Mega Thread Anti doping Tribunal Hearings - Verdict to be delivered March 31st, 2pm, Docklands. Closed hearing

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The_Wookie

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Please note that while there wont be a Live discussion thread due to the Private hearings declared by the league - no media or twitter feeds can be expected - we will do our best to summarise information as it comes to hand from the hearings.

Mod Warning: This thread will be heavily moderated as needed. Trolls, Shill accusers and Spammers will be carded, per the warning from grizzlym. Please avail yourselves of the report and ignore function as required.

General Information
  • Start: 10am, Monday December 15th. The hearing begins at 10am today. The tribunal will sit again on Thursday and Friday and then resume on January 12 after the Christmas break. In all, the tribunal is expected to sit for about three weeks.
  • Location: County Court, William Street, Melbourne
The Anti Doping Tribunal
  • David Jones AM - Served 25 years as a County Court Judge and current head of the AFL Tribunal. Played some reserves football for Fitzroy. Currently appointed to the Victorian Law Reform Commission, and formerly Victorian Special Investigations Monitor and served on the Committee that investigated Federal Counter-Terrorism Legislation.
  • John Nixon - Severed 23 years as a County Court Judge. Currently appointed to the Victorian Racing Board and chairperson of the panel of legal aid Independent Reviewers. He is currently a senior sessional member of the Victorian Civil and Administrative Tribunal.
  • Wayne Henwood - Barrister and former VFL, SANFL and WAFL Footballer (in the 80s). He played at South Fremantle in the WAFL from 1981 to 1984, representing WA as a Centre Half Forward, before moving to SA where he transferred to Glenelg for their back to back premierships in 1985 and 1986, before going to the VFL and Sydney where he played 79 games from 1987 to 1991. He played 1 game for Melbourne in 1992. He's been a Barrister since 2005, and member of the AFL Tribunal since 2007.
The Hearings

Hearings are held under Section 16 of the AFL Anti Doping Code.

16. NATURE OF HEARING

(Clause 16.1 does not apply as there has been no testing and no resultant Adverse Analytical Finding)

16.2 An entry on the Register of Findings by ASADA under the ASADA Act will be recognised by the Tribunal as proof, and without the need for further enquiry, that the applicable procedures have been observed.

16.3 A Person may appear in Person or by a Players’ Advocate, an Officer of a Club appointed according to the AFL Player Rules or a Legal Practitioner. The AFL may be represented by a Reporting Officer or Legal Practitioner. The costs and expenses of any such advocate (including a Legal Practitioner) will be borne by the Person on whose behalf they appear. The costs and expenses of any Official of a Club or Officer in attending a hearing of the Tribuna l will be borne by the relevant Club even if such attendance was at the request or direction of the AFL.

16.4 All hearings before the Tribunal in relation to this Code will be conducted in private unless otherwise authorised by the AFL General Manager - Football Operations.

16.5 All hearings and appeals conducted will respect in principle the rules applicable to the AFL Tribunal and AFL Appeals Board.

16.6 If a Player or other Person retires while a result management process is underway, the AFL retains the jurisdiction to complete its results management process. If the Player or other Person retires before any results management process has begun, the AFL will have jurisdiction to conduct results management.
Burden of Proof

15.1 Burden and Standard of Proof AFL shall have the burden of establishing that an Anti Doping Rule Violation has occurred. The standard of proof shall be whether AFL has established an Anti Doping Rule Violation to the comfortable satisfaction of CAS or the Tribunal bearing in mind the seriousness of the allegation which is made. This standard of proof in all cases is greater than a mere balance of probability, but less than proof beyond a reasonable doubt. Where this Code places the burden of proof upon the Player or other Person alleged to have committed an Anti Doping Rule Violation to rebut a presumption or establish specified facts or circumstances, the standard of proof shall be by a balance of probability, except as provided in Clauses 14.3 and 14.5 where the Player must satisfy a higher burden of proof.
Closed hearing

The Hearings are closed. In his ruling, David Jones says that the players have an expectation of privacy, and that the evidence to be submitted will likely have been obtained using the NAD Scheme which mandates privacy as well. Full reasoning is here.

References
Media Coverage
Day 1: AFL Communications

Patrick Keane @AFL_PKeane · 3m3 minutes ago
AFL advises hearing of alleged breach of AFL Anti-Doping Code by 34 current/former players, 1 support person began today at Vic County Court

Following discussion on various procedural matters, Mr Holmes QC commenced his opening submissions on behalf of ASADA.

