The Australian Sports Anti-Doping Authority will not appeal the AFL anti-doping appeals tribunal’s not guilty findings on 34 current and former Essendon players and sports scientist Stephen Dank.
ASADA CEO Ben McDevitt ruled out an appeal on Monday on the grounds it would remain within the AFL framework.
But he left the matter in the hands of the World Anti-Doping Agency (WADA), which now has three weeks to decide whether it will appeal.
“As with all other decisions I have made in these matters this decision has largely been informed by comprehensive legal advice,” McDevitt said in a statement on Monday.
“I am conscious that ASADA does not have a direct right of appeal to the Court of Arbitration for Sport (CAS) and the only appeal avenue open to ASADA at this time is to the AFL anti-doping appeals tribunal.
“I am also aware that appealing any of these decisions within the AFL framework would ultimately serve only to delay consideration of these matters by the World Anti-Doping Agency (WADA).
“I have therefore arranged to provide the entire case file encompassing all 35 matters to WADA for its independent review.
“This is in accordance with global anti-doping protocols.
“WADA will then be able to make an independent decision as to whether to exercise its appeal options.
“ASADA will support any WADA initiated appeal in relation to these matters.”
McDevitt also called for the release of the tribunal’s full findings and reasons “in the interests of transparency”.
It has been nearly three weeks since 34 past and present Essendon players involved in 2012’s controversial supplements scandal were cleared by the AFL anti-doping tribunal, following a two-year joint ASADA-AFL investigation.
McDevitt the next day said an appeal was a “very live option”, but added the national anti-doping body wanted to examine the tribunal’s findings and its pending findings on Dank before deciding whether it appealed against the verdicts.
Last week the tribunal cleared the controversial sports scientist of 21 of 31 charges while finding him guilty of multiple offences of trafficking banned substances.
Crucially, it was not comfortably satisfied that Dank administered the banned substance Thymosin beta-4 to any Essendon players – the same reason the players themselves were cleared.
Dank has repeatedly insisted he did nothing wrong at Essendon and has indicated he will appeal the findings against him.
AFL chief executive Gillon McLachlan has said his personal wish is that there are no challenges to the tribunal findings.
c
Guest
jf i do hope that wada appeal
Mikey
Guest
Jakarta Fan - I think you miss the point. It is the lack of evidence (aka records) that the EFC are being condemned for. I am not sure how you would feel if you were given multiple injections and then no-one could tell you exactly what you were injected with. And how would you feel if there was a trail that indicated you may have been injected with an illegal substance -although because of the lack of records this can't be verified either way. Would you think that is ok? In this day and age do you really think that is acceptable?
Doc Disnick
Roar Guru
Nicko you forgot one other point. Dank is 100 per cent adamant he used Thymosin alpha 1. The tribunal although could not comfortably satisfy the use of TB4, they are 100 per cent confident it was not TA1! That basically means it was TB4 or GOD knows what from their conclusion. Great outcome for all really, will make for an epic Under Belly series in 20 years time I'm sure.
Jakarta Fan
Roar Rookie
What a sick society! Condemning people without evidence. You wanted Essendon to be guilty and didn't care about the evidence. You wanted them kicked it "whatever it takes" - how viciously cruel. People demanded a verdict but now refuse the judges decision. Shows the prejudice of many of these commentators. It's over. Get back to the football and drop all this crap!!!!
Mikey
Guest
Mister Football - ASADA did exactly what it should have done.You have repeatedly incorrectly stated that ASADA went against its own legal advice. That is simply not true. And losing a case where the defence relied on "We don't know what we were injected with but ASADA can't prove it was TB4" is no disgrace. In fact it has probably reinforced in most objective peoples minds what a blight on the game this whole episode has been. Your comments may have been warranted if the EFC had been able to provide evidence that showed exactly what the players were injected with - or at least provide a credible alternate drug to the TB4 trail that ASADA found. But they couldn't which is very disturbing from a supposedly professionally run football club that claims it was looking after the welfare of its players. The EFC Footy dept were either trying to cheat or were completely incompetent - it has to be one or the other and everyone involved at the EFC should hang their heads in shame.
