ASADA - from best practice to basket case

By Glenn Mitchell / Expert

It was not long ago the Australian Sports Anti-Doping Authority represented world’s best practice in the fight against performance-enhancing substances in sport. It has now become a model for how not to undertake such battles.

With reports doing the rounds that ‘show cause’ letters are imminent for as many as 40 Essendon AFL players and 17 from the NRL’s Cronulla Sharks, the glacial speed of ASADA’s investigation has been brought again into sharp focus.

On 7 February last year, the ministers for sport and home affairs fronted an explosive media conference, flanked by the CEOs of the country’s major sporting codes.

Australian sport was rocked to its foundations by allegations that a 12-month long investigation by the Australian Crime Commission – code-named Project Aperio – had unearthed evidence that organised crime was behind the increasing use of performance-enhancing drugs by “multiple athletes” and there were strong beliefs that match fixing and manipulation of betting markets were also widespread.

Former CEO of ASADA Richard Ings proclaimed it “the blackest day in Australian sport”.

Fifteen months hence, little substance has been presented to support those seismic allegations. In fact, they could presently be measured in angstrom units. The public was told that state and federal law enforcement agencies were pursuing strong leads, but those probes have produced nothing to substantiate the headline-grabbing claims from early last year.

Running parallel to the police enquiries has been the ASADA investigation into the use of banned substances. ASADA’s journey to unearth the truth has moved with the speed of molasses down a sand hill.

Since announcing investigations into several major areas of concern within the AFL and NRL we have seen the passing of an entire season for both codes and a two-month journey into the next.

ASADA’s bite thus far has been akin to a mouse with dentures.

Essendon, joint holder of the AFL’s all-time record of 16 premierships, was denied a tilt at another in 2013 following its removal from the finals series having finished the home-and-away season in seventh spot.

At the same time, the AFL Commission levied a raft of penalties against the Bombers including a 12-month suspension for coach James Hird, the loss of draft picks and a $2 million fine.

Much of the basis for those steps was predicated on an interim report from ASADA with respect to its investigations. That interim report was released in the first week of August last year.

More than nine months on, the final report is yet to reach the printers and it would take a man of greater powers than Nostradamus to predict a date.

After more than 60 weeks of investigation and interviews just one man – Canberra Raiders winger Sandor Earl – has been served an infraction notice. That occurred nine months ago, 48 hours after he allegedly made admissions about having used a banned peptide.

Incredibly, he is still waiting to find out what his penalty is.

He is currently floating like an Arthurian spirit in the mist, having been deregistered by his code without yet knowing the length of his ban.

It is unconscionable that Earl is still awaiting his official fate three quarters of a year after being handed a provisional suspension by the NRL. It is the sort of ineptitude that Australians would normally associate with other countries’ handling of doping cases.

We were always regarded as a nation with a rock-solid base in the battle against performance-enhancing substances but unfortunately the foundations now appear to comprise more talc than granite.

Australian sporting authorities have often cast aspersions on the operations of overseas anti-doping organisations. It is high time that some of them looked into a large mirror and reflected on their efforts in the past 18 months.

If they are honest with themselves, they will not like what they see. Neither does the Australian sporting public.

Here’s hoping that the Harlem Globetrotters theme doesn’t become ASADA’s anthem.

The Crowd Says:

2014-05-21T03:55:19+00:00

Doc

Guest


Just an opinion Glenn but I think the exercise of the law in relation to evidence could provide an explanation for the difference between the Saad and Sandor cases. Saad's case was determined on incontrovertable evidence (the positive test) and did not reply on Saad's admission. I believe Saad offered the defence that he inadvertently took the substance - maybe if it couldn't have been proved that he did it deliberately the sentence reduced due to mitigating circumstances, but given the two years suspension, I doubt it was taken into consideration. In Sandor's case, the evidence to determine the appropriate finding and sentence relied on Sandor's admission/confession. Admissions of guilt, unless substantiated by other evidence, may not always provide sufficient for conviction - hence ongoing investigation and the case dragging on. An admission AND a positive drug test a la Saad, may have expedited matters.

