Those bemoaning the 16 months it took ASADA to investigate and subsequently issue show cause notices to players at the Essendon Football Club need to spend some time looking at other high-profile overseas doping cases.
In the past 15-odd years we have seen a dramatic change to the most efficient way of exposing doping athletes and unscrupulous medicos, sports scientists and coaches.
Catching an athlete through drug testing is somewhat of a rarity these days.
The majority of doping infractions nowadays – especially in the case of high profile athletes and their support staff – are as a result of investigations by police, customs and anti-doping agencies rather than simply acting on the results of a positive test.
It actually stands to reason that this is the norm. Any well-organised and funded doping operation is likely sophisticated enough to evade a positive drug test. Hence, a positive test to a PED is often no longer the starting point for the likes of ASADA and its American counterpart, USADA, when it comes to unearthing improprieties with respect to doping.
And by their very nature such investigations take time, often plenty of time.
Let’s have a look at some of the major doping scandals of the past decade-and-a-half.
One of the most highly publicised was the inquiry into the operations of the Bay Area Laboratory Co-Operative (BALCO), the San Francisco-based Victor Conte-owned company.
A US Federal Government inquiry was launched into the operations at BALCO in 2002, with USADA commencing its own inquiry in 2003. Two of the central characters in these probes were Olympic gold medallist Marion Jones and Barry Bonds, the holder of the records for most Major League Baseball home runs in both a career and a single season.
Jones, who won five medals at the Sydney Olympics, was an early target of the investigators but with no positive drug tests, catching her out took a while. In December 2004, Conte appeared in a TV interview where he admitted to supplying Jones with five different PEDs during and after the Sydney Games. The probes then went into overdrive as they looked to unearth the truth about her sporting prowess.
She was called to give evidence before two grand juries.
After three years of investigations, Jones performed a mea culpa on the steps of a courthouse in which she was about to be charged with perjury over her previous testimonies. She was subsequently hit with a jail term and stripped of her medals, but it took the investigators more than three years of solid work to bring her undone.
Bonds was first investigated by the grand jury looking into the BALCO scandal in December 2003. He had been in retirement for two months in November 2007 when he also was charged with perjury and obstructing justice. He finally went to trial in March 2011 and was convicted the following month.
His demise came after an almost eight-year investigation.
Operación Puerto was a Spanish investigation into the practices of sports physician Eufemiano Fuentes, primarily in professional cycling. It was launched by Spanish police in April 2004 and carried out in concert with the country’s anti-doping authority.
Fuentes was eventually arrested in May 2006 – 25 months after the probe began. His trial commenced in January 2013 and he was handed a suspended one-year jail term three months later, and banned from working with athletes – just shy of nine years after the investigation into his practices was launched.
Along the way his blood doping operations saw suspensions handed to 1997 Tour de France winner Jan Ullrich in 2012 – six years after he actually retired – with many of his results expunged from the history books.
Former world number one Alejandro Valverde received a two-year ban in May 2010, having been first linked to Fuentes as a result of DNA testing of blood bags three years earlier.
In July 1998, the Tour de France was thrown into farce when Willy Voet, the soigneur for the Festina team, was stopped at a customs check on the France-Belgium border and found to have a veritable pharmacy – including EPO, human growth hormone and anabolic steroids – in the team car he was driving.
One of the biggest names in the Festina squad was Richard Virenque, who won the King of the Mountains’ polka dot jersey at the Tour de France a record seven times. He finally admitted to doping at a trial held in Lille in October 2000 and was hit with a 9-month ban – 25 months after the Festina scandal broke.
Then of course there is Lance Armstrong.
The man who stated ad nauseam that because he never failed a doping test he could not have been a drug cheat was finally handed a life ban in October 2012 following an investigation by USADA.
That probe came after US federal prosecutors terminated their two-year probe into Armstrong’s alleged drug use in February 2012.
All these cases took many years to reach a conclusion and without any official positive doping tests they all required thorough, time-consuming investigations.
Yes, ASADA has made life difficult for itself during its probe into the scandal at the Bombers. However, in the end, we need to understand that investigations like these are very seldom cut-and-dry, and almost never finalised quickly.
