NOT GUILTY: AFL Anti-Doping Tribunal clears Essendon players

By The Roar / Editor

BREAKING: The 34 past and present Essendon players involved in the Bombers’ controversial supplements program of 2012 case have been found not guilty by the AFL Anti-Doping Tribunal, the AFL has confirmed.

The players have been cleared by the AFL’s Tribunal led by chairman David Jones in a unanimous decision.

785 days after the drugs saga began, on the infamous darkest day in sport, the Tribunal found there was insufficient evidence from the Australian Sports Anti-Doping Authority that the 34 Bombers players, past and present, were administered the banned peptide Thymosin Beta-4 during the club’s controversial supplements program of 2012.

READ MORE:
NOT GUILTY: Essendon players cleared by AFL Tribunal
DAN LONERGAN: Ignorance isn’t innocence, but Bombers deserve benefit of the doubt
GLENN MITCHELL: Will we ever know what happened at Essendon?
CAM ROSE: Everyone failed in the drug saga, now it’s time to play some footy

In the statement from the AFL, the Tribunal found that Thymosin Beta-4 was a banned substance during the relevant period of the investigation.

The statement went on to say that the evidence lodged by ASADA wasn’t sufficient to sustain a guilty verdict. The Tribunal’s decision was unanimous.

Any reasons for the decision will not be released to the public until ASADA and WADA have made a call on whether or not to appeal the Tribunal’s decision.

A decision on controversial former club employee Stephen Dank is still to be handed down. The Tribunal are still

All 18 players still at the club are free to play in Round 1 against the Sydney Swans on the weekend.

Former Bombers players Angus Monfries, Paddy Ryder and Stewart Crameri, have also been cleared of doping.

Both WADA and ASADA have rights to appeal the decision made by the Tribunal. ASADA can appeal to the AFL appeals tribunal, and WADA can appeal to either that same body, or possibly the Court of Arbitration for Sport.

The two anti-doping bodies have 21 days to consider whether to appeal the decision made by the Tribunal.

News Corp are reporting that ASADA are meeting tonight, and will hold a press conference at 11am on Wednesday in Canberra, where they are expected to announce whether they will appeal the decision.

The Tribunal consisted of chairman David Jones, John Nixon, a former County Court judge, and Wayne Henwood, a former VFL player and practicing barrister.

The players have been provisionally suspended since November 14, 2014, and look set to take the field on Saturday against Sydney.

AFL CEO Gillon McLachlan confirmed WADA and ASADA can still appeal, and demanded the details of the case be made public.

“The case has been the most complex case ever tried by the AFL Tribunal, and the circumstances surrounding the case have been extremely difficult.

“Given this, the Tribunal has delivered in a timely manner, given the amount of information and the number of parties involved.

“The AFL is still reviewing the decision.

“The AFL has asked that that the full details of the decision made public in the interests of transparency. Under the code, this is a matter for the players.

“The AFL wishes to reinforce that ASADA and WADA have rights to appeal the decision.”

Bombers captain Jobe Watson said the players were relieved at the decision.

“We were totally open books about the whole process,” he said.

“All we wanted to know was the truth and we were honest about everything that we knew.

“We hid nothing from anyone.”

ASADA CEO Ben McDevitt has said he accepts the decision of the AFL Anti-Doping tribunal, but pulled no punches on what he thought of Essendon’s controversial supplements program.

“What happened at Essendon in 2012 was, in my opinion, absolutely and utterly disgraceful.

“It was not a supplements program but an injection regime, and the players and the fans were so poorly let down by the club.

“While I am obviously disappointed that the charges in this instance have not been proven to the comfortable satisfaction of the tribunal, I am pleased that the tribunal was able to finally hear these matters.”

AFL Players Association Chief Paul Marsh felt this was a vindication of the AFLPA and Bombers players’ position.

“This decision does not absolve the Essendon Football Club of blame. Players were placed in an unacceptable position that put their health and careers at risk.

“For over two years these players’ lives have been hijacked by this issue through no fault of their own, and today’s decision brings a sense of overwhelming relief and vindication of the players’ consistent position of innocence throughout this saga.