It is expected that the opening submissions of ASADA will continue on Thursday and Friday when the hearing resumes. end statement.
Paul Little has told the Essendon AGM that club officials havent been allowed to the hearings


The Red Sash @The_Red_Sash · 7h 7 hours ago
Paul Little tells the members that no Essendon Club officials are allowed to attend the ADV tribunal hearing. #AGM
Relevant Day 1 Media
Carlton Football Club Statement

Dear Carlton supporters,

We believe it is important for you that we clarify the facts in relation to a newspaper report today.

The Australian newspaper linked Carlton and a former employee to the ASADA case. The AFL has confirmed that it does not have any issue with the Carlton Football Club in relation to this matter.

The Australian did not contact the Club for comment before printing this story.

At the time that allegations were first aired against Essendon, Carlton instigated a thorough review of its high performance program. The results of this review were independently verified and showed that there were zero grounds for concern.

Steven Trigg
CEO
Day 2 AFL Statements
Patrick Keane @AFL_PKeane ·
AFL Anti-Doping Tribunal continued hearing today of past, present Essendon players & former employee who have been issued Infraction Notices
ASADA representative Mr Holmes QC continued opening submissions to detail evidence in ASADA's case against the 34 players & support person.

Tribunal also heard an application by legal representative of Essendon FC for him to be present and represent the club in the proceeding.

On considering various submissions & a previous decision for hearing to be private, Tribunal refused the request from Essendon lawyer. ends
Day 2 Media

Day 3 AFL Statements
Patrick Keane @AFL_PKeane ·
AFL Anti-Doping Tribunal had 3rd day hearing today of past,present Essendon players &former employee who have been issued Infraction Notices

Mr Holmes QC continued his submissions on behalf of ASADA. He will continue to detail evidence in ASADA case when hearing resumes on Jan 12.

Day 3 Media

Day 4, Jan 12th AFL Statement

Patrick Keane @AFL_PKeane
  • AFL Anti-Doping Tribunal resumed hearing today of cases of past & present Essendon FC players & a former employee with Infraction Notices.
  • Mr Holmes QC, for ASADA, called a medical specialist to give evidence relating to substances which are subject matter of infraction notices.
  • The witness was then cross examined by counsel for the players. The hearing will continue tomorrow. Ends statement from chair David Jones.
Day 4 Media
Day 5, January 13th AFL Statement


Patrick Keane @AFL_PKeane
  • AFL Anti-Doping Tribunal continued hearing today of past, present Essendon FC players & ex employee who have been issued Infraction Notices.
  • Mr Holmes QC, for ASADA,continued opening submissions based on various text messages, emails, transcripts produced as part of investigation.
  • The hearing resumes tomorrow. End of Statement from Tribunal Chairman.
media
Day 6, january 14th - AFL Statement and Media

Patrick Keane ‏@AFL_PKeane
  • AFL Anti-Doping Tribunal continued hearing day 6 of past, present Essendon FC players & ex employee who have been issued Infraction Notices.
  • Mr Holmes QC, on behalf of ASADA, called upon a further medical specialist to give evidence. Mr Holmes QC concluded his opening submissions.
  • The hearing will continue tomorrow. End of Statement from the Anti-Doping Tribunal Chairman.
Day 7, January 15th - AFL Statement and media

Patrick Keane @AFL_PKeane
  • AFL Anti-Doping Tribunal sat briefly this morning to discuss a number of procedural issues. Hearing has been adjourned until Tuesday Jan 20.
Day 8, January 20th - AFL Statement and Media

Patrick Keane @AFL_PKeane · 2m 2 minutes ago
  • AFL Anti-Doping Tribunal cont. hearing today of past, present Essendon FC players & former employee who have been issued Infraction Notices.
  • The tribunal heard opening submissions by Mr Neil Clelland QC on behalf of two former Essendon players.
  • The tribunal then heard opening submissions by Mr David Grace QC on behalf of the remaining 32 current and former Essendon players.
  • Following opening submissions of players,Tribunal heard submissions from parties on admissibility of certain evidence.Hearing continues tmrw
Day 9, January 21 - AFL Statement and Media

Patrick Keane @AFL_PKeane
AFL Anti-Doping Tribunal cont. hearing of past, present Essendon FC players & former employee who have been issued Infraction Notices today.
Tribunal heard evidence from 2 medical specialists, one called by Mr Holmes QC for ASADA, and one called by Mr David Grace QC for players.
The medical specialists gave evidence in relation to a number of substances which are subject of Infraction Notices. Hearing resumes tmrw.