It is also worth remembering that the starting point for any players at Essendon – or indeed Cronulla in the NRL – who are found guilty of doping is a two-year ban in accordance with the WADA Code. That sort of suspension is tantamount to a life ban in competitions like the AFL and NRL.
While serving such a suspension, players cannot play their respective codes at any level whatsoever. It is hard to imagine that many of them would return to AFL and NRL ranks after a two-year period where they did not play the sport at all.
So, when you look at it like that, haste with respect to an investigation of that gravity is not wise – especially in Essendon’s case where you are investigating the actions of up to 45 players along with myriad support staff and club officials, and doing so with a small team of investigators who have other ongoing doping cases to deal with as well.
All sports fans – as highlighted by these cases in Australia and those of recent times overseas – will need to develop patience.
In this fast-food world we all want instant answers. However with respect to probes like BALCO, Festina, Operación Puerto and our own into the Essendon and Cronulla football clubs, speedy resolutions are never going to be the norm.
Mikey
Guest
You need to bear in mind that Gordon has a vested interest in having the notices withdrawn - his club have a player on its list that was part of the programme at EFC. So despite he saying his comments were made in his capacity as a lawyer and not a club president - his comments can't be viewed as being completely objective.
Bobbo7
Guest
Pro Essendon propaganda. No mention that a Essendon failed its own players and fans. This is not clarity. Whatever happens here Hird has to go. If he stays Essendon will continue to be associated with drugs
Alex L
Roar Rookie
Investigations take time, yes, but if you make it public then it's not just an investigation at that point, it's a media circus -- and it's unreasonable to have a circus in town for 2 years.
Aransan
Guest
Dougie, good comment. ASADA has obviously been under resourced and I think one of their biggest problems has been a lack of access to a high level of legal advice. It seems that they have only been recently advised that any action regarding AOD-9604 was highly likely to fail, this advice could have been given to them at a much earlier stage in the proceedings. It has been manifestly unfair to the players that this uncertainty has been allowed to continue so long and even a Brownlow Medal hung in the balance. I have very strong doubts that their most recent action in issuing 34 show cause letters has been subjected to a good level of legal advice. ASADA's best hope may be that Essendon's Federal Court action will terminate proceedings, this may give the appearance that their performance has been better than it actually was. But I agree with your comment that they have been under resourced from the beginning and it has been unfair to that organisation that they weren't given the resources to accomplish the task that they were required to perform.
Pumping Dougie
Guest
Great research Glenn and fair points all, except that ASADA should have been given sufficient resources to conduct the investigation professionally and expeditiously, in the interests of all parties, including the public. The Australian Government kick-started the public investigation with a media conference in Canberra, attended by all the code chiefs. If the Australian Government felt so seriously that there was a case to answer from the outset, then common business sense would suggest they should have granted an immediate increase in funds to provide the necessary resources. And there has been plenty of time to correct this mistake. The Government deserves blame for ASADA's slow progress.
Lazza
Guest
We'll agree to disagree Bob. I don't think the advantages of doping in Football are worth the risk. You may get a bit more endurance, run a bit faster but neither of those things will make you a better Footballer. If you've got the talent and skill it doesn't matter if other players are bit more athletic than you. Does it happen in Football? With 300 million players then it would be naive not to think there would be a few. I'd suggest it would be the less talented players trying to get an advantage rather than the stars.
Brian
Guest
Back out of what? Drop the notices? Not going to happen - the only way this is going to be resolved is if the court shuts it down or it goes through the full process.
