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All 34 players who were suspended by the Court of Arbitration over the Essendon supplements saga will appeal their bans, with AFL Players’ Association CEO Paul Marsh saying the players wanted to clear their names.
The appeal will be filed with the Swiss Federal Supreme Court later today.
“The appeal has been made on the grounds that the CAS erred in determining that the World Anti-Doping Agency appeal should be conducted as a de novo hearing,” Marsh said.
“That is, WADA should only have been allowed to appeal the unanimous decision of the AFL Anti-Doping Tribunal on grounds of either legal error or that it was grossly unreasonable.”
Marsh clarified that the bans will continue to be in effect while the appeals process takes place, and Essendon chairman Lindsay Tanner said that it could be months until the Swiss Federal Supreme Court hands down a ruling.
“We feel it’s the right thing to do,” Tanner said. “It’s obviously very important to the players to clear their name, if at all possible.
“What these players now face is having a slur on their name, an extremely unfair slur.”
Statement from AFLPA CEO Paul Marsh
“The AFL Players’ Association can confirm that all 34 current and past Essendon players have instructed lawyers to file an appeal against the CAS decision handed down on Tuesday 12th January.“The appeal papers will be lodged with the Swiss Federal Supreme Court later today.
“The players have decided to exercise their legal right to an appeal in an endeavour to clear their name and ensure that a just outcome is achieved.
“The decision to appeal was a decision for each individual player alone having regard for their own circumstances.
“The appeal has been made on the ground that the CAS erred in determining that the WADA appeal should be conducted as a de novo hearing. That is, WADA should only have been allowed to appeal the unanimous decision of the AFL Anti-Doping Tribunal on grounds of either legal error or that it was grossly unreasonable.
“It’s important to note that the players have not sought an injunction to cause a stay of the CAS decision, meaning they will remain suspended until the Swiss Federal Supreme Court has considered and determined this matter. The appeal is not about an immediate return to football for the players involved, but rather it is about obtaining a just outcome and clearing their name.
“We expect to be advised by the Court on the next procedural steps, including key timings involved in the appeal process.”
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