (which) combined to create a disturbing picture of a pharmacologically experimental environment never adequately controlled or challenged or documented within the Club in the period under review.

The Essendon football club full statement is here and identifies the following issues:

• • A culture of competitive performance practices under cloak of secrecy – with the sports science team wanting protection of their intellectual property.
  • Failure in structure and accountability – with problems occurring in the club’s selection and recruitment processes, management of contractors, hierarchy and decision making in the football department and administration.
  • Use of external doctors not known to our club or to the medical staff of the club.
  • Failure to oversee guidelines and processes instituted by the Coach and the Medical staff.

The reports first recommendation is that

Pioneering work with supplements and exotic treatments should be left to the Australian Sports Commission. This is not an area for risk management but for zero tolerance. A club's pharmacology skills should not normally be independently and secretly developed as a source of competitive advantage. And an arms race for the most sophisticated molecules must be prohibited.

The club says it cannot release the entire report for legal reasons.

David Evans went on to apologise for the entire situation on his watch and reiterated that the Club had not conceded that banned substances had been taken.




Those ladies and gentlemen are the facts of the case as they stand. updated May 21

 

[The_Wookie]

On May 20th, Andrew Demetriou faced Footy Classified and commented on the situation


On May 23rd, Essendon CEO Ian Robson resigned, releasing a statement that said, in part,

As it became clear to me the extent of damage arising from the supplement program at Essendon in 2012 - and in particular the lack of proper processes surrounding that program - I immediately offered my resignation, which at that time was not accepted.

To those who think I should have stood down immediately, while I fully understand and as my offer of resignation showed I had a similar first instinct, in the circumstances the appropriate course of action and the one I took was to take responsibility and work closely with David Evans and the Board in setting a path forward for the Club.

I attended the meeting at the AFL to ask for the investigation, made contact with ASADA to self report and subsequently accompanied David Evans to Canberra to meet with ASADA. I then began the process of talking to our staff, players and their parents, corporate partners, coterie groups and members about the issues and seriousness of the impending investigation.

We threw ourselves into fully participating with the external inquiries, the legal issues that have arisen, the need for external medical and pharmacological advice, the stresses and worries of the playing group and their families, and the pressures on the hard working administrative staff.

As I said my task was to work with David Evans, the Board and staff to see the Club through this crisis to a point of stability. Now is the right time for my resignation.

On June 9th, former Essendon player Mark McVeigh appeared on Gameday to talk about his ASADA interview.



On June 24th, Jobe Watson talked to On the Couch about the investigation, Steven Dank and his own experience.


On June 25th, the Essendon football club released their own statement.

There is still an ongoing investigation by the AFL and ASADA initiated by the Essendon Football Club.

The Club and our players are fully cooperating with the investigation.
This is a complex and difficult area, but our club considers that our players have acted reasonably during the 2012 season.

The Club notes that it is yet to be determined whether any of our players in the 2012 season were given prohibited or performance enhancing substances.

We look forward to the finalisation of the ASADA investigation, and we thank our members for their ongoing support of our club and our players.

The ACC have clarified their position on AOD9605 according to the Heraldsun directly quoting ACC Director Paul Jetkovic on June 25th

"The World Anti-Doping Authority (WADA) is the pre-eminent authority and expert in this field and the Australian Crime Commission (ACC) welcomes the clarification of the status of AOD-9604 as a banned substance under the S.0 classification.

"The ACC sought expert advice from the Australian Sports Anti-Doping Authority (ASADA) at the time of developing the Organised Crime and Drugs in Sport report and was advised (correctly) that AOD-9604 is not currently prohibited under category S2 of the WADA prohibited list."

On July 1, Mark Evans confirmed that the League could take points off the Bombers.

"It is certainly within the scope of the (AFL) Commission to do that, but it will be a Commission decision once it has been tabled," Evans told AFL.com.au's Access All Areas when asked if Essendon could lose premiership points.

On July 3rd, Acting AFL CEO Gillon Mclachlan faced a press conference where he told reporters that the investigation should be done in August.


On July 4th, Essendon Chairman David Evans told BomberTV that AOD should not impact the 2013 seasons results.

ACC STATEMENT: AOD-9604

Tue, 16/07/2013
The Australian Crime Commission sought expert advice from the Australian Sports Anti-Doping Authority (ASADA) at the time of developing the Organised Crime and Drugs in Sport report and was advised (correctly) that AOD-9604 is not prohibited under schedule S2 of the WADA prohibited list[1].
The World Anti-Doping Authority (WADA) is the pre-eminent authority and expert in this field and the Australian Crime Commission welcomes the subsequent clarification by WADA on 22 April 2013 of the status of AOD-9604 as a prohibited substance under the S0 classification. The WADA statement confirms that AOD-9604 was a prohibited substance, both in and out of competition, during the period of activity that was investigated by Project Aperio.
The S0 classification reflects WADA’s advice that there is no current approval by any governmental regulatory health authority in the world for human therapeutic use of AOD-9604. One of the concerns held by the ACC during Project Aperio was that professional athletes were being administered substances that had not been approved for use on humans.

ref: http://www.crimecommission.gov.au/media/acc-statement-aod-9604

Updated July 16th

 

[The_Wookie]

Andrew Demetriou, AFL 360, July 16th



Essendon statement, july 17th
http://www.afl.com.au/news/2013-07-17/essendons-full-statement

Essendon Football Club would like to make the following statement in relation to an article in The Age newspaper today and comments made by journalist Caroline Wilson in the media recently.

There has been a disturbing amount of inappropriate and factually incorrect information being reported regarding senior coach James Hird and the ASADA/AFL investigation at the Essendon Football Club.

At all times, Essendon players, staff, officials and coaches have fully cooperated with the ASADA/AFL investigation and the Club has repeatedly stated that the ASADA investigators must be allowed to complete their investigation.

As requested by ASADA investigators, Essendon coach James Hird has agreed not to disclose matters discussed at his interview until the completion of the investigation.

Today, The Age reported that “sources close to the joint investigation by ASADA and the AFL” have provided information to The Age.

Representatives from the Club have requested all parties to the investigation to guarantee confidentiality and to afford natural justice. Breaching this confidentiality directly undermines the trust in the process and selective disclosure of information relating to the investigation appears to be deliberately threatening the integrity of this process.

For the reputation and integrity of senior coach James Hird to be questioned without the right to due process, is extremely disturbing and inappropriate in the circumstances.

Today, The Age reported that James Hird received a ‘warning’ after he had been ‘investigating the anti-doping status of certain peptides.’

This is factually incorrect. Until the ASADA investigation is completed the full context of this particular meeting should not be the subject of innuendo.

On Monday night on Channel 9’s Footy Classified program and on Tuesday night on 3AW’s Sports Today program, Caroline Wilson, referring to the Club’s supplements regime falsely asserted that James Hird was the “main architect.” This is just factually wrong. 


Ms Wilson also asserted that James Hird was Mr Dank’s initial champion. This is also factually wrong. Mr Dank was brought to the club at the insistence of Dean Robinson with whom he had worked previously.

Essendon Football Club has been limited in what we can comment on, and more than anything else, we want the ASADA investigation to be completed.

Despite the extraordinary media commentary and speculation, the Club has maintained its commitment to this process.

However, the Club will not continue to allow the reputation of its players, coaches, staff and the Club itself to be questioned by factual inaccuracies.

John Fahey statement in The Age, July19th

Fahey said on Friday: ''I know what is clear, and I'll say it again, the substance known as AOD-9604 has never been approved, to my knowledge, by any health or regulatory authority anywhere in the world for human consumption, and therefore it is prohibited under the S-O provision … All that matters for an anti-doping violation, an ADV, is the WADA code. The simple facts here are there's a code, the athlete is bound by that code, the athlete is liable if there's a breach of that code or a violation under that code. Full stop.''

Read more:http://www.theage.com.au/afl/afl-news/stick-with-code-says-wada-20130719-2qa08.html#ixzz2ZUxm4fmt

Australian Sports Anti-Doping Authority chief executive Aurora Andruska in the Age, March 18th, 2013 -

In an exclusive interview with Fairfax Media, Australian Sports Anti-Doping Authority chief executive Aurora Andruska also exploded some of the myths surrounding the drugs crisis involving NRL and AFL clubs.

There are three defences that can be used against a doping charge: ''A doctor stuck a needle in me while I was having an operation'', ''I was assured the product I was taking was not on the banned list'', and the ''substantial assistance'' option.

''The only time a zero sanction has been given was when the athlete has been unconscious during surgery by a doctor. That is a very high bar,'' Andruska said. ''To get a zero sanction on the second defence, the bar is also very high. In my period at ASADA, I am yet to see that defence sustained.''

This defence would require the athlete proving he had asked multiple questions of doctors, trainers and the ASADA hotline before taking the substance, whereas some media reports have cited it as a potential get-out-of-jail card.

Andruska said the ''substantial assistance'' option, which can reduce a penalty by 75 per cent, cutting a two-year ban to six months, must result in a doping violation against someone else.

''It's not a case of the athlete saying, 'Yes, I did the wrong thing','' Andruska said. ''He has to give information on others that means other charges coming to light.'' Asked if this meant, say, a player volunteering, ''I took a peptide and so did my teammate,'' Andruska replied: ''Yes.''