2014-05-21T02:29:02+00:00

Doc

Guest


Hardly incompetence PopeP - did you read his dummy-spit reply email to the team doctor when the latter had the outrageous temerity to suggest to Hird that what he was doing - and the whole rotten scheme - was suspect and shouldn't continue. Expert advice from a respected professional that Hird deliberately chose to ignore. That's not just an act of incompetence mate. It's much, much worse.

2014-05-15T09:49:38+00:00

fishes

Guest


'If they did nothing at all wrong then they have no reason to fear anything'. Really? why don't you read up on Salem witch hunts? This is the exact reason why most Western democracies have a Bill of Rights.

2014-05-15T02:37:29+00:00

Doug Deep

Roar Pro


Isn't it up the NRL to decide the length and severity of any bans and not ASADA?

2014-05-14T20:36:36+00:00

Cat

Roar Guru


With the prospect of ASADA action against its players looming, the news has got even worse for Essendon, with the Victorian WorkCover Authority launching an investigation into the club’s 2012 supplements program. Fairfax Media has confirmed the authority recently began its investigation into Essendon’s workplace health and safety practices after receiving a request from an external body. In a statement to Fairfax Media, a VWA spokesman said: “The VWA has been monitoring the progress of the ASADA investigation into allegations surrounding the Essendon Football Club. The VWA recently received a request under section 131 of the OHS Act 2004 to investigate alleged risks to health and safety at the club. The VWA is required to investigate and determine if further action should be taken. As this is a current investigation, the VWA is unable to comment further.” It is not known whether the request to the VWA was made by the AFL, ASADA or some other organisation or individual. -------- Finally, workcover is involved.

2014-05-14T12:26:40+00:00

Dalgety Carrington

Guest


A bit defensive there Glenn.

2014-05-14T12:23:05+00:00

Dalgety Carrington

Guest


If it's not on a banned list, then it still needs to be on the approved list for it to be legal to use. In other words if it's not listed on the approved list don't use it, simple.

2014-05-14T11:34:47+00:00

dave

Guest


Can The Dockers count all the premierships from South or East Fremantle in the WAFL towards their tally?

2014-05-14T04:25:23+00:00

Avon River

Guest


#Swampy Using Ben Cousins as an example actually illustrates what's wrong with this. The AFL illicit drugs policy was only introduced in 2005 and by any measure was in its infancy esp compared to now. Cousins won the 2005 Brownlow Medal. Played in a Gf and won his 4th club B&F. Whatever the level of AFL testing before going WADA compliant in Nov 2005 it hadn't detected him nor as you suggest the NRL with Johns. Since then the AFL has been the biggest paying customer for ASADA/WADA testing as well as running what is now a far improved illicit drugs policy. And all that exercise has illustrated is the futility of it all. Such that the AFL now will use the cheaper Dorevitch Pathology for testing and refer suspicious cases to the more expensive WADA accredited labs. The Govt of course pays for testing for Olympic sports and so they are subsidised by paying customers in the AFL & NRL. The new ASADA boss sounded so strong when he stated they'd rely more on 'intelligence' than testing results moving forward but anyone following this pretty well knows that position is all that is available to them. He did well to make it sound like tough talk. The danger for Ess and Cronulla though is whether even with no positive tests that ALL players can be hit under a reasonable suspicion of some use even if they expressly signed on to not do so.

2014-05-13T15:27:45+00:00

Maggie

Guest


Your claim that the ACC report has been taken off their website is incorrect. See: https://www.crimecommission.gov.au/sites/default/files/organised-crime-and-drugs-in-sports-feb2013.pdf

2014-05-13T12:53:36+00:00

Mister Football

Roar Guru


I'm just looking at a repeat of Offsiders from last Sunday. Saw the sound and vision of the current Minister, Peter Dutton, referring to the political grandstanding of the blackest day in Australian sport from 15 months ago, saying straight out that both the ACC and ASADA were used by the previous government for political purposes, wheeled out to support a highly politicised act (and when you read the ACC report, it's so incoherent and lacking in focus that it has quite clearly been subject to political interference). Waheed Aly made the point that ASADA's incompetence has continued well into the current government's reign, so it can't all be sheeted home to the previous government. Everyone appeared to agree that Andruska should have been sacked last year. But what does it all mean for the present investigation? Basically, if the incompetent ASADA tries to push this through, the players involved will have plenty of grounds for appeal to keep it ticking through the AAT and Federal Court until well after they have retired - their case being like swiss cheese - their adherence to process (or non-adherence) having broken every rule in the book.

