Bruce Francis has replied.

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Catoggio76 said:

Francis and Australian Sports Anti-Doping Authority (Freedom of information) [2019] AATA 12 | Administrative Appeals Tribunal

<p>The applicant submitted a freedom of information application to the Australian Sports Anti-Doping Authority for certain details from the drug tests taken by players of Essendon Football Club during the 2012 supplements program controversy. The AAT affirmed the Australian Information...
www.aat.gov.au www.aat.gov.au
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The crux of the matter:

In its decision, the AAT considered five criteria provided in the FOI Guidelines issued by Information Commissioner.[5] The issue for the AAT primarily lay with two criteria; whether the information had the necessary quality of confidentiality and whether it must have been communicated and received on the basis of a mutual understanding of confidence.

The AAT concluded that it was clear that the dates had not entered into the public domain. They are not a matter of public knowledge. There are a relatively small number of people who have had access to this information, but, as will be discussed below, that access is covered by a veil of strict confidentiality born from statutory, contractual and equitable sources.

…
 
Chief said:
The crux of the matter:

In its decision, the AAT considered five criteria provided in the FOI Guidelines issued by Information Commissioner.[5] The issue for the AAT primarily lay with two criteria; whether the information had the necessary quality of confidentiality and whether it must have been communicated and received on the basis of a mutual understanding of confidence.

The AAT concluded that it was clear that the dates had not entered into the public domain. They are not a matter of public knowledge. There are a relatively small number of people who have had access to this information, but, as will be discussed below, that access is covered by a veil of strict confidentiality born from statutory, contractual and equitable sources.

…
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sosos said:
Can you give me a pay wall busting summary please?
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Former AFL chief executive Andrew Demetriou says Jobe Watson deserved to retain the 2012 Brownlow Medal stripped from him for his role in the damaging Essendon drugs saga.
And the man who led the AFL’s response to the injections regime believes the Essendon 34 were “hard done by” to be suspended by the Court of Arbitration for Sport after being found not guilty by Australia’s anti-doping body.
He denied he ever tipped off Essendon chairman David Evans about an impending Australian Crime Commission report, saying he had no knowledge of what was about to be dubbed “the darkest day in Australian sport”.
 

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Satan said:
Former AFL chief executive Andrew Demetriou says Jobe Watson deserved to retain the 2012 Brownlow Medal stripped from him for his role in the damaging Essendon drugs saga.
And the man who led the AFL’s response to the injections regime believes the Essendon 34 were “hard done by” to be suspended by the Court of Arbitration for Sport after being found not guilty by Australia’s anti-doping body.
He denied he ever tipped off Essendon chairman David Evans about an impending Australian Crime Commission report, saying he had no knowledge of what was about to be dubbed “the darkest day in Australian sport”.
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If Demetriou said it was Saturday i would double check
He has a history of being totally untrustworthy
For him it was always the money first, second and third
 
Satan said:
Former AFL chief executive Andrew Demetriou says Jobe Watson deserved to retain the 2012 Brownlow Medal stripped from him for his role in the damaging Essendon drugs saga.
And the man who led the AFL’s response to the injections regime believes the Essendon 34 were “hard done by” to be suspended by the Court of Arbitration for Sport after being found not guilty by Australia’s anti-doping body.
He denied he ever tipped off Essendon chairman David Evans about an impending Australian Crime Commission report, saying he had no knowledge of what was about to be dubbed “the darkest day in Australian sport”.
Click to expand...
That settles it then. No one’s word carries more weight than AD’s. The guy is the bastion of integrity.
 
From the JFT34 Facebook page

Mr Bruce Francis, a former Test cricketer who has been campaigning for the Essendon players to be exonerated, responded to an opinion article dated 27 May 2022 written by Andrew Webster, Chief Sports Writer, Sydney Morning Herald. (link below)
"Dear Andrew
My assessment is that you take the high morale ground more than any other journalist. Therefore, I was shocked that you denigrated James Hird today from a position of complete ignorance.
You know nothing about the Essendon saga. In contrast, I have about 30,000 pages in my files. I have spent over 20,000 hours on the saga and written about two million words.
Inter alia, I have gleaned:
For some inexplicable reason, Hird and his three assistant coaches were on a different branch of the organisation chart from the football department.
Although Hird had no power to interfere in the football department, on three occasions, he said in writing that all substances had to be WADA permitted; Dr Reid had to approve their use; the players were free to opt in or out of the programme; and if there were any evidence in the world that a substance had caused harm, it couldn’t be used.
According to my interpretation of the Victorian Occupation, Health and Safety Act, at least 30 people at the AFL and Essendon had more responsibility than Hird for the health and safety of the players.
On 2 February 2012, head of the Football Department Paul Hamilton sent an email to all relevant staff stating that everything to do with the supplementation programme had to come across his desk.
In the evidence, ASADA corruptly changed the word Thymosin to Thymosin Beta 4 on 18 occasions. As you would know, tampering with evidence carries up to a ten-year custodial sentence
The lead ASADA investigator tabled evidence that there was no evidence either Stephen Dank or Essendon ever took possession of Thymosin Beta-4.
Compounding pharmacist Nima Alavi, who was antagonistic towards Dank, gave ASADA access to all his purchases and sales records. There was no record of Alavi supplying Dank with any variety of Thymosin in 2011 or 2012. Res ipsa loquitur, if Dank didn’t take possession of Thymosin or Thymosin Beta-4, he could not have administered it to the players.
Your smart arsed comment that Hird wouldn’t be wanted because people said he couldn’t coach (he had a 48% coaching record over four years) had no validity without names of the critics. Relying on Hird’s 2015 record to besmirch him was ridiculous. They lost players and were banned from the draft.
As it transpires, Hird’s record for the first three years of his coaching was superior to super coaches Alastair Clarkson and Mark Thompson – despite those two having had the benefit of years as assistant coaches.
In his first three years, Hird secured 36 and a half wins and made the eight twice. Thompson secured 32 and a half wins and made the eight once. Clarkson secured 27 wins and made the eight once.
Andrew, Hird probably won’t get a head coaching job – not because he can’t coach, but because ignorant people such as you denigrate him.
Regards
Bruce Francis"
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I found this the other day. Did a search to see if it was linked in here but no result came up. It might be at another link.