Read more: http://www.theage.com.au/sport/hopes-of-escaping-dope-ban-near-zero-20130317-2g996.html#ixzz2ZfnV1UTG​

Shane Charter, on James Hird in The Age, July 22nd

"That was December 2011 and he [Hird] was far from an expert on peptides or convinced on the whole injecting program," Charter said in a recorded interview.

"In fact, James, as a cautious individual, put three serious hurdles for Steve Dank to get over before he would even consider the program. It had to be WADA compliant, club doctor compliant and have no health risks to the players."

Read more: http://www.theage.com.au/afl/afl-news/hird-wary-biochemist-20130721-2qcos.html#ixzz2Zln5C9BQ​

​

Steve Dank on Footy Classified, July 22nd​

​

July 27th - David Evans Resignation, Essendon official statement
http://www.essendonfc.com.au/news/2013-07-27/david-evans-resigns

I am announcing tonight my resignation from the Essendon Football Club board, effective immediately.

I appreciate very much that this will cause some consternation amongst the Essendon family.
However, I strongly believe that the best thing for the Club at this stage is for a new Chairperson in order to see through the next phase of this challenging and difficult time for our club.

The ASADA report is close to finalisation, and I believe that I have put the interests of the players and their families first in this process, and I have been guided by my duty of care to them and to the Club throughout the last 5 months. I remain extremely hopeful that our players will be treated with fairness and dignity through the next stage, and I do trust the process that we have been subject to.

Leadership is tough at times and I have tried to lead with fairness and integrity and at the same time acknowledging responsibility to make the right decisions. I am confident that this decision is one of those.

My involvement, and indeed my family’s involvement over many years at both Essendon and the AFL have given me great strength during the last 5 months, because many of the people that I deal with are close friends. This has given me great insight and assisted in making tough decisions, but those decisions now may be seen to be clouded by those relationships or be seen as a conflict, and I am not prepared to have my decisions reflect poorly on the Club either now or in future.

It is also for slightlyselfish but important reasons. I have significant responsibilities to the 100 people who work at my firm. They have stepped up to the plate admirably and very capably and the business is thriving but it is important that I return, and this means I cannot give to Essendon what it needs over the coming months. My business is 6 years old, and I have a clear vision of its future, and I need to get back to the business to prosecute that vision.

What is happening at our club right now is a tragedy, but I know that it will survive. I believe in the Essendon Football club and it's people and it will get through this crisis with people like Paul Little, James Hird and Ray Gunston as its leaders.

The Essendon Football Club is a great institution that is bigger than all of us, and survives and thrives because of the passion of our members and supporters, and the commitment of our players and our staff. Those of us lucky enough to serve the club must always keep in mind that we owe the club our best, not the other way around.

I would like to acknowledge the players who have been my inspiration over the last few months. They have displayed much integrity, honesty and passion for their club. They have such a desire to play for each other. I would also like to acknowledge the players parents. I have come to know these people and understand they have been through a lot. I thank them for their trust in me and I promise I will continue to watch over their boys in the coming months. I urge all involved in the next stage of this process to put the interest of the players first and foremost.
I will remain a loyal servant to this great club and will be available to help the club through the final stages of the investigation.

This decision is also, finally, about my family, whose support has been unwavering, but who have also had to bear much of the stress of the last 5 months. This process has taken its toll on me, and on those around me, and I owe it to them to hand over now for the next phase.
I will make no further comment until further notice.

Australian Health Practitioner Regulation Authority confirms the ACC has asked it to investigation 5 doctors associated with Stephen Dank

http://www.ahpra.gov.au/News/2013-07-29-media-release-acc-referral.aspx

29 Jul 2013


AHPRA has received a referral from the Australian Crime Commission (ACC), as a result of the ACC's investigation into drugs in sport.
AHPRA confirms ACC referral

The Australian Health Practitioner Regulation Agency (AHPRA) today confirmed it had received a referral from the Australian Crime Commission (ACC), as a result of the ACC’s investigation into drugs in sport.

The ACC has referred some registered health practitioners for review by AHPRA and the National Boards. AHPRA and the relevant National Boards will now examine the referral to determine what action may be necessary to protect the public.

The role of the National Boards and AHPRA under the National Registration and Accreditation Scheme is to protect the public.

The powers of the National Boards and AHPRA are set down in the National Law. Information about our investigative processes and our role in managing complaints (called notifications in the National Law) is published on the website under notifications.

If a National Board believes there is a serious risk to public health and safety, it has the power to take immediate action to restrict a practitioner's registration in some way. More information about this power is published on this fact sheet on immediate action.

To protect the integrity of any future investigation, AHPRA and the National Boards will not comment further or confirm any details of the referral from the ACC.

If, after an investigation or another process under the National Law, a practitioner’s registration is limited in some way, this will be published on the register of practitioners.

Dean Robinson interview exclusive on 7







Essendon statement

 

[The_Wookie]

St Kilda confirms Ahmed Saads positive test for PED



Essendon Chairman, Paul Little statement on August 1st
http://www.essendonfc.com.au/news/2013-08-01/little-challenges-personal-attack

Essendon chairman Paul Little has labeled last night’s Channel 7 interview with Dean Robinson a ‘personal attack’ without foundation on coach James Hird.
Little said the interview was full of mistruths and distortions.
“No doubt like many of you, I watched the Dean Robinson interview last night,” Little said
“Clearly visible to me was a man who was stressed, frustrated and tired. There is no doubt this ordeal is extracting a huge personal toll on everyone involved.”
“Not withstanding this, I cannot let what was claimed last night go unchallenged, as much of it was patently false or distorted.”
“What went to air – largely unchallenged by Channel 7 – was a series of uncorroborated allegations by a disgruntled, disaffected and discredited ex-employee.”
“The inaccuracies in the interview are too many to work through one-by-one, and we are seeking legal advice on a number of these matters,” Little said
“That said, I have spoken with James Hird and he confirms:

• that no Police have ever raided James’ house.
• James did NOT call – or speak to - Dean Robinson asking him to investigate any ‘undetectable cream’
• James has not maintained a relationship with Shane Charter. Having been introduced to Mr Charter along with a number of other AFL footballers, in 2003/2004 James was provided dietary advice. James has had no contact with Mr Charter since, other than when he unexpectedly ran into him some seven years later.
• As has already been reported, James has addressed the slanderous allegations about personal injections in his ASADA interview. He categorically denies a personal program of weekly or bi-weekly injections.
• Contrary to what was claimed, James Hird and the Essendon Football Club have never held the view that the Collingwood Football Club, West Coast Eagles Football Club or the Hawthorn Football Club have been involved with illegal or prohibited supplements. The suggestion James Hird has or had knowledge of the supply of such substances to Collingwood is both damaging and incorrect.

“Overall, this interview was an unjustified personal attack on one man which deeply offends the Essendon Football Club, its staff and its players,” Little said
“Finally, in some of the toughest times conceivable, I have been overwhelmed by the incredible passion and loyalty on display from the Essendon family.”
“I am in no doubt we boast the best supporters in the AFL.”
“We will get through this, and we will be stronger for it.”
“In the meantime, I look forward to taking on the old enemy on the MCG on Sunday.”

Federal Police Statement, as quoted by The Age on August 1
http://www.theage.com.au/afl/afl-ne...-police-say-20130801-2r0vs.html#ixzz2ahsyJRxJ

The then head of the unit, former Detective Inspector Jim O'Brien said, "James Hird was one of a number of players spoken to as part of the Charter inquiry".
"It was all part of a routine investigation to prove that Charter's cash did not come from a legitimate income stream," O'Brien said.
"Hird was asked a few questions. It was all amicable. There were no warrants taken out and no raids on his house."

James Hird response to Robinson interview - statement to TV on August 1


The ASADA Interim Report was handed to the AFL on August 2nd



Essendon acknowleges the AFL statement on August 2. On August 4, Essendon Acknowledges that the it has received the report from the AFL.

On August 5th, Essendon released a statement denying rumours that there had been demands for Hird to stand down

Essendon Football Club categorically denies the baseless rumours and speculation tonight in the media about an 'ultimatum' in relation to the future of coach James Hird.

As a Club we are incredibly frustrated by the decision of some sections of the media to report unfounded and untested gossip.

On August 6th, Hird himself denied the rumours he was given an ultimatum.

On August 7th, Andrew Demetriou told the press that claims that Essendons punishment were predetermined were offensive and not true.



On August 7th, paul Little sent the following letter to all Essendon members.

Dear Members,

As you are now aware, the Essendon Football Club has received the ASADA interim report from the AFL.

The Club is currently reviewing the report and working through the next steps of the process to reach an outcome as a priority.

Our primary consideration in this process has always been the welfare of our players.This hasn't changed.

At this stage, I can’t tell you unequivocally what the outcome of this process will be, but the Club remains confident our players haven’t done anything wrong in relation to performance enhancing drugs.

Importantly, our message to the players and coaches this week has been to focus on the footy. The administration and management will continue to work as hard as we can to ensure natural justice is served and our rights are being protected at all times during this process.

Finally, thank you for your support and unwavering loyalty. The passion and support for the Club from our members is heartening and greatly appreciated by us all.

