The latest ASADA move will end in a stalemate... again

By Tim Prentice / Expert

This week’s development in ASADA’s probe into Cronulla for alleged drug-taking looks to be headed straight for the courts.

I can’t see any players admitting guilt in order to escape the maximum penalty from the authorities.

Last year, the NRL found the Cronulla club guilty of failing to provide proper ‘duty of care’ and imposed a fine along with issuing a series of bans to staff members.

Players embroiled in the drama of the so-called supplements scheme of 2011 claim they ingested substances as instructed by their employer.

Why then, should or would any player put his hand up and say “I cheated the system” in such circumstances?

They say that ignorance is no defence but can that hold true? I think not.

Each player has been closely counselled by lawyers whom, I expect, will instruct them to admit to nothing.

So from where I sit, the stalemate continues. See you in court fellas.

I believe if ASADA had concrete proof of illegal drug-taking by certain individuals it would have acted immediately and imposed lengthy bans.

Instead, players have been offered reduced penalties if they admit guilt before ASADA’S Friday afternoon deadline.

Seventeen past and present Sharks players allegedly implicated in the club’s 2011 supplements scheme have received show-cause notices from the Federal Government-run, anti-doping body.

Only five of these players – Paul Gallen, Nathan Gardner, Wade Graham, Anthony Tupou and John Morris – are on the Sharks’ books for the current season (John Morris recently retired because of persistent injury).

The other current NRL players to receive show-cause notices were Kade Snowden and Jeremy Smith (Newcastle), Jason Bukuya (NZ Warriors), Luke Douglas and Albert Kelly (Gold Coast) and Matthew Wright (North Queensland).

It has been reported that ASADA offered all or some of the players 12-month bans back-dated to November 1, 2013. Each has been given until Friday afternoon to decide whether or not to admit guilt and accept the deal, or reject the ASADA offer.

Players who accept the ASADA ban would be back at pre-season training on November 1 this year which means that effectively, the anti-doping body is proposing a nine week penalty.

It is expected that sports scientist Stephen Dank, the man behind the supplements scheme at Cronulla, will be contacted by ASADA today.

On Sky Sports Radio yesterday, Gallen, the current Sharks and NSW captain, spoke emotionally of the turmoil the 16-month ASADA probe had inflicted on he and his Sharks’ teammates.

Gallen reiterated he had done nothing wrong and claimed any admission on his part would shatter his hard-earned reputation and standing in the game.

It was been widely reported that any player who rejects the ASADA deal and is subsequently found guilty will be hit with a two year ban.

The Crowd Says:

2014-08-22T04:01:43+00:00

Gary Magpie

Roar Guru


In both cases, the athlete should be taking legal action against the person that gave them the drugs without their knowledge. Specifically on the Sharks players, there is no outrage from the players towards the club. If the players 'inadvertently' ingested illegal drugs because club officials administered them, why aren't the players angry at the club and taking legal action? Everyone knows the truth. Nobody is paying an appropriate penalty.

2014-08-21T10:19:36+00:00

The spectator

Guest


Here mate I'm going to inject you with legal supplements but holy shit mate what's that over there! Lol

2014-08-21T10:16:27+00:00

Me

Guest


No. But if he spiked your drink with a banned substance and you are an athlete in a sport monitored by WADA (even just an amateur athlete) under the rules you agreed to you would be held accountable for the substance they find.

2014-08-21T09:58:32+00:00

Cadfael

Roar Guru


As has been pointed throughout here, they are not criminal charges. They are the rules and regulations that players and teams are required to abide by./

2014-08-21T09:52:14+00:00

Cadfael

Roar Guru


A bit hard on ASADA. Had they been left to their own devices, they would probably have kept mum until they were ready. The problem was the government of the day wanted a good "feel good" story in the lead up to the election and had the stories (Cronulla and Essendon) broken.

2014-08-21T09:47:23+00:00

Cadfael

Roar Guru


Good point but under WADA, there are no provisions to throw a team out. That can only be done by that team's governing body, the NRL. I can't see them doing that.

2014-08-21T09:40:48+00:00

Johnnyball

Guest


Got to keep it going so Wilson and Hooper can gain a high moral indignation headlines. Please provide evidence and not innuendo please

2014-08-21T09:35:46+00:00

Big Marn

Guest


If they are innocent hope they get off. If you have the contacts see if you can see the content the Australian Crime Commission has but cannot be used as evidence. ASADA know exactly what happened and only need a confession. Problem is I don't think the players actually know what happened hence no whistleblowing. That was the strength of the plan a certain person orchestrated. Don't tell the players so then they have nothing to tell. Why do you think Cronulla dropped the whole program like hot coals after 11 weeks? Issac Gordon's unfortunate situation contributed but was not the sole reason to drop the program. They worked out they were duped. If the program was all above board they would have kept on going with it. Again, ignorance or being taken advantage of is not an excuse for leniency or concession under WADA laws.