Mike from Tari
Guest
How is Dank guilty of supplying illegal substances to Essendon support staff, the players were injected with something that wasn't illegal, but they can't prove that the substance wasn't illegal, so what happened to the illegal substance, I know that Hird was injected so maybe he used all the illegal crap.
Josh
Guest
Under the table?!?!? How big are your tables? Apparently the AFL big broom broke and they needed a bulldozer to sweep this gigantic mess into the ocean.
AR
Guest
That's one sad and cynical learning from this whole sorry saga.
AR
Guest
Youu realise this wasn't the AFL's decision...yes?
Alex L
Roar Rookie
So.. burn all the documents and you can get away with anything, it would appear.
delbeato
Roar Guru
It could have just been sloppy record keeping. There's evidence that EFC were sloppy - e.g. going to the lengths of drafting detailed disclaimers for players to sign to minimise their legal liability. Hmmm... wait a minute..
Mister Football
Roar Guru
To make matters worse, ASADA was forced to make up a story about a phantom shipment backed by forged documentation, and embarassingly for the prosecution, they had to admit as much in front of the tribunal.
Jack Smith
Roar Guru
Lack of evidence because Essendon/Dank got rid of all documentation of what was injected in their regime. 'Governance issues' a.k.a. simple administration of a club by filing reports on what players take.
Penster
Guest
Does WorkSafe Victoria have any interest in this or does the players contract basis negate their involvement? Their insurance companies would be following this with interest.
Mister Football
Roar Guru
McDevitt should have listened to its own legal counsel and not have progressed the matter because it clearly lacked the evidence. Under the circumstances, there is absolutely zero chance that WADA will appeal this to the CAS, who, if anything, would require a higher evidentiary standard than the AFL anti-doping tribunal.
Nicko
Guest
Agree with ASADA...get out of this mickey mouse court system and go straight to CAS....only chance to get a reasonable hearing. AFL looks after its own...will never get a different outcome here...tribunal stated that it was comfortably satisfied that: 1. order given for TB4 in China 2. that drugs delivered and mixed in melbourne 3. that drugs given to Danks 4. that Danks stored the drugs at Essendon 5. that injection regime pattern was consistent with TB4 but not comfortably satisfied that players given drugs...REALLY?...what a joke...if not given to the players, what happened to the drugs? Appeal WADA...
delbeato
Roar Guru
WADA won't appeal. without documentation, prosecutors don't appear to have enough to secure a conviction. it's outrageous that a defendant can fail to produce key documentation as a foundation of its defence. they got done for bad governance on that matter, but it's pretty obvious to anyone other than the one-eyed supporters here what has most likely happened.
DJW
Guest
AFL big broom works again to sweep it all under the table. The AFL knows it can do it as well as it has zero international presence and the rest of the world doesn't care about it.
GWS
Guest
WADA will do what WADA will do. The AFL needs to review future penalties for bad governance practices within clubs. Perhaps the AFL thought the big penalties would come at the end. There was an injection regime at Essendon and nobody knows what substances were injected and into whom. Coach Hird received a one year ban during which he completed a management course in France. Did that penalty justify wretched governance? The club was fined a relatively small amount given the annual operational budget of any AFL club. Did that penalty justify bad governance? The players were banned from a final series and will be forever tainted by the scandal. They have suffered, but I don't see equal pain among the club's management or coaching staff. A very poor outcome.
Dympna
Guest
it is not a victory for Essendon...I hope WADA can fight the good fight, I feel uncomfortable with the whole situation and frankly have no sympathy for a club or its players that provided no paper trail of any kind who pushed the envelope who wanted to win at all costs...I can't stomach the sight of Hird & Co running around without any remorse,, lets revisit in 20yrs time when some players may suffer unexplained illnesses! and I am very concerned regarding the alleged mentioned Carlton 'coach' in tribunal finding on Dank...AFL has no appeal to the majority of people these days its over commercialised, it sweeps issues under the carpet, wink wink its rite mate attitude has turned me off bigtime