I hope to see you all at the game on Sunday – and don’t forget to bring your scarf!

Paul Little

 

[The_Wookie]

August 12 - Steve dank offers to help the Bombers


On August 12, Hird said he would be stagged if charges were laid based on the interim ASADA report

August 13 - The AFL hands down charges


Jobe Watson issued a statement on behalf of the players

On behalf of the Essendon playing group, captain Jobe Watson has made the following statement

“As we’ve said all along, none of us believed we’d done anything wrong in relation to the 2012 supplements program,” Watson said.

“We’ve fully co-operated with every part of the ASADA investigation and we’ve always said we’ve got nothing to hide.”

“We feel vindicated by this announcement and hope this helps confirm the faith of our supporters and the broader football public that, as professional sportsmen, we would never do anything to compromise the integrity of the game, our team, or our own values.”

“The last six months have been an extremely tough time for us and our families and friends, and while we’ve stayed focused on our footy, the speculation and innuendo has had an impact in some way on all of us.”

"You could never describe this experience as a positive, but what has come out of it is an even tighter bond across the playing group."

"Collectively, we’ve also been blown away by the support we’ve received from our fans. Your loyalty has been unwavering throughout this entire process – thank you for believing in us."

"Finally, we’re very aware that this stressful process continues for our club. Our club and coaches have got our unqualified support and we’ll continue to support each other throughout this process and beyond."

The Essendon Football Club released its statement

Essendon Football Club Chairman Paul Little has made the following statement:

Essendon Football Club confirms it and four Club employees – James Hird, Mark Thompson, Danny Corcoran and Dr Bruce Reid – have received notice from the AFL that they have been charged under AFL Rule 1.6.

Now that charges have been laid, the Club and individuals involved are in a far better position to focus on understanding the specific nature of the allegations and the evidence upon which the AFL has relied to lay the charges.

Essendon takes these matters very seriously. They are based on assertions contained in an interim report from ASADA and will be vigorously defended.

These are very complex matters and whilst the Essendon Football Club is determined to resolve them expeditiously, that cannot be at the expense of thoroughness and due process that affords all parties natural justice to ensure a fair outcome.

Essendon welcomes the news that no infraction notices have been issued against any of its players and the AFL’s statement that, on current evidence, no notices will be issued.

Throughout this process, our prime consideration has been the welfare of our players. We have maintained that no player has taken a performance enhancing substance and that there was no breach of the AFL’s anti-doping code. We stand by this and thank our players and their families for the way they have conducted themselves during what have been emotionally taxing times.

Since the Club first raised its concerns with the AFL and proactively invited ASADA to investigate these matters, we have co-operated fully with all enquiries.

It is also important to be very clear that there is no doubt the Club and individuals have made mistakes and that our governance and people management had significant gaps.

Over recent months, we have also implemented fundamental reforms of our internal governance practices and procedures, including reform of our HR and employee recruitment policies, medical protocols and lines of responsibility and accountability. The Club has been assisted in this task by appropriate independent experts.

Given the Club’s assessment of the charges it is appropriate that the four individuals continue to perform their roles within our reformed governance structure. To do otherwise before these matters are finalised would be to effectively impose a penalty in advance of a fair hearing and represent a denial of natural justice.

The Club notes that the AFL does not intend to make further comment at this time and neither will the Essendon Football Club or the charged individuals.

On August 17th, Paul Little said Essendon will be fighting the charges

"However, the nature of some of these allegations go way beyond what we believe is the truth, in particular with regard to the use of illegal substances.

"We cannot let these allegations go unchallenged.

"We owe a duty to our past and current players, supporters, members, sponsors and coaches to ensure that these matters are resolved equitably and in a timely manner."

Although some have speculated legal battles could draw the saga out for months, Little indicated the Bombers want to put it behind them as soon as possible.

On August 19th, the league granted Hird, Corcoron, Thompson and Reid more time to prepare. On August 20th, Andrew Demetriou told the press that Commission still expect Essendon to front the Commission on Monday. On the 21st, it was announced that Essendon were seeking a time extension.

We believe we hadn't been given the information that we require in relation to who will appear to support the charges," Little said, before the meeting.

"There [are] some procedural issues that are still outstanding for us so we've requested an adjournment."

ASADA addressed issues pertaining to the release of the interim report in a FAQ on its website

On what legal basis has ASADA provided the interim report to the AFL?

On 2 August 2013, ASADA provided the AFL with an interim report, in accordance with its legislative provisions, on its investigation into the possible use of banned substances at the Essendon Football Club.
Under clause 4.21 of the National Anti-Doping (NAD) Scheme, the ASADA CEO is entitled to disclose information to a sporting administration body (such as the AFL) in connection with ASADA’s investigation. Further, under Article 4.7 of the AFL Anti-Doping Code, ASADA has an obligation to report to the AFL on the exercise of its anti-doping functions, including its investigative functions. These are the bases on which the interim report has been provided to the AFL.
As the AFL is covered by the Privacy Act 1988, use and disclosure of the information by the AFL is subject to the National Privacy Principles (NPPs). There is nothing in either clause 4.21 or the NPPs that would authorise the report being made public.

 

[The_Wookie]

On August 21st, the AFL released the charges.

Andrew Demetriou Press Conference



AFL Charge Sheet

AFl Statement

I wish to confirm our Chairman, Mike Fitzpatrick has called a special meeting of AFL Club Presidents for tomorrow, Thursday, August 22 at 3pm at AFL House so that the AFL Commission can brief our clubs on the inquiry and investigation into the Essendon Football Club and charges which allege breaches of Rule 1.6 by our General Counsel Andrew Dillon.

As General Counsel, Andrew Dillon formed the view there was sufficient evidence to bring these charges against the Essendon Football Club and specific persons as part of the process of the ongoing inquiry and investigation into whether breaches of the rules have occurred.

This assessment was made on the basis of information gathered during a six month investigation which included more than 13,000 documents.

As part of tomorrow’s briefing to the Club Presidents, we have forwarded the detail of the charges in respect of the Essendon Football Club to the Club Presidents this afternoon.

We have made available the charges and the ASADA report to the AFL Players’ Association so that the documents can be reviewed by the players from the Essendon Football Club and their families.

The duty of care to players is a fundamental responsibility of the AFL Commission and all AFL clubs.

Given the level of public interest in this matter, we have also released the details of the charges against Essendon this afternoon.

This is consistent with the view I have expressed in recent weeks that the charges should be released given the amount of information and speculation which has been in the public domain for the past six months.

Our game enjoys an extraordinary level of public support and we believe the public should receive as much information about the matters alleged as is reasonably possible so they can better understand the issues involved.

The release of this information is consistent with the steps taken by the Essendon Football Club to publish the report by Dr Ziggy Switkowski which was commissioned by the club earlier this year.

I am making these comments today because as CEO of the AFL, I have decided that for the sake of everyone involved in the game – supporters, players, clubs and other key partners – that there must be transparency and clarity around this issue given the widespread speculation since the charges were announced on August 13.

All parties were advised at that time of our intention to release the detail of the charges.

This reflects the importance of the AFL’s inquiry and investigation into whether there have been breaches of the rules and the legitimate interest of the public in matters pertaining to the integrity of the AFL competition, in the interests of transparency and so that the public can have an understanding of the nature of the charges relating to these matters.

The AFL notes that certain confidential parts of the Statement of Grounds have been redacted.

The AFL highlights that the Statement of Grounds contains the charges only and their correctness or otherwise remains to be determined. The Essendon Football Club and other parties will be given every reasonable opportunity to answer these charges.

I want to state very clearly there has been no pre-determination of this matter by the AFL Commission. The AFL Commission has an open mind as to whether Essendon has breached the AFL Rules and Regulations and it is an important part of the Commission’s inquiry and investigation that Essendon knows what is alleged and has every reasonable opportunity to respond to the allegations.

Given my role as a member of the AFL Commission, I am unable to take any questions this afternoon.

- The AFL Commission is scheduled to meet on Monday, August 26. This meeting will go ahead.
- We have a number of important matters to consider including the structure of the AFL season for 2014, an update on revenue sharing and competitive balance and to consider an interchange cap for 2014.
- If the Essendon Football Club or any of the individuals concerned want to respond to the allegations at the meeting of the Commission on Monday, the Commission will be able to hear and consider those responses.
- If they require further time – as we have consistently stated – that will be granted to a date to be determined.

Paul Little press conference



Essendon Statement

The AFL has this afternoon, against their initial undertaking, released the Statement of Grounds in support of the charge issued against the Essendon Football Club. We do not consider the Statement of Grounds supporting the charge is justified by the evidence gathered during the investigation. It makes assertions that are simply not supported by the evidence.

The timing of the release is no coincidence – the release follows last night’s revelation that the AFL has known since February of this year, that one of the substances, at the very heart of this matter AOD9604, was not a banned substance.

That the AFL has known this for six months but let questions hang over the heads of our club, and most unforgivably our players, is reprehensible. This, being exposed by an AFL insider, has prompted this latest PR attack on the Club and the individuals concerned.
The Club had sought to prevent these charges being released for one very good reason – we believe a number of the allegations to be outrageous, totally without foundation or substantiation, specifically the assertion that the players were administered prohibited substances.