Day 10, January 22 - AFL Statement and Media


Patrick Keane @AFL_PKeane
AFL Anti-Doping Tribunal today cont. hearing of past, present Essendon FC players & former employee who have been issued Infraction Notices.
Tribunal continued to hear submissions from parties on admissibility of certain evidence to be considered by Tribunal.Hearing continues tmrw

Day 11, January 23 - AFL Statement


Patrick Keane @AFL_PKeane
AFL Anti-Doping Tribunal cont. hearing today of past, present Essendon FC players & former employee who have been issued Infraction Notices.
Tribunal heard further submissions from parties on admissibility of certain evidence to be considered by Tribunal.Hearing continues Tuesday.
Day 12, January 27 - AFL Statement

Patrick Keane @AFL_PKeane
AFL Anti-Doping Tribunal hearing cont. today of past, present Essendon FC players & former employee who have been issued Infraction Notices.
The parties concluded their submissions on admissibility of certain evidence to be considered by the Tribunal. Hearing continues tmrw. Ends
Day 13, January 29 - AFL Statement
https://twitter.com/AFL_PKeane

AFL Anti-Doping Tribunal hearing cont. today of past, present Essendon FC players & former employee who have been issued Infraction Notices.

Following timetable now runs:
  • 1. ASADA to file written closing submissions by 5 Feb
  • 2. Players to file written closing submissions by 12 Feb
  • 3. AFL to file written closing submissions by 13 Feb
  • 4. Tribunal resumes 16 Feb to hear oral closing submissions from all parties.
  • Tribunal to be adjourned approx 18 Feb to consider its decision as to whether a breach of AFL Anti-Doping Code occurred in these matters.
  • Should any player or former Essendon employee be found to have breached the AFL Anti-Doping Code, a hearing as to sanction will follow.
The Tribunal is now adjourned until 16 February 2015. End of Statement from Anti-Doping Tribunal Chairman David Jones.
Day 14, AFL Statement/Media

http://www.afl.com.au/news/2015-02-16/asada-closes-its-case-

ESSENDON players facing infraction notices moved a step closer to learning their fate after the AFL Anti-Doping Tribunal resumed on Monday to hear closing submissions.

The Australian Sports Anti-Doping Authority, which lodged its written closing submissions last week, officially closed its case on Monday.

The Tribunal will resume on Tuesday to hear the closing submissions of the 34 past and present Essendon players handed infraction notices, and the AFL.

All oral closing submissions are due to be heard by Wednesday, at which point the Tribunal will adjourn to consider its decision.

There is no timetable for the Tribunal to make its ruling, meaning the players are likely to be left in the dark during the NAB Challenge, which they have not sought clearance to play in.
Day 15, AFL Statement/Media

http://www.afl.com.au/news/2015-02-17/bombers-close-their-case

ESSENDON players handed infraction notices have closed their case at the AFL Anti-Doping Tribunal and now face a nervous wait as the panel prepares to deliver its ruling.

The case of 34 past and present Bombers players concluded on Tuesday at the Victorian County Court after all parties delivered their oral closing submissions one day ahead of schedule.

The Australian Sports Anti-Doping Authority officially closed its case on Monday, with the players and AFL returning to deliver their closing submissions on Tuesday.

The Tribunal will now consider the evidence and submissions before deciding if there was a breach of the AFL Anti-Doping Code during the Bombers' 2012 supplements program.

There is no timetable for the Tribunal to make its ruling, meaning the players are likely to be left in the dark during the NAB Challenge, which they have not sought clearance to play in.

Should any of the current and former Essendon players or the former Essendon employee handed infraction notices be found to have breached the AFL Anti-Doping Code, a hearing would follow to set a sanction.

The prospect of further legal challenges following a finding makes it possible for the players to remain in limbo going into the 2015 season, which launches on April 2.

David Grace QC has represented 32 current and former players, with Neil Clelland QC representing two former Essendon players separately.

ASADA has been represented by Malcolm Holmes QC.

The hearing is being held behind closed doors at the Victorian County Court after a ruling by Tribunal chairman David Jones.
Verdict date: march 31st
http://www.afl.com.au/news/2015-03-13/dday-for-bombers-on-march-31

Patrick Keane @AFL_PKeane · 5h 5 hours ago
AFL Anti-Doping Tribunal Chair David Jones has today advised AFL it will hand down its decision on 34 past/present Ess players on March 31.
Verdict delivery details
THE AFL Anti-Doping Tribunal will convene at Etihad Stadium next Tuesday at 2pm to decide the fate of 34 past and present Essendon players.