“We have always been of the view that these players have done nothing wrong and this has been confirmed by the Tribunal today.

“The players have withstood enormous uncertainty, public scrutiny and speculation over their health, their careers, and their reputations.

“We are relieved this matter is now closed and we, as an industry, can get on with the footy.

“The PA will continue to work with the AFL and Clubs to do everything we can to make sure no player’s health is ever put at risk again in the pursuit of on-field success.”

David Grace QC, the lawyer for the 34 past and present Essendon players, said they “mounted a very strong defence to the case, and the result is here to see.”

“All they [the players] will be interested in is playing on Saturday.”

“In the players’ favour, it is a good outcome to them.”

Grace said he could not comment on anything related to Stephen Dank.

Essendon were punished by the AFL for bringing the game into disrepute in 2013, losing competition points and missing the finals series, losing draft picks and copping a $2 million fine.

Coach James Hird was suspended for 12 months, assistant coach Mark Thompson was fined $30,000 and Danny Corcoran was banned for six months.

Full statement from the AFL Anti-Doping Tribunal

The Tribunal today handed down its decision, which was unanimous, and reasons for the decision with respect to the alleged violation by 34 players of the AFL Anti-Doping Code.

The Tribunal was comfortably satisfied that the substance Thymosin Beta-4 was at the relevant time a prohibited substance under the Code.

The Tribunal was not comfortably satisfied that any player was administered Thymosin Beta-4.

The Tribunal was not comfortably satisfied that any player violated clause 11.2 of the AFL Anti-Doping Code.

The Tribunal’s decision in relation to the violations under the Code alleged against a former Essendon support person will be handed down at a later date, together with reasons for that decision.

The Tribunal’s decision and reasons have been provided to the parties in accordance with the function performed by the Tribunal. That function does not include the provision of the decision and reasons to other persons. Any publication of the Tribunal’s decision and reasons is a matter for the parties.

More to follow…

The Crowd Says:

2015-04-03T01:50:45+00:00

Stadia Cooperoz

Guest


Paddy Ryder has left a fairly average team mired in controversy to play for a club that could give him a premiership medal in the few years he has left. He's not going home but he is at a city more like his home town and much closer than Melbourne. Ken H is a pretty straighrt shooting/no bullshit coach and while Ryder is a loss to Bombers he specifiically meets a niche requirement in an otherwise strong side. Finals, brand new stadium, good coach, sounds like a pretty easy and smart decision to me and I don't even like the power.

2015-04-02T08:28:25+00:00

Radelaide

Guest


ASADA'a authority comes in the form of testing whenever they want and once a positive sample is produced or a first hand witness testify's, Essendon and Dank have just produced the drug sports version of the mafia's "omerta".

2015-04-02T08:23:10+00:00

Radelaide

Guest


There were witnesses. his team mates who were also involved testified against him.

2015-04-02T01:12:11+00:00

Stadia Cooperoz

Guest


Yep which raises the question of what is a program or an experiment anyway? If I get advicde that garlic tablets reduce asthma severity/erequency I would have to gauge my reactions to it over a prolonged time to say it helps or not. So I have to set up a testing and result regime. EFC do not appear to have done this so they have no way of knowing orf gauging the success or failure of Dank's program. The lack or records is suspicious, the possible destruction of same equally so. In fact there is nothing to stop EFC continuing as they were and using the exact same stuff and supplying records to the AFL because it was all harmless. The EFC fan club are seriously dillusional. Why aren't the police involved if potentially harmful substances were involved and EFC and certain inteests could gain fraudulently by success, influencing spot gambling outcomes etc.. How can Dank just say screw you to everyone? ASADA is another of many govt watch dogs with no money, no balls and no real authority! .

2015-04-02T00:18:27+00:00

En

Guest


Lance Armstrong never produced a positive sample.