This is severely damaging to the reputations of those charged.

The Club has always maintained that we did not deliberately set out to run a supplement program, that involved prohibited substances being given to players. Indeed, we do not accept that prohibited substances were so administered.

In the AFL’s own words “neither Essendon nor Hird, Reid, Corcoran, Thompson…set out to implement a supplements program that would result in players being administered WADA prohibited or harmful substances.”

ASADA, in its Interim Report did not make any positive findings that individual players were injected with specified prohibited substances.

We have always maintained that AOD9604 was not a prohibited substance in 2011 and 2012, and advice of professional experts support this.

Since receiving these charges a little over a week ago, I have personally been in constant dialogue with the AFL, in which both parties have attempted to:

- have the charges re-worded to better reflect actual events and the evidence collated; and
- reach common ground in relation to possible sanctions should the Club plead guilty to any of the charges.
Clearly, the AFL was aware of the failings of its original charge sheet.

The revised ‘draft’ charge sheet provided to me by the AFL earlier this week has been posted on our website. A cursory comparison of this document against that released by the AFL today, underscores my contention that the original charges were designed to do little more than score media headlines and ultimately intimidate us.

This belligerent attitude has carried through to discussions on potential sanctions.

As I have said before, the Club recognises that it had shortcomings in governance and management practices in late 2011 and 2012. Already we have changed many things within the Club to avoid a repeat of this, and we understand that we will have to accept a penalty from the AFL for these shortcomings.

However, we maintain our belief that no player was administered either harmful or prohibited substances, and assert, there is insufficient evidence upon which any such allegation should have been made.

Certainly, the interim ASADA report provided no proof to the contrary and in a letter dated 2 August 2013 to AFL CEO Andrew Demetriou, ASADA CEO Aurora Andruska reinforced this view.

The AFL is determined to punish the Essendon Football Club – and four individuals personally – as though we were drug cheats.

As Chairman of this football club – and with the unanimous backing of our Board – and based on the evidence I cannot and will not - accept that. Like all football fans, we want this matter resolved.

I call on Commission Chairman Mike Fitzpatrick to step in and take over this process as I along with a significant percentage of the football public have lost total confidence in the AFL Executive to handle this matter.

Essendons release of the Revised Charges

Essendon Football Club has released the following revised statement of grounds as proposed by the AFL to the club on Friday 16 August.
This document is an example of the club's contention that the original charges were designed to do little more than score media headlines and ultimately intimidate the club.
This belligerent attitude has carried through to discussions on potential sanctions.

AFL Commission makes determination and Essendon FC agrees that Essendon FC:

1 - established a cutting edge program relating to the administration of supplements to its Players; and

2 – neither Essendon nor Hird, Reid, Corcoran, Thompson, Robson or Hamilton set out to implement a supplements program that would result in players being administered WADA prohibited or harmful substances.

Notwithstanding the foregoing, AFL Commission determines and Essendon FC agrees that the Club:

(a) engaged in practices that exposed players to risks to their health and safety as well as the risk of using substances that were prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code;

(b) disregarded standard practices involving the human resources department when employing Robinson and Dank at the Club;

(c) failed to conduct routine, systematic pre-employment checks in respect of Robinson and Dank;

(d) failed to ensure that persons with the necessary integrity, reputation, qualifications and training were engaged by the Club to implement the program;

(e) failed to ensure that those implementing the program were adequately supervised;

(f) failed to devise or implement any adequate system or process to ensure that all substances provided to and used by players were safe and were compliant with the AFL Anti-Doping Code and the World Anti-Doping Code;

(g) failed to have proper regard to player health and safety, including failing to ensure that all substances had no potentially negative effects on players;

(h) failed to identify and record the source from which all substances used by players were obtained;

(i) failed to adequately monitor and record the use of substances;

(j) failed to audit or monitor all substances held on the premises of the Club;

(k) failed to implement a system for recording and storing all substances held on the premises of the Club;

(l) failed to meaningfully inform players of the substances the subject of the program and obtain their informed consent to the administration of the substances;

(m) failed to take any appropriate and adequate action when it became aware of facts that strongly suggested that unsatisfactory and potentially risky practices were occurring in relation to the administration of supplements; and

(n) permitted a culture at the Club that legitimised and encouraged the frequent, uninformed and unregulated use of the injection of supplements;

By reason of the matters referred to in paragraphs (a) to (n) above:

(i) the Club failed to adequately protect the health, welfare and safety of the players

(ii) there was an unacceptable risk that players may have been administered substances that were prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code; and

(iii) the Club is unable to determine whether players were administered substances prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code.

 

[The_Wookie]

James Hird Press Conference



James Hird Statement

The AFL today continued its trial by media of me with the release of the charges against the Essendon Football Club.

My lawyers only received notification by the AFL’s lawyers of the release of the Essendon Football Club charges minutes before they were made public. Courtesy would dictate that the AFL would have given adequate notification of the release of the charges so I could prepare.

Further the release by the AFL of a letter by Dr Bruce Reid to me that formed part of the confidential ASADA investigation is in breach of due process.

The letter, released in isolation, is designed to damage my reputation.

This continues the abuse of process by the AFL by using the media to prosecute a case it seems unwilling to actually prosecute in a tribunal.

My lawyers wrote to the AFL last week seeking certain undertakings, particulars of the charges, and asked the AFL what the basis of their case was, ie who it's witnesses were and what they were going to say in respect of the charges so that I could properly prepare my case.
The AFL is yet to respond to these requests which has made delay of the hearing inevitable.

These charges are denied and will be vigorously contested once the AFL actually provides due process.

The announcement by ambush confirms that the AFL is running an agenda which continues to call into question its impartiality.

My position is the same today as what it was yesterday and in previous weeks. That is:
1. I will contest the charges;
2. Mr Demetriou and the AFL should recuse themselves from any hearing of this case because of the conflict of interest that has been created by the AFL’s involvement in the process; and
3. There should be a public hearing conducted transparently by an independent arbiter.

It is critical to note that the ASADA report is interim; that no player infractions have been issued and the AFL and ASADA may be in breach of the law with the use of the interim report as a basis for the charges that have been laid.

In this frenzy of releases and press conferences today, the AFL remains silent about its knowledge since February 2013 of AOD9604 not being a banned substance, the major issue in this saga.

Throughout the course of this exercise I have been denied natural justice and today’s ambush is just another example of that.

Matt Finnis Press Conference



Matt Finnis Statement

The notice of charge against the Essendon Football Club and supporting Statement of Grounds issued by the AFL today is a disturbing read.

It obviously contains information collected as part of a comprehensive investigation by ASADA and the AFL, the interim report of which I have also read.

So seeing the material contained in the charge sheet today was not a surprise for me, but it is no less distressing to read.

I understand that what has been released today is open for the Club and individuals to rebut by way of their own evidence and explanation. I absolutely respect that. Furthermore, there is still an ASADA investigation continuing. As these legal processes are still ongoing, I do not want to comment on those issues today.

It is rightly up to the AFL Commission to decide on breaches of its rules, penalties and processes.

It is up to ASADA to decide on the performance enhancing status of the drugs and supplements.

But it is my job as the head of the Players Association to demand a safe workplace for our players - this is the most basic of rights that our players should be able to expect.

Having read the entirety of the interim report I have been surprised at the ambiguity of what I have read and some of the messages going to players, their families and the broader public.

I have been concerned that some of the messages are not commensurate with the seriousness of the issues at hand.

Out of respect for the Club we have sought the opportunity to better understand their perspective and look forward to that prospect.

But what I can say is that our Association has no tolerance for conduct which compromises duty of care to players.

The issues raised by Dr Bruce Reid in January 2012 go to the heart of many of our concerns as the Players’ Association.

- The injecting of players in the absence of medical supervision;

- Administering drugs to players without prescription or approval from the club doctor;

- The use of drugs which are not approved for human use, and substances which are specifically designed for treating ailments not related to athletic performance; let alone

- The evolution of a culture of supplement taking where an experienced club doctor feels he “is letting the club down by not automatically approving of these things.”

These are all things I never expected to see in our sport.

It is shocking to see that the concerns of health professionals were ignored by a club that seemed intent on pushing the boundaries regardless of the potential impact on players.

It is not apparent to me based on my reading of the Interim Report how the Club can be certain that no players’ health was put at risk by virtue of its supplements program. I will be urgently seeking the medical advice from the Club which provides the basis for this position.

At present, it would appear to me that if indeed all players have escaped negative health effects, it will be attributable more to good luck than any prudent management.

My overwhelming reaction to this is simple.

This must never happen again.

This is simply too important to get lost amid the legal manoeuvres surrounding this issue.

This cannot be about taking sides or drawing battle lines. We cannot, as an industry, look the players in the eye unless we do everything in our power to ensure that no player is put in such a position.

I want to make it very clear, for the Players’ Association this has never been limited to the specific status of a substance such as AOD9604 under the WADA Code. This is much broader.

The health and welfare of players is something that cannot and must not be compromised in any way.

I am asking all of our industry to do whatever needs to be done to ensure this never happens in our sport again.

The AFL Players' Association will continue to work through this issue with the players. The same players who have found themselves in this regrettable situation not of their own doing, who have cooperated fully with ASADA and have experienced several months of unprecedented speculation and uncertainty regarding their careers, health and reputations.