2014-05-13T12:50:25+00:00

Bunny Boy Marty

Guest


The minister going off like a flare on the day Eddie Obeid fronted the royal commission in Sydney compromised the investigation. -- Comment from The Roar's iPhone app.

2014-05-13T12:00:23+00:00

Axle an the guru

Guest


I didnt think id ever agree with you Simoc, but miracles do happen . I couldn't agree with you more.

2014-05-13T10:44:02+00:00

Paul Nicholls

Roar Guru


Fit young athletes receiving regular injections - whether legal or illegal substances is a very bad look. The drawn out investigation is fitting punishment in my book.

2014-05-13T10:19:54+00:00

Mister Football

Roar Guru


Substances prohibited under the WADA Code are not necessarily illegal in broader society - and thus the question marks as to why a body set up to investigate crime would investigate something which does not constitute a criminal offence. Therefore, the arrests you are breathlessly trying to impress us with quite clearly cannot be in relation to these substances, because they are not illegal as such. In terms of the influence of the ACC report, I quote: “There are no active criminal investigations into allegations raised by the Australian Crime Commission's year-long examination of organised crime and drugs in sport despite state-based police having been aware of its findings for the past five months,” reported the Australian after the ACC report was released.

2014-05-13T10:14:03+00:00

Fussball ist unser leben

Roar Guru


@Mister Football Have you done any background reading on this issue? IF you had followed this issue from the start you would be aware that: The substances Essendon & Cronulla are alleged to have taken are imported, distributed, supplied, sold & trafficked by the same criminal organisations that import, distribute, supply, sell & traffic illegal drugs. Organised crime control the supply of PEDs. That's how the AFL & NRL guys were caught in the web. They were caught when the ACC were monitoring organised crime figures. They were not the original targets of the ACC surveillance, but certain AFL & NRL names kept popping making phone calls & SMS messages to organised criminals. The evidence is already available. Unfortunately, the nature of the way the ACC gathers evidence through coercive & covert operations means the evidence that it gathers is not admissible in court proceedings - it cannot be used by ASADA & it cannot be used by law enforcement to bring criminal charges.

2014-05-13T09:55:03+00:00

Mister Football

Roar Guru


The substances Essendon and Cronulla may or may not have taken are not prohibited by law, and thus the doubts many commentators have expressed about the legitimacy of the ACC looking at it in the first place.

2014-05-13T09:40:22+00:00

Fussball ist unser leben

Roar Guru


"Two years after the ACC’s investigation, neither of the AFP or state policing authorities have followed up – such was the quality of their initial investigation and report. ..absolutely nought has come of it." You really ought to keep up with the news. There have been numerous arrests, charges & convictions based on data gathered by the ACC. In particular, major players at high-profile outlaw motorcycle gangs are behind bars, or awaiting trial. In the past 5 months, AFP & Customs have seized some of the biggest hauls of ecstasy, Ice, cocaine, marijuana & heroin that were being imported into AUS. You're kidding if you think nothing has happened ... just because a couple of blokes from AFL & NRL haven't been charged by ASADA!!

2014-05-13T09:37:37+00:00

Shakemyhead

Guest


So it was Gillard who oversaw the needle/drug regime at Essendon and shredded whatever records that were kept. All is forgiven James, come home!!!

2014-05-13T09:37:01+00:00

Mister Football

Roar Guru


Sorry micka - doesn't cut any ice with me. ASADA had Sandor Earl signed, sealed and delivered - full confession - corroborating evidence - all ASADA had to do was hand the evidence over to the Anti-Doping Rules Violation Panel as a lay down misère - quick meeting and name entered in the Register of Findings - could have been done inside one working day with no problem at all - but what do we have 9 months on? No action. Quite seriously - no action.

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