Western Bulldogs president Peter Gordon revealed the plans on Friday morning, saying a room at Etihad Stadium had been booked for the Tribunal to hand down its decision due to courtroom availability.

A judgement will be handed down and reasons will be relayed to the players, who won't be present but will have access to a live feed.

Gordon said the public would be made aware of the decision and the Tribunal's justification later on Tuesday evening.

"It might take some time to come out if they need to agree on which parts are necessary to protect player privacy," Gordon said on ABC radio.

"I'm glad that we're actually going to get reasons for judgement.

"It's dominated the media and indeed the industry for two years now.

"I think it's as likely as not, indeed possibly the most likely outcome that the case is not proven against the players.

"There are many other stakeholders and people are looking to the court for some direction as to the role of many other people in this."
ref: http://www.afl.com.au/news/2015-03-27/time-for-dons-verdict
 
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ajs_bigfooty

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And so the circus continues. ASADA has not gathered any direct evidence that Ess players were injected with TB4. Its own investigators recommended the case be dropped.
 

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Kangaroos4eva

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D-Day is an appropriate title, though this is going to drag out for a little while, we are not going to see the end of this for a while. Those expecting ASADA's or Essendon's case to fold within the first few days are absolutely deluding themselves. Hopefully the truth comes out either way and l can go back to having a chip on my shoulder as a North supporter.
 

Womble

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Procedural question - is it too late to do a deal?

Can a player, or their lawyer on their behalf, walk in today - plead guilty and ask for a lesser penalty?

Or do they just have to wait until it's all heard and cop whatever the ruling is??
 

Gigantor

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Procedural question - is it too late to do a deal?

Can a player, or their lawyer on their behalf, walk in today - plead guilty and ask for a lesser penalty?

Or do they just have to wait until it's all heard and cop whatever the ruling is??
At no stage have the players given any indication that they would entertain deals, and they' have to be suffering a bout of simultaneous concussion to agree to any deal now with the ASADA case stumbling along to its logical conclusion.
 

compact72

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At no stage have the players given any indication that they would entertain deals, and they' have to be suffering a bout of simultaneous concussion to agree to any deal now with the ASADA case stumbling along to its logical conclusion.
He didn't ask for your usual rant on their evidence or deals.

He asked a sensible question, which I'm not sure of the answers too.
 

Vindicater

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Procedural question - is it too late to do a deal?

Can a player, or their lawyer on their behalf, walk in today - plead guilty and ask for a lesser penalty?

Or do they just have to wait until it's all heard and cop whatever the ruling is??
I would think the answer is no.

It is too late now.

Both ASADA and Essendon are now all in and waiting for the river to see who takes the pot.
 

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Gigantor

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Some tweets coming through that ASADA have asked for an adjournment.

Not sure of credibility of tweets (since it involves everyone's favourite person).
 

rose jam

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I heard Chip Le Grands summary of the evidence that is known this morning (missed the other half of his time on SEN) however based on what he summarised there is no doubt whatsoever taht Dank injected TB4 and knew it to be illegal, that part of it seems pretty cut and dry.
I can see why ASADA want Charter and Alavi up on stand because they'd basically confirm that it was TB4 which ASADA would want as a rubber stamp to their case, however it's pretty clear from Le Grand's understanding that once Dank was under suspicion from the ACC all the deflection from Dank started trying to confuse everyone else to protect himself.
 

Evo47

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I would think the answer is no.

It is too late now.

Both ASADA and Essendon are now all in and waiting for the river to see who takes the pot.
Interesting analogy... Both sides stand to loose a lot but as for really winning anything. I don't think so...

Reputation of both sides is in tatters regardless....
 

Kangaroos4eva

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Curious to know whether they'll (tribunal or parties involved) will release any statements today or over the course of the hearings before they end and deliberate.
 

imperial_oz

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Curious to know whether they'll (tribunal or parties involved) will release any statements today or over the course of the hearings before they end and deliberate.
At a guess, they won't say anything until they release their decision and the reasons for that decision. I can't see the tribunal entertaining the idea of a running commentary especially as its a closed hearing.

Edit: I think the tribunal will say the same thing to the participants but that may not stop 'off the record' comments being passed to tame media outlets
 
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