Its’ my job to ensure everybody continues to focus on the wellbeing and safety of the players. I will continue to do that.

 

[The_Wookie]

thread now updated August 21, 7.30pm

 

[The_Wookie]

ASADA denied it had advised it was ok to take AOD9604

ASADA has refuted reports it advised parties to the Essendon supplements investigation that anti-obesity drug AOD-9604 was not a banned substance.
In written advice to the AFL on Wednesday, ASADA CEO Aurora Andruska said AOD-9604 was a banned substance under the WADA code and reiterated that ASADA had never advised any party otherwise.
"AOD-9604 is not approved for human use and logically it couldn't be considered safe to use," Andruska said.
"ASADA reiterates that at no point has it advised any party that AOD-9604 was permitted in sport, and our advice to the sporting community has always been consistent with WADA."
ASADA's advice followed comments from sports medicine specialist Andrew Garnham on Fox Footy's AFL 360 program that ASADA had advised him in February 2013 that AOD-9064 was not a banned substance.
Garnham, a former member of an AFL Victoria Anti-Doping Tribunal, is now working as a consultant with Essendon.
AFL General Counsel Andrew Dillon said on Wednesday ASADA's advice was consistent with a WADA statement in April.
"When the Australian Crime Commission report was released in February this year, the report indicated AOD-9604 was not a banned substance. The AFL discussed this at the time with the Essendon FC," Dillon said.
"On April 22 this year, WADA indicated in a statement that AOD-9604 was a banned substance still under pre-clinical and clinical development and that it had not been approved for therapeutic use by any government health authority in the world.
"ASADA advised the AFL their position was consistent with WADA. The AFL has consistently acknowledged the uncertainty concerning the status of AOD-9604.
"The AFL has worked diligently with ASADA to get clarification on the status of AOD 9604 for the purposes of the Essendon investigation."
Dillon reiterated infraction notices could still be issued against Essendon players as the AFL-ASADA investigation into the Bombers' 2012 supplements program continued.
The AFL said Garnham's advisory role with Essendon meant he was now ineligible to sit on the AFL Anti-Doping Tribunal should it be required to hear the matter.

 

[The_Wookie]

On August 22nd, Hird lodged an action with the Supreme Court of Victoria claiming he was denied natural justice.

Under the heading, "AFL Acting in bad faith", Hird claimed that between February and August 21 this year the AFL had provided information to the media (directly or indirectly) with information it had acquired ''in the course of the alleged joint investigation''.
The writ said this information included:
• Information unfavourable to Hird;
• Information unfavourable to Hird which he has been given no opportunity to answer during the investigation; and
• Information which has not included material favourable to Hird, or material which explains the unfavourable information.
The writ said the AFL threatened and intended to hold a hearing into the charge against Hird in private, in front of a panel which includes Demetriou and commissioners who have had access to the ASADA report, and without giving Hird a proper opportunity to address the charge against him.
Hird claims he will be exposed to a hearing process ''where it appears Demetriou, and other members of the Commission who have read the ASADA interim report, will not be seen to act impartially in the hearing and determination of the Hird charge''.
He said the AFL's intention to have the charge heard by the commission substantially denied him natural justice, would cause him to suffer irreparable loss and damage, and ''seriously interferes with Hird's coaching contract with Essendon such that he fears he will not be able to meet his obligations under contract to Essendon in respect of the coming games''.

Read more: http://www.theage.com.au/afl/afl-news/james-hird-launches-supreme-court-action-against-afl-and-andrew-demetriou-20130822-2scu3.html#ixzz2cfsY7TwM​

 

[The_Wookie]

On August 22, the AFl club Presidents unanimously backed the AFL

"After discussions [with] both the AFL and Essendon chairman Paul Little, the 17 other clubs met in the absence of the AFL and Essendon to consider the Essendon dispute," Gordon said.
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"We resolved to unanimously express our support for the integrity of the AFL Rules and the need for those rules and the integrity of our competition to be preserved," he said.
"In our view, is is of paramount importance that every effort be made to resolve these matters within the AFL industry.
"We wish to unanimously express our confidence in the AFL Commission and the AFL management.
"In the meantime, we call upon all parties to exercise restraint and discretion in any public comments about this matter and with the safety and welfare of players and their families and the integrity of the game as the paramount considerations."

Read more: http://www.theage.com.au/afl/afl-news/afl-presidents-back-leagues-stance-on-essendon-20130822-2sdxy.html#ixzz2cghpAV5U​

 

[The_Wookie]

Mike Fitzpatrick Statement

I want to start by addressing all Australian football supporters.

The AFL Commission shares your anger and frustration that the 2013 season has too often been dominated by headlines that we would rather not see – and hoped we would never see associated with our sport.

The issues involved in the Essendon Football Club’s supplements program are deeply disturbing. The investigation undertaken over the past six months and the actions we have taken today reflect this gravity.

A number of fundamental principles guide our code and collectively contribute to making the AFL competition successful.
Two of these principles are absolute non-negotiables:

• The health and safety of the players, and the overall integrity of the AFL competition.
• These principles underpin our Rules and also our day-to-day decision-making.

On behalf of the AFL Commission I want to send a clear and unequivocal message to everybody that nothing – and no-one – comes ahead of the duty of care owed to players and also the need to safeguard the fairness of our competition.

The pursuit of on-field success can never be allowed to obscure a commitment to the principles of player welfare and competition integrity. The very essence of sport demands it.

The AFL Commission yesterday and today dealt with the charges against the Essendon Football Club and Club officials James Hird, Danny Corcoran and Mark Thompson in relation to the Club’s supplements program in 2011 and 2012.

To their credit, all the parties involved in today’s hearing have worked hard to resolve the matter in the overall interests of the game. The AFL and those charged considered that the best interests of the game and its supporters are served by a resolution of this matter. We can now refocus on the game and on the Finals in the coming weeks without distractions or uncertainty.

The AFL acknowledges that neither the Essendon Football Club nor any of the individuals charged set out to implement a supplements program that would result in players being administered prohibited or potentially harmful substances.

However, the Essendon Football Club today acknowledged it had established a supplements program that was experimental, inappropriate and inadequately vetted and controlled, and that in relation to the program:

• The Club failed to ensure it adequately protected the health, welfare and safety of the players;
• There was a risk that Essendon players could have been administered substances prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code and any such risk is an unacceptable risk;
• The Essendon FC is unable now to determine whether players were administered some substances prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code.

By reason of these matters, it has been determined by the Commission, and the Essendon FC has agreed, that the Essendon FC breached Rule 1.6 of the AFL Rules in that it engaged in conduct that is unbecoming or likely to prejudice the interests or reputation of the Australian Football League or to bring the game into disrepute.

In addition, the AFL Commission has found, and Hird, Thompson and Corcoran agree that in consequence of their actions Essendon FC breached AFL Player Rule 1.6.

I want to acknowledge for the record that at the outset, the Essendon FC came forward and self-reported its concerns surrounding its supplements program.
From that point, the Club and its officials and players co-operated fully with the AFL and ASADA in the Investigative process. Their assistance has helped to get a much clearer picture of the events at Essendon in 2011 and 2012.

I also want to thank the AFL Integrity Unit led by Andrew Dillon and Brett Clothier for their hard work and diligence in investigating and prosecuting this complex and challenging case. In this investigation over 130 witness interviews were conducted and 13,000 documents reviewed. Using the AFL’s
investigative powers, email servers, computer hard drives, back-up tapes and mobile telephones were seized and analysed. This level of forensic inquiry shows the AFL’s commitment to finding the truth and protecting the integrity of the competition.

Finally, I want to commend ASADA and its first class investigators for their outstanding work. ASADA’s willingness to work closely with sporting bodies to protect the integrity of sport is the reason we have been able to consider this matter and take action prior to the 2013 Finals series.

I will now detail the sanctions determined by the AFL Commission today. Each of the parties dealt with today chose to make significant admissions in relation to the conduct of the supplements program, and this was taken into account in the Commission’s determination.

Those sanctions are:

Essendon Football Club Penalty

A fine of $2 million;

• The Club will forfeit its place in the 2013 AFL finals series and will not play in the 2013 AFL finals series, being deemed to have finished the 2013 Premiership Season in ninth position;
• The Club is prohibited from exercising, at the 2013 and 2014 National Drafts, its Round 1 and Round 2 selections;
• The Essendon FC, in 2014, will be granted a selection at the end of Round 1 of the National Draft prior to any compensation selections otherwise awarded under the Rules.
• For the avoidance of doubt, the Essendon FC has the ability to trade in for draft selections at any level of draft pick in the 2013 and 2014 National Drafts.

It is important to note that Essendon FC further agrees and acknowledges that it:

• Regrets the impact and potential consequences this matter may have had on the Club’s players and on the AFL competition in general;
• Supports the AFL Rules and recognises the need for the integrity of those Rules and the integrity of the AFL competition to be preserved by the AFL Commission.

James Hird Penalty

• The AFL will impose a 12 month suspension from the AFL, backdated to commence from 25 August 2013;
• Hird will not work with any AFL Club in any capacity during this period.