Bob
Guest
I agree absolutely Lazza - not every track and field athlete is doping, not every soccer player is doping, not every tennis player is doping, not every cyclist is doping and not every Australian rules footballer is doping. Sometimes it is annoying when you are on the receiving end - http://www.dailymail.co.uk/sport/football/article-1390382/Diego-Maradona-claims-Argentina-took-drugs-1994-World-Cup-qualifier.html But then you find out Australian sportsmen have been doping (eg Stuart O'Grady) and you realise that it is part and parcel of professional sport and that no country is untouched. I think your rationale re:money deterring drug use is fundamentally flawed. The risk reward calculation for drug use in soccer is heavily skewed towards drugs. The payoff is massive (hundreds of millions of dollars) and the risk of being caught is very low (particularly if it is carefully regulated by a club (or a country) or contractor ala the allegations against Essendon). The new measures now being brought in by FIFA may help deter future drug use, however we know even those measures haven't been completely successful in cycling. I like your attitude though - acknowledgment that it is happening however if you get caught then you get punished to the fullest extent possible. I'll be watching the outcome of this Essendon doping saga with interest.
Aransan
Guest
But how can ASADA back out of this without looking foolish?
Pope Paul VII
Guest
The good judge might determine that the investigation, while a bit clumsy, harmed no one, and is therefore valid. Afterall Essendon are trying to avoid judgement. Judges love judgement.
Brian
Guest
I want to know what the Federal Court judge who will hear the matter has to say!!!!
Mister Football
Roar Guru
Just noticed this tweet earlier today: Peter Gordon says Asada should withdraw show-cause notices. Abuse of process, he argues. Peter Gordon knows a thing or two about litigation and arguing abuses of process in court. It's also worth noting that when the 17 clubs got together last year to urge the bombers to accept a whack from the AFL, he was the spokesman. At this juncture, if he thinks there is a case to argue abuse of process, he'd be stating that as his professional opinion, and not as some sort of wishful thinking.
Mister Football
Roar Guru
Bobbo Have you had a look through the evidence have you?
Lazza
Guest
That's a hell of a risk to take when you're earning 10, 20 or 50 million bucks per year. Look at my earlier post about accusing other nations of cheating without proof? I don't really care what goes on in other countries anyway. If it's proven they're cheating then they deserve everything they get. As long as our boys are clean then that's the important thing. The world of Football is huge so what happens in 1 or 2 countries isn't a reflection of the whole sport.
sonofsheeds
Guest
Dear Mic, We may all say we are looking for the truth but I think that what most people like yourself are looking for is a confirmation that what you believe is right. You are not participating in the spirit of the discussion by making such comments. Being able to appreciate and respond to opposing arguments could lead to that person to change their mind- that's the spirit!
sonofsheeds
Guest
Some clarity hear: http://www.theage.com.au/afl/afl-news/essendon-players-the-pawns-in-a-game-of-double-jeopardy-20140618-zsdq1.html
Ian Whitchurch
Guest
Lazza, Tiki-taka demands an obscene number of repeat sprints, which requires a superhuman amount of endurance. Growth promotants allow plpayers to recover faster, which allows higher training loads.
Ian Whitchurch
Guest
WADA did get involved. Unfortunatly, they lost the court case and the good doctor was allowed to destroy the evidence.
vocans
Guest
Rumpy, your point on behalf of fans is timely. All of us are to our varying degrees deeply disturbed by what we're witnessing. How did all this happen? An ambitious business (the AFL with the Bombers at the pointy end) started convincing itself that where there's a will there's a way, no matter how close to, or beyond, the wind it takes you. In short, arrogance and rationalization. Most fans often feel manipulated along a willed way by the AFL and the media that feed off it - they're not wrong. Big egos tend to take over and people like Dank have huge ones and know how to feed those off others. Big egos rationalize their actions so that they're always in the right as far as they're concerned. Smaller egos take a while to wake up to the self-delusions at the core of big egos, and call them on it. Meanwhile real damage is done. How many players will lose the game they love because they couldn't stand up to big egos?
Scott
Guest
It would be interesting to see whether any or all players who were involved in the experimental supplements program at Essendon would actually repeat their involvement given hindsight. I'm guessing they would regret their involvement, and see it is the reason why they are in their current situation. Who are they blaming behind closed doors: the AFL, the EFC or ASADA? That is, the body that committed the code to compliance with ASADA; the organisation that orchestrated and oversaw the injections program; or the organisation responsible for stamping out the use of PED's in sport. Put yourself in the players shoes and decide for yourself.