The landmark Essendon hearing at the AFL anti-doping tribunal will go ahead behind closed doors.
Tribunal chairman and former County Court judge David Jones has ruled that the media and public cannot attend the hearing, which starts next Monday.
Jones heard extensive legal submissions arguing for and against a public hearing.
His findings were released on Monday, a week before the hearing will start.
The tribunal will rule on anti-doping infraction notices against 34 current and past Essendon players.
“I am satisfied the public interest in preserving and protecting the privacy and private and personal information of the 32 players outweighs the public interest in the public receiving information presented to the hearing,” Jones said in his findings.
“I am satisfied that the only way their privacy and private and personal information can be preserved and protected is by the hearing being conducted in private.
“Further, a private hearing minimises the defamation risk for the participants in the hearing.”
Jones added that a private hearing would eliminate complications that might arise under the ASADA or Privacy Acts.
He noted that under the AFL anti-doping code, the hearing should be private unless he decides otherwise.
Jones had heard extensive submissions from the AFL, media organisations, ASADA and lawyers representing the players over whether journalists should be able to cover the hearing.
While the AFL and the media wanted an open hearing, ASADA and most of the players wanted it to stay closed.
Lawyers for two players were willing to let media into the hearing, provided the players’ identities were not revealed.
The media organisations argued the hearing should be open because the Essendon case is unprecedented and exceptional.
Jones said it was an important distinction that the principle of open justice, which applies to courts and statutory tribunals, did not apply to the AFL anti-doping tribunal.
Jones added that the infraction notices will be heard at once, rather than separately.
After Monday’s initial session, the tribunal will also sit on December 18-19 and resume on January 12.
The tribunal will rule whether the players are guilty of taking the banned substance Thymosin beta-4 during the club’s controversial 2012 supplements program.
If found guilty, the players risk bans of up to two years.
The hearing will be held at the County Court rooms in Melbourne.
Bill
Guest
Mr Jones said: “I do not authorise the hearing being conducted other than in private. After weighing in the balance all the relevant circumstances … I am satisfied the public interest in preserving and protecting the privacy … of the 32 players outweighs the public interest.” It certainly sounds like he considered and gave weight to public interest arguments. I suspect that ASADA and the players support his decision for different reasons - both related to self preservation. However it is the taxpayers (who at the end of the day are in large part funding this process) who will end up the losers in this scenario.
Mister Football
Roar Guru
Everything you have said does not change the players' right to confidentiality and privacy under the NAD Scheme. With both ASADA and the players effectively on the same side on this particular issue, the AFL anti-doping tribunal had a straightforward decision to make, and made it. The public interest argument would have had zero bearing.
Bill
Guest
I am surprised this isn't a feature article on The Roar. It strikes me as a very significant development in one of the most important sports stories in recent memory.
AdamG
Guest
100% agree. it's been widely reported that David Zaharakis didn't have the injections (not sure if true or not) but everyone else would be under suspicion, so no need to keep it private. All I want to know is on what evidence they where found guilty or not. The last thing I want is for it to be in private, so that Essendon haters will whinge about a conspiracy if found not guilty, and Essendon lovers will whinge about a conspiracy if found guilty.
Bill
Guest
It is a poor argument in the circumstance. Essendon (very publicly) self reported - it is alleged that certain individuals within the club orchestrated a program of systemic, club wide doping and, accordingly, every player on the Essendon list during the period in question is under a cloud of suspicion under cleared. To contend that the hearings should be behind closed doors to protect the privacy of the players is specious. The evidence put forward by ASADA should be subject to very close public scrutiny - if the evidence is poor and the players and club are absolved we, as taxpayers, must have a serious conversation about whether ASADA should continue to be funded from the public purse. That discussion is impossible if the outcome is acquittal without transparency.
Mister Football
Roar Guru
Arguably, having the hearings in private is a matter of justice for the players, who, under the NAD Scheme, are entitled to complete confidentiality and privacy until they have been found guilty of a violation.
Bill
Guest
This is a perfect example of why the hearings must be heard publicly if the outcome is to have any credibility. Without transparency. the Australian public is left to speculate as to what evidence is being led by each party. what weight should be attached to that evidence and to what extent the evidence is tainted. As the old adage goes - justice must not only be done, it must be seen to be done.
conchie
Roar Rookie
BM has said these witnesses are not necessary. ( Charters and Alavi ) Which explains why he is spending 6 figures of our money in subpoenas. There are 3 other witnesses, Peter Fricker, a leading sports physician who twice met Mr Dank in Qatar in 2012 to discuss a possible clinical trial involving the contentious peptide AOD9604; University of Sydney endocrinologist David Handelsman; and Sergio Del Vecchio, a former business associate of Mr Charter. None of the five witnesses has direct knowledge of Essendon’s 2012 season supplements program administered by Mr Dank. Mr Dank is charged with more than 30 doping offences relating to his work at Essendon http://www.theaustralian.com.au/sport/afl/asada-warned-not-to-prosecute-players/story-fnca0u4y-1227149203513?utm_source=feedburner&utm_medium=feed&utm_campaign=Feed%3A+TheAustralianSportsNews+%28The+Australian+%7C+Sport%29
conchie
Roar Rookie
So, now we have ASADA looking into giving Charters a job at the NRL, i wonder if that was because of his testimony that he was giving against the AFL !!!. Slimy slimy ASADA. Stop this charade now.
Doc Disnick
Roar Guru
What a surprise this is...
Bill
Guest
This is a terrible decision by David Jones. Whatever the outcome, given the unprecedented level of public interest in the case the evidence should be publicly aired. The anti-doping regime in Australia is seriously broken and calls for it to be scrapped in its entirety are looking increasingly meritorious as this matter plays out.
Bobbo7
Guest
its an AFL / ASADA conspiracy!! A conspiracy I tell you. Hird is an innocent puppet here It was Lee Harvey Oswald what gave the players the drugs Hird knew nothing - those texts were a plant from the CIA and now its all behind an iron curtain, we will never get the trooff
Jakarta Jeff
Guest
If the players are found not guilty then it is only right that their privacy and names be protected. If they are found guilty then all their names will be public knowledge. Fairs fair!