Danny Corcoran Penalty

• A six-month suspension from the AFL, effective 1 October 2013, two months of which is suspended for a period of two years;
• Mr Corcoran will not work with any AFL Club in any capacity during this period.

Mark Thompson

• A fine of $30,000.

More complete details in relation to these sanctions will be released to the media separately due to the level of detail.

The AFL Commission determined that the charge against Essendon Football Club official, Dr Bruce Reid, would be adjourned until 10am on Thursday. Dr Reid is contesting the charge against him.

In conclusion, I want to note that this matter has been a wake-up call for our sport. It has already resulted in a range of governance reforms within the Essendon FC and enhancements to the AFL Anti-Doping Code that better regulate sports science and employment arrangements in football, and that reinforce the primacy of the club doctor in all medical decisions.

A number of significant lessons have been learned and changes made; I believe the AFL competition as a whole emerges stronger and far more resistant to the growing risks and threats that are challenging sports around the world.

Finally, I note that the outcome reached today, in addition to the support last week from the 17 other AFL clubs and also the AFL Players’ Association, is a powerful and enduring affirmation that no single club and no individual is above our great game.

________________________________________________________

Essendon Statement

On behalf of the Board of the Essendon Football Club, I confirm the Club, James Hird, Mark Thompson and Danny Corcoran tonight reached agreement with the AFL on conduct and penalties relating to governance and management of the Club's supplement program in late 2011 and 2012.

We recognise that failings occurred at our Club during this period. We must – and do – accept accountability and apologise for them.

We have learnt from our mistakes and made substantial reforms to our governance and people management practices to ensure the Club will never be in this position again.

The Club also accepts the penalties imposed by the AFL and welcomes that this matter has been brought to a close for the Club and the three individuals.

Doctor Bruce Reid has advised he will contest the charges laid against him. The Club understands and respects his decision.

It is important to note that the admissions contained in the settlements are significantly different to the allegations previously released by the AFL.

In the Deeds of Settlement, the AFL acknowledges that neither Essendon Football Club nor any of the individuals charged set out to implement a supplements program that would result in players being administered prohibited or potentially harmful substances.

However the settlement does involve significant penalties, including:

• The Club missing the finals in 2013;
• Suspension of James Hird for 12 months.
• Suspension of Danny Corcoran for 4 months (plus 2 months suspended suspension);
• A fine of $30,000 for Mark Thompson;
• Loss of our first two draft selections in the 2013 National Draft and our 2nd round pick in 2014; and
• A $2 million fine for the Club.

Through every step in this process – from our decision to self report to ASADA, our full co-operation with the subsequent investigation, the commissioning of the Switkowski Report and our briefings of players and their families – our first priority has been the welfare of our players.

We can reassure our fans and the broader football community that this will always be paramount in our pursuit of success.

I am full of admiration for our players, their families and all our staff and sponsors for the way they have conducted themselves under great pressure during the course of this season. It has been a trying time for all and we look forward to the Club fully focusing on 2014 and beyond.

On behalf of the Club, I reiterate our support for James, Mark, Danny and Bruce. This process has been exceptionally taxing on everyone at the Club – but no more so than for our players, these four individuals and their families. Throughout, they have conducted themselves with great dignity and loyalty to Essendon.

While the Board will shortly determine a process for making necessary people and structure arrangements, we can confirm Assistant Coach Simon Goodwin will coach the team against Richmond at the MCG on Saturday night.

We also confirm that at the completion of his 12 month suspension, James Hird will be welcomed back as senior coach of Essendon Football Club.
The Club has worked hard to bring these matters to a conclusion in the interests of our players and staff, their families, our supporters, sponsors and all football followers.

Essendon Football Club is blessed with incredibly loyal members, supporters and sponsors.
I thank them for their strong messages of support and look forward to working with them to ensure our club rebounds and is wiser and stronger in season 2014 and beyond.

 

[The_Wookie]

 

[The_Wookie]

Official AFL Statement: http://www.afl.com.au/news/2013-12-04/demetrious-letter-to-the-clubs

Good morning

Various News Limited publications have this morning devoted considerable space to coverage of the investigation into the Essendon Football Club and its supplements program and the sanctions applied to the club and various individuals.

Both the Herald Sun and Australian newspapers make a great deal about the role of Australian Sports Commission Chairman John Wylie but that fact has been on the public record since September 3, 2013 when the Sydney Morning Herald and The Age newspapers outlined his involvement.

Mr Wylie was asked by Essendon FC Chairman Paul Little to facilitate discussions with the AFL at a time when there was an impasse between the parties. We were not privy to the discussions between Mr Little and Mr Wylie and ultimately, the AFL Commission determined various sanctions which were the most severe ever imposed on an AFL club including the unprecedented step of excluding Essendon from the 2013 finals series.

The sanction accepted by James Hird included a suspension for 12 months and the fact he could not be on the payroll of the Essendon Football Club for the duration of the suspension.

Some of the coverage by News Limited today appears to assert the AFL has paid or is paying James Hird which is completely false.

The various sanctions were applied a matter of days after a special meeting of AFL Club Presidents/Chairmen on August 22, 2013 which, among other things, urged the AFL Commission to resolve the matters relating to Essendon FC within the AFL industry and as soon as possible.

You will also recall the following statement was released by Western Bulldogs President Peter Gordon on behalf of 17 AFL Club Presidents/Chairmen after the August 22 meeting:

"The 18 AFL clubs met today in Melbourne with the AFL Commission.

After discussions with both the AFL and Essendon Chairman Paul Little, the 17 other clubs met in the absence of the AFL and Essendon to consider the Essendon dispute.

We resolved to unanimously express our support for the integrity of the AFL Rules and the need for those rules and the integrity of our competition to be preserved.

In our view, it is of paramount importance that every effort be made to resolve these matters within the AFL industry.

We wish to unanimously express our confidence in the AFL Commission and AFL management.

In the meantime, we call upon all parties to exercise restraint and discretion in any public comments about this matter and with the safety and welfare of players and their families and the integrity of the game as the paramount considerations."

- Peter Gordon, Western Bulldogs

In our view, the coverage in the News Limited publications does not provide any significant new information.

The sanctions by the AFL Commission are the most significant imposed on an AFL club. They included Essendon FC being excluded from the 2013 finals series, the first time since 1897 that a club has been excluded from participating in the finals. The sanctions are included as Attachment 2 to this memorandum.

We believe the key points are as follows:
1. The matters for which Essendon FC and others were held to account involved a significant failure in the duty of care to players. They were extremely serious and something we would not want to see in our game ever again.
2. Essendon's own report (Switkowski) described "a disturbing picture of a pharmacologically experimental environment never adequately controlled or challenged or documented within the club".
3. It is already well-known that negotiations were held to resolve the matter as quickly and as appropriately as possible – this is hardly a revelation. Consistent with the strong view put by the 17 AFL Club Presidents, the issue was resolved within the AFL industry.
4. Football fans and the 17 other clubs wanted the issue dealt with as soon as possible and the AFL wanted to safeguard the integrity of the 2013 Finals Series in the best interests of our game. We make no apologies for that.
5. Without detailing the cut and thrust of those discussions, they were held in good faith at a number of levels and were always appropriate.
6. Ultimately, the sanctions imposed on the Essendon FC and the individuals concerned were the harshest in the history of Australian football and reflected the seriousness of the matters dealt with.
7. It is the role of the AFL Commission and administration to oversee the health and safety of all players, the integrity of the AFL competition and the rules governing the game.
8. The AFL Commission's fundamental objective was to resolve the issues relating to the Essendon FC and various individuals so that the finals could proceed without the risk of compromise at some point in the future as has been the case in other sports.
9. The sanctions and the acceptance of those sanctions by Essendon and various individuals was a genuine outcome arrived at under the rules of the AFL competition which in turn allowed supporters of the game to enjoy a finals series without the risk of compromise.

If you have any queries concerning this matter, please do not hesitate to call.

Kind regards
Andrew Demetriou

 

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AFL statement - Essendon Football Club

AFL statement December 12, 2013 1:22 PM

The AFL today said it wrote to the Essendon Football Club last Friday December 6 and again earlier this week on Monday December 9 in regards to the terms of the 12-month suspension of senior coach James Hird, seeking assurances from the Club that it was upholding the agreed terms of the suspension.

AFL Chief Executive Andrew Demetriou said AFL General Manager, Legal, Integrity and Compliance, Andrew Dillon had advised the Essendon FC in writing this week the clear intention from the outset of James Hird’s 12-month suspension by the AFL was that he could not work for any club in any capacity or receive a salary from any club.

“Since September, the AFL has been in consultation with the Essendon FC concerning the terms of James Hird’s suspension, including the fact he cannot be paid by the Club for a period of 12 months,” Mr Demetriou said.

Mr Demetriou said Mr Dillon was awaiting a formal reply from the Club. Until that reply was received, the Club has been informed the AFL will withhold an amount from regular AFL discretionary distributions to the Essendon FC each month.

“The public statements from the AFL, from myself as CEO over the last week, were in the belief that Essendon had concluded its payment arrangements and begun the suspension period. The AFL has since sought confirmation and is yet to receive it.

“The Essendon FC has also been advised in writing that if the club continues not to comply with the terms of the suspensions, the matter will be referred to the meeting of the AFL Commission in Melbourne next week,” he said.