Its Bruce's list of 34 facts and a few opinions thrown in.


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RussellEbertHandball said:
I found this the other day. Did a search to see if it was linked in here but no result came up. It might be at another link.

Its Bruce's list of 34 facts and a few opinions thrown in.


TwitLonger — When you talk too much for Twitter

TwitLonger is the easy way to post more than 140 characters to Twitter
www.twitlonger.com www.twitlonger.com
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From Bruce's diatribe;
"Another reason for Wilson’s latest sophistry...."
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Sophistry;
:the use of clever but false arguments, especially with the intention of deceiving.
:a fallacious argument.

And Bruce is calling Caro out on it. :think:
 
Bruce still having a crack - now at the AAT to get docs





A last-ditch bid to clear the names of 34 Essendon players wiped out for doping has been made in a Queensland tribunal.
The Administrative Appeals Tribunal in Brisbane is set to rule on whether a batch of secret anti-doping agency documents relating to the Bombers case will be released under Freedom of Information laws.

Sports Integrity Australia – which replaced the Australian Sports Anti-Doping Authority two years ago – is fighting to deny public access to documents presented to an independent government panel at a critical stage of the suspension process in 2014.

And the Herald Sun can reveal Essendon and the AFL have supported SIA in its attempts to prevent the release of the documents to economist and former Australian Test cricketer Bruce Francis.

“The Essendon members and general public should be enraged to know that the AFL and the club are still involved in a massive cover-up,” Francis said.

In a letter to the AAT in December 2021, former Bombers chief executive Xavier Campbell said: “In accordance with our understanding of the wishes of the vast majority of the 34 players who were issued with show cause notices, the Essendon Football Club does not consent to the disclosure of the information in the documents”.

Campbell did consent to the disclosure of information relating “solely and specifically” to Nathan Lovett-Murray – “and not to any other past or present EFC player” – because the banned Bomber had provided written consent to SIA.

AFL integrity chief Tony Keane warned in an affidavit that the AFL might need to cut ties with SIA if the documents were released.

“In my view, the AFL would likely consider withdrawing from the current agreement as it would consider that SIA is no longer capable of meeting its obligations,” Keane said.

One of late billionaire Kerry Packer’s most trusted lieutenants during the establishment of World Series Cricket, Francis, 74, has devoted 10 years to exposing “the corruption and injustice” of the Essendon drugs investigation.

The documents being sought were used as the basis of an ASADA pitch to the federal government-appointed Anti-Doping Rule Violation Panel on November 3, 2014.

The ADRVP – made up of experts in sports medicine, sports law, clinical pharmacology, ethics and investigations – was tasked with deciding whether ASADA had built a strong enough case to trigger the serving of infraction notices on the Essendon 34.

The panel agreed to place the accused players on a register of findings, leading to a hearing before an AFL anti-doping tribunal, which initially cleared them of wrongdoing.

But on January 12, 2016, the Court of Arbitration for Sport overturned the verdict on appeal to find the 34 Bombers guilty of cheating.

The CAS concluded it was comfortably satisfied that the players had been repeatedly injected with the prohibited substance Thymosin Beta-4.

Francis says the release of the ASADA documents presented to the ADRVP would reveal how “highly misleading and fabricated evidence” was used in the doping agency’s pursuit of drug convictions.

“In June 2016, I sought access to two documents – the ASADA CEO recommendation show cause pack and the notes used at the ADRVP meeting on November 3, 2014 making the case that it was possible that 34 players were administered the alleged prohibited substance Thymosin Beta-4,” Francis said.

“On three occasions ASADA told me that the CEO recommendation show cause pack didn’t exist. When I proved it did exist, ASADA released a 90 per cent redacted copy. Subsequently, ASADA acknowledged it made 150-plus mistakes with its initial redactions.

“ASADA said it couldn’t release the November 2014 presentation notes because it contained private information.”

Francis appealed to the AAT, a hearing took place in December 2021 and all parties are awaiting a decision.


Blood and urine samples taken from Essendon players during the 2012 AFL season will be destroyed after being stored for a decade in a secure Sydney laboratory.

The Australian Sports Anti-Doping Authority hoped to test the samples for traces of the banned peptide Thymosin Beta-4 as drug testing technology advanced – but laws forbid authorities from keeping the samples after 10 years.

Sports Integrity Australia, which took charge of the now defunct ASADA two years ago, confirmed samples taken from athletes can only be stored for 10 years under the World Anti-Doping Code.

The window on Essendon’s 2012 samples closed late last year.


Asked whether anti-doping authorities had been reanalysing the samples taken from Bombers players, an SIA legal spokesman said: “Sport Integrity Australia is unable to comment due to the secrecy provisions outlined in section 67 of the Sport Integrity Australia Act 2020.”

The likely destruction of the samples means it will never be known for certain whether TB4 was administered to Dons players under a program run by sports scientist Stephen Dank during the club’s ill-fated 2012 season.

The absence of a specific test to detect the presence of TB4 in athletes was a major weakness in the case against 34 Essendon players rubbed out for doping by the Court of Arbitration for Sport in 2016.
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