2015-04-01T06:51:25+00:00

Ruck'n'Roll

Guest


Leaving aside Essendons guilt or otherwise. This result certainly provides a simple three step template on how any team desiring to do so, can make use of performance enhancing drugs. 1) don't use anything that might get picked up in a routine test. 2) ensure you lose the paperwork 3) deny everything and confuse the issue with as much obfuscation as possible. The only penalty handed out during this episode was to Essendon for poor bookkeeping. If Essendon or Dank had simply falsified the documentation in a professional and competent manner - rather than relying on the "dog ate my homework" defence there would have been no penalty. The next team will not make the same mistake.

2015-03-31T21:10:09+00:00

Wishy

Guest


I am genuinely interested if an Essendon supporter can help me out on this one? Football clubs as we know them are run as a business, so my question is this Essendon injected their players roughly 4'000 times from the understanding that we have been given what we don't know is what they were injected with, so I ask this of the Essendon supporters. If Essendon is running a business why would they pay for anything that wasn't going to be an assets to that business, why would they pay thousands and thousands to have players injected away from the club if it wasn't performance enhancing? Not guilty was the right outcome for the information given but I am generally interested in what on earth Essendon supporters think that their players were injected with?

2015-03-31T13:10:24+00:00

Bobbo7

Guest


Never had an issue With Essendon or Collingwood before the drug scandal. Just drugs in sports and to be honest, this verdict is effectively on the basis there are no records and witnesses would not assist. Does not really change my view of Essendon's integrity.

2015-03-31T12:57:05+00:00

Dalgety Carrington

Roar Guru


I think you're right, I don't think the term "Not Guilty" was used by the tribunal. It's more a sensationalist headline thing for the press.

2015-03-31T12:35:57+00:00

albatross

Roar Pro


Not sure it was "not guilty" as such. Didn't they say that the evidence was insufficient? I won't argue with you but. It just seems to me to be a verdict that has left the players still under a cloud.

2015-03-31T12:25:43+00:00

Mister Football

Roar Guru


Scottish verdict? Is not "Not Guilty" sufficiently known and accepted in the Australian legal system?

2015-03-31T12:13:38+00:00

albatross

Roar Pro


For mine this looks very like the Scottish verdict of “Not proven”. The worst of all possible worlds. I can’t see how this will stop here. WADA will move surely? I feel sorry for the players. There will will always be whispers. At best about their naivety and/or stupidity. At worst about their complicity in what seems to be dubious practices.

2015-03-31T12:12:31+00:00

albatross

Roar Pro


Duplicate post

2015-03-31T11:46:01+00:00

Radelaide

Guest


Listening to the radio, I'd say if there was 34 unused needles sitting on a table in the Windy Hill changerooms full of TB4 there would still be no evidence players took anything.

2015-03-31T11:39:23+00:00

mattyb

Guest


Don Freo,Andy112's sadness is so encompassing he will find plenty to be sad about tomorrow.Strewth,he still hasn't even got over you blokes beating the hawks at Subiaco and I seriously doubt he ever will.

2015-03-31T11:34:39+00:00

Mister Football

Roar Guru


The AFL anti-doping tribunal operates independently to the AFL.

2015-03-31T11:33:40+00:00

Mister Football

Roar Guru


Fair enough.

2015-03-31T11:30:15+00:00

Mikey

Guest


Well that was why I described it as "of sorts" because clearly ASADA didn't find enough to convince the tribunal.

2015-03-31T11:24:35+00:00

Mister Football

Roar Guru


Yes, but a paper trail "of sorts" is hardly evidence of 34 players having been administered TB4.

2015-03-31T11:18:46+00:00

Andy og

Guest


Essendon was punished for its farcical governance and it will pay for it for years to come.Dont underestimate not being able to go to the draft for 2 years,carlton has never recovered.But whats ASADAS punishment for its farcical handling of a case it was never going to be able to prosecute. What's Lundy's punishment for the political posturing that tarnished Australian sport in general. The club,the players,the game have all been punished and yet these posturing self righteous fools at ASADA act like they have been wronged.McDevitt today was like a petulant child.And what of the Cronulla boys and there 48 hour ultimatum.Asada simply wrote tickets they couldn't cash.If they appeal this they will prove themselves to be the worst kind of rulemakers. The kind that cant see they have made an awful error in judgement.

More Comments on The Roar

Read more at The Roar