On August 27, 2013, the AFL and James Hird agreed that in 2011/2012 the Essendon Football Club implemented, while Hird was Senior Coach of the club, a Supplements Program, which was inadequately vetted and controlled.

It was agreed by the AFL and James Hird that:

• he contributed to the Essendon FC’s failure to take sufficient steps to ensure the health, welfare and safety of players in relation to the Program;
• when he became aware of facts that suggested that unsatisfactory practices were occurring, the action he took was not sufficient to stop those practices;
• he did not take sufficient steps to avoid there being a risk that players may have been administered substances that were prohibited by the AFL Anti-Doping Code and the World Anti-Doping Code, and any such risk is an unacceptable risk;
• as Senior Coach, he shares responsibility for the inadequate governance within EFC’s football department,

and in consequence, Hird accepts that the Essendon FC breached Rule 1.6 of the AFL Player Rules.

 

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http://www.afl.com.au/news/2013-12-13/afl-statement-hird-to-be-paid-in-full
dec 13

Club Statement
Essendon Football Club Chairman Paul Little has made the following statement:

This matter has been an unprecedented situation for the Essendon Football Club and for the AFL to deal with.

Whilst it is acknowledged that James Hird’s pay wasn’t dealt with in the formal Deed of Settlement between the Essendon Football Club and the AFL, complex discussions relating to James Hird’s legally enforceable employment contract have continued between the parties. It has been very difficult to have this matter adequately resolved whilst being played out in the public arena.

To settle this impasse, the Essendon Football Club has resolved that it will pay James Hird in advance to cover the 2014 year consistent with Hird’s employment contract obligations. This also meets the implied terms of the Deed of Settlement. The implied terms of the AFL sanction indicate that James Hird cannot be paid for a 12 month period therefore he will not be paid during the calendar period January 1 – December 31, 2014.

The AFL has accepted the Essendon Football Club’s position that James will not be paid in 2014, and equally the AFL have accepted that the Essendon Football Club has the right to make payments to James Hird in the 2013 year as it sees fit.

The AFL and Essendon have now both accepted this matter is concluded to both of their satisfaction.

 

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Full statement from AFLPA CEO Matt Finnis
March 2, 2014 4:08 PM

"THE AFL Players' Association condemns in the strongest possible terms the publishing of names and photos of current and former Essendon football players in today's Herald Sun.

"The Players' Association calls on everyone to respect the process and integrity of the ASADA investigation – just as the players have done since this regrettable saga arose.

"For over 12 months, current and former Essendon football players have been the subject of an unprecedented investigation into failures of workplace governance and safety in Australian sport.

"For over 12 months, players have withstood enormous uncertainty, public scrutiny and speculation over their health, their careers, and their reputations.

"But for over 12 months, players have honestly, candidly and transparently cooperated with all authorities involved in multiple investigations.

"You would hope that by now, there might be some level of acknowledgment of the invidious position these young men have been placed in which is higher than publishing names and photos of some of them in a major daily newspaper in a manner which only fuels further speculation and uncertainty."

 

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Open letter to members
Paul Little March 2, 2014 9:57 AM

Dear members,

This week the club received information that stage one of the ASADA investigation process has now concluded and Stage 2, the review stage, will begin – this is following standard ASADA procedure.

Throughout this investigation, confidentiality has been paramount to protect the integrity of this process – unfortunately, at various times this process has been undermined by leaks, mistruths and a lack of ethical and professional behavior.

Today the Club is particularly disappointed that the Herald Sun would choose to provide confidential information from an incomplete and interim report that could easily and unfairly damage the reputation of our players.

As previously stated, we believe that our players did not take anything harmful, performance enhancing or illegal during 2012.

Our Club is by no means in any crisis but we are particularly frustrated and disappointed that the Herald Sun has been unable to show the same level of professionalism and integrity as our players have done throughout this process.

The disclosure of players names will not change the outcome of the investigation in any way whatsoever, however it unfairly impacts our players, their reputations, their families and our club.

Our members and supporters should be proud of our players for the way they have conducted themselves through this process – they have cooperated fully, acted with professionalism, told the truth and not once compromised the integrity of this investigation.

Paul Little

Chairman

 

[The_Wookie]

Open Letter from the Chairman

Paul Little June 12, 2014 1:26 PM



Dear Members,

At the halfway point of the season, I’d like to take the opportunity to provide you with an update on a number of important matters relating to our Club.

I am also conscious that it has been some time since I addressed the ASADA issue and provided an update on the status of the investigation.

As you all know, this investigation has now been running for the best part of 16 months and unfortunately there has not been any significant developments or relevant information made available to the Club in recent weeks.

Our players are still carrying the heavy burden of continued speculation in the media with no concrete timetable for the ASADA process to conclude – this has been incredibly frustrating for us all.

However, I can confirm we are exploring all legal options for our players in the unlikely event they receive show cause letters from ASADA – we make no apologies for that.

Not surprisingly certain sections of the media continue to peddle unfounded and unhelpful commentary about this issue.

An article by journalist Damian Barrett last week relating to criticism of the AFL’s decision to allow our legal fees to remain outside the salary cap was particularly disappointing. Not only were some of the comments made factually incorrect and conveniently exaggerated but the article included an unnecessary and unwarranted personal attack on James Hird.

Why shouldn’t the Essendon Football Club pay legal costs incurred in protecting its players from unsubstantiated charges? It also aligns with current practice whereby Clubs organise and pay for Player’s legal expenses when they are contesting a charge at the AFL Tribunal or appearing before the Appeals Board.

Some ten months ago, James Hird along with the Essendon Football Club and other employees accepted sanctions handed down by the AFL in connection with bringing the game into disrepute. And as a Club we look forward to welcoming James Hird back to his role as senior coach after he has served his suspension.

In the meantime, our focus remains on our players and doing everything we can to support them through this difficult period of uncertainty.

Every decision we make is made after considering the best interest of our players and the Essendon Football Club.

In recent months, we have completed a significant review of our structure and management, made changes to protocols and procedures and implemented new governance and compliance measures across our organisation. This is an ongoing process that the Club is continually modifying and reviewing to ensure best practice outcomes.

It has been and remains the intention of the Board to appoint a new CEO by the middle of this year. We have begun a process and I look forward to providing members with an announcement shortly.

Importantly, we have taken many positive steps forward this year.

Our membership has reached record levels, our sponsorship and commercial position is strong and our new facility has set the benchmark for the rest of the competition.

As a Club, we are particularly proud and privileged to be involved in ANZAC Day, Dreamtime at the G’ and Call to Arms as marquee games on the AFL calendar.

Our on field scorecard of 6 wins and 5 losses has put us in a position to challenge for the finals this year. And despite the loss of our courageous captain Jobe Watson for the next 10 weeks, I have every confidence in our team making a charge towards September action.

Finally, on behalf of the Board, I would like to personally thank you for your continued support and loyalty to our Club during this time. It goes without saying but the unwavering commitment and passion from our members is incredibly heartening for us all.

Paul Little AO

http://www.essendonfc.com.au/news/2014-06-12/open-letter-from-the-chairman

 

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Club Statement

Paul Little June 13, 2014 5:02 PM

Essendon Chairman Paul Little has made the following statement:

Today, the Board of the Essendon Football Club convened to consider the latest developments with ASADA issuing ‘Show Cause’ letters to 34 of our players from 2012.

Giving consideration to the facts as we know them – and to the events that have transpired since February last year, the Board concluded unanimously that the Club is left with no alternative but to fight to protect the reputations and livelihoods of our players.

As such, today we filed an application in the Federal Court of Australia challenging the legality of the AFL/ASADA Joint Investigative process and all that now flows from it.

This challenge on the Joint Investigation is not merely a technical matter. The Application to the Federal Court seeks to enforce the rule of law. It seeks to hold accountable a Federal Government statutory agency and its CEO.

The Club will contend the joint investigation was unlawful, that ASADA acted ultra vires and exceeded its power under its statute.

There is no power or capacity under the ASADA Act to conduct a joint investigation. There never was.

If we are right, and we believe we are, the Court will declare the investigation null and void. We will seek a permanent injunction on the use of all information collected in that investigation.

The Board does not take this decision lightly.

• We are on record as acknowledging our mistakes of the past.
• We have contemplated the impact of our actions on the broader AFL and sporting community; AND obviously
• we have assessed what is in the best interests of our players, and our Club as a whole.

We are led to believe, through media reports, that the show cause letters, outlining the allegation against each player, do not contain any evidence or particulars to support the very serious allegations against each player. After 16 months, our players are in no better position.

How can our players possibly respond to a serious allegation which was leaked through the media and then reinforced through an ASADA media blitz and grandstanding this morning - without understanding the evidence against them?

Last year, the AFL sanctioned our Club and several individuals with heavy penalties for bringing the game into disrepute.

No player was found to have been administered any banned substance, and certainly there was no firm evidence presented to us which suggested otherwise.

We accepted those sanctions, accepted responsibility, and our players paid an enormous price, missing out on the opportunity to compete in a finals series.

Not only that, our players have been forced to endure 16 months of uncertainty, breaches of confidentiality, conflicts of interest, leaks to the media, baseless allegations and indisputable reputational damage.