2014-08-21T09:33:35+00:00

The spectator

Guest


If asada get nothing Dank gets rich on all the law suits and won't need to work again. I do get the feeling asada are waiting for players to finalize so they know where there at with Dank.

2014-08-21T09:27:46+00:00

Cadfael

Roar Guru


ASADA and WADA are bot quite unequivocal about this. regardless of the circumstances an athlete is responsible for what he takes. We may say allowances should be made...

2014-08-21T09:15:57+00:00

Cadfael

Roar Guru


Sadly I have to concur. But there may well be a fly in the ointment. ASADA is answerable to WADA who advised in a column last week that they will appeal any decision that wavers from the WADA penalties. If WADA does intervene there will be two year penalties and no backdating.

2014-08-21T09:02:03+00:00

Colin Stevens

Roar Rookie


If a friend buys me a drink and spikes it, should I be responsible for what I've taken? Am I responsible because of the friends I've chosen, or that I chose to drink - without the explicit knowledge of what was in it? And perhaps more importantly, with the expectation that it was just a drink?

2014-08-21T07:51:23+00:00

Steve b

Guest


As far as i am aware Big Marn no player was ever drug tested to prove what they were taking at the time,its all hear say ,yes we have been told they were peps and performance inhancing ,but the players whp did ask were told from all reports they were not being given any drugs that were on the banned list.So tell me if all players are saying the same how are they going to prove 100% that they took banned drugs. This is why they are prepared to backdate the sentances because unless their is a whistle blower with proof i dont believe they have got a leg to stand on .l hope the lads take it to court and clear their names.And if as ASADA is inferring that they have the proof then everyone from the shiney bums at the top to tea lady must have known something was going on ,as iam sure you are aware rumours go around a club like wildfire so why did it take the powers so long to bring it to light if they had the evidence way back when it happened.It just dosent ring true its a mess and it has been since the start.

2014-08-21T07:02:12+00:00

Big Marn

Guest


You write "And yes your right all the players are guilty of is naivety and stupidity for not asking the right questions ". Read the WADA rules. Ignorance is no excuse and the player is ultimately responsible for what they take. Even under duress or pressure. . No excuses, concessions or exemptions. If you think the rules are wrong in this case, well I won't argue about that. Maybe they do need to be looked at. If the rules change well that is one thing but here those rules were in force (right or wrong) and penalties apply. DOn't think just because they are "good blokes" or you "feel sorry for them" they are exempt from penalty. If they are guilty well penalty stands and then they have right to sue Cronulla for all losses. I am not a lawyer but wouldn't telling someone that are getting substance A but actually get Substance B be like a deception crime? I know if it was me I would be going to Police telling them I consented to one thing (in this case legal substances) and was given another. Jobe Watson signed a consent form. Is that a contract of sorts?

2014-08-21T07:01:01+00:00

Crosscoder

Roar Guru


Your lost? .Go to AFL tab with pointer and click.It's not hard.You are more at home in those confines.

2014-08-21T06:51:22+00:00

Steve b

Guest


Agreed Tim the most common sense remark about the whole fiasco i have read its such a pity the whole show has been handled by headline seeking incompetent people who went after the wrong people from the start.And yes your right all the players are guilty of is naivety and stupidity for not asking the right questions but i have talked to plenty of former players and we would be all guilty of the same as we believed in what our handlers were giving us was above board or would have never been sanctioned by the powers above.

2014-08-21T06:46:18+00:00

Pot Stirrer

Guest


Just seems hard to fathom that this bloke could cuase all this drama to Aust 2 largest sports and he hasnt done anything illegal. Although hasnt he forged some doctors signatures or something ?

2014-08-21T05:14:46+00:00

AR

Guest


Sorry, you lost me... How is Jodhi Meares and her DUI charge relevant again?

2014-08-21T04:50:40+00:00

Albo

Guest


But where is the evidence ? If they had any, wouldn't it have been produced / leaked it ? Where is the evidence that the players wilfully took a known banned substance ? If there is such evidence, then throw the book at them ! If there is no such evidence, seems they are simply trying to save face with confected win / "settle out of court" offer, of backdating the penalty if they admit to something ?

2014-08-21T04:11:43+00:00

fiver

Guest


This is the whole problem, without hard evidence they are trying to back players into a corner so they will admit guilt, however it seems like players don't even know if they're guilty or not.

More Comments on The Roar

Read more at The Roar