Despite being subjected to this unfair and unjust speculation in the court of public opinion, our players have acted with the utmost professionalism and integrity throughout this entire process.

Enough is enough. We will not be bullied and we will not allow our players to be hung out to dry any longer. They have suffered enough.

In closing, I would like to express the gratitude of the Club towards the broader AFL Community, who have been incredibly supportive of our players since this news first broke yesterday.

We do not like that another season is having the attention drawn away from the on-field action, but appreciate that the people who play in, work for, or support our great game, are united in their belief that the Club is obliged to fight for the integrity of its players.

The process undertaken by ASADA has been severely compromised from the outset - to the extent that it is impossible for natural justice to be served.

As such, we have been left with no other option than to challenge this flawed process through the courts.

It is our opinion that it was unlawful from the start and it remains unlawful today.

http://www.essendonfc.com.au/news/2014-06-13/club-statement

 

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ASADA issues show cause notices to AFL players

13 June 2014

The Australian Sports Anti-Doping Authority (ASADA) has put formal allegations of possible anti-doping rule violations to 34 current and former players from the Australian Football League (AFL).

Show cause notices were issued in accordance with the ASADA Chief Executive Officer’s responsibilities under the ASADA Act and relate to the use of a prohibited substance during the 2012 season.

ASADA Chief Executive Officer, Ben McDevitt, said his decision to issue show cause notices is based on a considerable body of evidence collected throughout the 16 month investigation.

‘Following the conclusion of joint interviews with the AFL in mid-2013, ASADA continued to accumulate evidence to establish a possible violation.

‘The investigation of these matters was a significant exercise in determining whether, under the National Anti-Doping scheme or relevant anti-doping policy of a sport, possible anti-doping rule violations had been committed.

‘Based on the advice of our legal counsel and a review of the evidence by the Hon. Garry Downes, I have reached the conclusion that these players have a case to answer under the World Anti-Doping Code.

‘When I have reached a conclusion that a possible violation has occurred, it is incumbent on me under legislation to put formal allegations to athletes and invite them to respond,’ said Mr McDevitt.

Athletes have ten days to lodge a submission in response to the show cause notices. This information along with the evidence collected by ASADA will be put to the independent Anti-Doping Rule Violation Panel for consideration.

‘Our priority is to ensure that Australian sport is clean and the health of athletes is protected.

‘As Australia’s national anti-doping organisation, we owe it to every Australian athlete that any possible instance of doping is examined. We want athletes to feel confident when they take to the arena that they are competing on a level playing field,’ Mr McDevitt said.

The Australian Government entrusts ASADA to do its job without fear or favour. This ensures Australia meets its global obligations under the United Nations Educational, Scientific and Cultural Organization (UNESCO) International Convention against Doping in Sport.

As matters remain ongoing, ASADA is unable to discuss the specifics surrounding the show cause notices.

http://www.asada.gov.au/media/organised_crime_and_drugs_in_sport.html

 

[The_Wookie]

James Hird Statement

James Hird June 14, 2014 11:29 AM


I have always believed that no player at the EFC has taken performance enhancing drugs or broken, ASADA, Wada or AFL laws.

I have been advised by my lawyers for a long time that the joint ASADA and AFL investigation was unlawful and outside the powers given to ASADA by the government.

The legal system in Australia is a fundamental foundation that our society is built on. If the legality of the joint investigation is in question it is important to me that the players and staff of the EFC are treated fairly in accordance with the laws that govern Australia.

It is for this reason that I am issuing proceedings against ASADA and seeking the joint ASADA , AFL investigation be declared unlawful.

 

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Statement from Acting 'PA CEO Ian Prendergast

“Following the serious development of players being issued show cause notices by ASADA, and the subsequent media coverage, I’d like to provide clarity around the current situation and process from here.

The players met on Monday night and were briefed by their legal team, consisting of AFL Players’ Association lawyers Bernie Shinners and Brett Murphy, in addition to Tony Hargreaves; who are jointly instructing David Grace QC and Ben Ihle of Counsel.

The players’ legal team has now written to ASADA to request an extension to the 10 day period in which they were asked to respond, and to request a copy of all documents and other materials that ASADA proposes to put to the Anti-Doping Rule Violation Panel in respect of the players.

To date, the players’ lawyers have not been provided with the evidence which would enable players to respond to the show cause notices, and their requests to be provided with this material have been refused.

The CEO of ASADA, Ben McDevitt, has publicly urged players to come forward and co-operate with ASADA, and suggested that players may be able to utilise a plea of ‘no significant fault or negligence’, and have their penalties reduced on the basis of ‘substantial assistance’.

In saying this, Mr McDevitt seems to be suggesting that players have not fully co-operated with ASADA, yet nothing could be further from the truth. The players have done nothing but cooperate with ASADA, as they were advised to do by their Association, their club, the AFL and by ASADA officials. ASADA’s investigators have praised the players, who they considered professional, co-operative and sincere in their efforts to assist the investigation.

In circumstances where not one player believes he has taken a prohibited substance, and where the players have not been provided the evidence on which ASADA relies to make this claim, why would any player consider the approach that Mr McDevitt suggests.

ASADA, as a model litigant, has a duty to provide players with the evidence to enable them to respond to the show cause notices. If it refuses to provide this information voluntarily, then the players will be forced to take legal action to ensure that ASADA complies with its model litigant obligations and acts fairly with respect to the players.

The players’ legal team will also ask ASADA to stay the show cause process, including referral of these matters to the ADRVP, until after the club’s Federal Court action has been concluded.

It is important to note that this request is not a delaying tactic – the players are, in fact, keen for this matter to be resolved, given the length of time in which this has now dragged on.

However, it makes no sense to subject players to the next stage in this process, in circumstances where the club’s legal action may subsequently render the process invalid. We therefore urge ASADA and the Club to take steps to expedite this process in the Federal Court to finalise this matter at the earliest opportunity.

Again, the players’ lawyers are yet to be provided any evidence implicating players in a breach of the AFL Anti-Doping Code. In the absence of any such evidence, questions of ‘defences’ and ‘reduced sanctions’ are premature.

Nevertheless, if the evidence does establish a breach of the code, then the steps taken by players to assure themselves that substances administered were compliant with the WADA Code must be taken into account.

The players took all reasonable steps to ensure that the substances they were to be administered were compliant with the WADA Code, and were provided with written guarantees to this effect. If it turns out that those substances were not compliant, and the players were deceived by those who they were asked to trust, they should not be punished as a result.”

 

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ASADA response to Essendon Football Club’s proposed undertakings
23 June 2014

The Australian Sports Anti-Doping Authority (ASADA) today responded to undertakings sought by the Essendon Football Club on Friday afternoon, 20 June 2014.

ASADA granted a further extension of time for each of the 34 AFL players to respond to show cause notices.

ASADA also confirmed that it had not provided any material to the independent Anti-Doping Rule Violation Panel regarding the 34 AFL players and would not do so without seven days further written notice to the players.

Essendon Football Club’s lawyers (Maurice Blackburn Lawyers) were notified early this morning of the extension. A short time after this notice was given to Maurice Blackburn, and without any further conferral with ASADA, ASADA became aware of Essendon’s application for an urgent injunction via a tweet from a principal at Maurice Blackburn.

Through its proposed undertakings, the Essendon Football Club was asking ASADA to stall its investigations and completely prevent the Authority from disclosing information in accordance with the Act.

To agree to the undertaking would have stopped ASADA performing its statutory functions until the conclusion of the Federal Court case and resulted in further delays.

The extension granted by ASADA today was a genuine attempt to seek a compromise to the undertakings sought by the Essendon Football Club and an effort to expedite matters.

ASADA believes the decision by Essendon to lodge an application for an urgent injunction is premature, given the further extension provided by ASADA today.

 

[The_Wookie]

ASADA Media Statement: Federal Court
27 June 2014

The Australian Sports Anti-Doping Authority (ASADA) welcomes today’s decision by the Federal Court to set a hearing date of 11 August.

ASADA Chief Executive Officer, Ben McDevitt said he also welcomes the judge’s decision to dismiss the injunction application lodged by the Essendon Football Club.

‘The dismissal of the injunction application ensures ASADA’s statutory functions are not subject to judicial restraint and ASADA welcomes this outcome.

‘At this point in time, I have no intention of taking any further action in relation to these particular matters prior to a decision by the trial judge.

‘ASADA looks forward to the opportunity of presenting its case to the Federal Court in August,’ said Mr McDevitt.

Essendon Statement
June 27, 2014 12:41 PM


.

Essendon Chairman Paul Little has made the following statement following today's directions hearing in the Federal Court:
We welcome today’s decision fixing an early trial date.

The case raises important issues and today represents a small but significant step towards bringing these matters to a close for our players and their families.

Today, the court did not make an interim order that would stay the operation of the show causes notices until the hearing of the case, but instead accepted that the club was sufficiently protected by an undertaking from ASADA to give the club and the players 14 days notice before taking any action on the notices.

The judge made clear that the court would be very disappointed if ASADA took any further action to upset the status quo before trial.

The court also asked all parties to give further consideration as to whether the players should be joined as necessary respondents.

We look forward to being able to present our case on 11 August and the opportunity to bring matters to a close for our players and their families as soon as possible.