Controversial sports scientist Stephen Dank says he intends to front the AFL appeals board and believes he can still clear the 34 banned Essendon players.
Dank did not attend Monday’s opening day of his appeal against a lifetime ban for doping offences.
Instead, Dank sent a letter to the appeals board through his former lawyers, saying he could not attend because of a family medical emergency.
But a defiant Dank vowed late on Monday that he still intends to appear and that Jobe Watson would have his surrendered Brownlow Medal back by the time his hearing is over.
“My most desired outcome, of course, is for everyone to be cleared,” Dank said on FiveAA.
“Unfortunately players have served suspensions so that time can’t be given back to the players … but I think by the time we’ve finished this hearing Jobe will have his Brownlow back … I’ve got no problems with that.”
Watson was one of 34 past and present Bombers players banned for the 2016 season for violations of the anti-doping code arising from the club’s 2012 supplements program, overseen by Dank.
Watson’s returned Brownlow Medal was awarded to Richmond’s Trent Cotchin and Sam Mitchell – then with Hawthorn – by the AFL commission last week.
Lawyers representing the AFL and ASADA could barely contain their scorn at Dank’s late request to adjourn, saying the appeal should be thrown out.
After deliberating behind closed doors for half an hour, the three-man board said it would adjourn until December 1.
By 5pm this Friday, Dank also must provide details about the medical emergency including the hospital, the date of his relative’s admission and a report from the treating doctor.
Dank said he would have no issue producing such documentation but expressed disappointment that the reason for his request had been made public.
Dank’s former lawyers submitted a letter on Sunday morning, explaining he could not attend.
“We note it was Mr Dank’s intention to appear in person, lead evidence and make oral submissions,” the letter on behalf of Dank said.
“Unfortunately Mr Dank has contacted the writer … distraught about the urgent admission of a family member into hospital.
“The condition of this family member is life-threatening and requires Mr Dank to be by their side.”
But the AFL and ASADA lawyers at the hearing were unimpressed.
“There is no court in the state that would’ve tolerated the way in which Dank has conducted this case and himself throughout this process,” AFL counsel Renee Enbom said in her submission.
“I don’t think anyone from this bar table was surprised to receive yesterday’s email. I checked my emails … waiting for the 11th hour request to adjourn this appeal again. It arrived on Sunday morning.
“I don’t think anyone at this table really expected Mr Dank to prosecute his appeal. He’s done just enough every time to keep it alive.
“It is time to bring this process to an end. Everyone involved, including the players, are entitled to some finality.”
Enbom also detailed several instances where she said Dank had not complied with the appeal process.
She added Dank had sent emails with a threatening tone to parties involved in the appeal and said he had shown the process little respect.
Dank is a key figure in the Essendon supplements saga.
He was banned for life from working in any sport here or overseas after the AFL anti-doping tribunal found him guilty of 10 anti-doping code breaches.
Penster
Roar Guru
They didn't get flogged in every game, and lost by only a few goals against some quality sides, they won 3 matches - no-one expected that from a pub team - and only finished bottom by .6%. Given the circumstances that's not a too shabby effort and the players and coach had a positive vibe about them. Certainly exceeded my expectations.
Paul D
Roar Guru
Casper - before anyone can answer that question you need to outline a plausible scenario that would pass a legal standard of proof, by which Dank could prove what he administered was all above board. And if he was able to do that, he would have done it years ago.
Casper
Guest
Bird man - what if Dank revealed that what he administered was all above board? Would you accept that the players are innocent? Or are you only interested in the negative scenario?
Ian Morrison
Guest
Dank has provided nothing of substance in defense of himself, the club or the players. It has always been "later, just wait and see". And now the latest stuff up. Why didn't he provide all this wonderful material at earlier hearings? Answer - there is no wonderful material. The measure of the individual is the way he claims Watson will get back his medal "after I finish giving evidence". How must Watson feel?
Katfish
Roar Guru
Having had half the team missing for 12 months, I expect those players and the team chemistry to be rusty in the first half of the season. I reckon that will stop them from pushing the 8, but I expect them to finish the season in some hot form given the talent on their list
Slane
Guest
How can the team that won the spoon possibly have exceeded anybody's expectations? 99% of AFL fans would have tipped Essendon to finish last in 2016. That's where they finished. Expectations were met. This upcoming season is where they can exceed expectations. I think they'll be pushing for a top 8 birth. Many haters will have them pegged for a spot around 10th.
Penster
Roar Guru
There are some very feral footy fans out there, "footy rage" is a thing, god only knows why. I enjoyed watching Essendon exceed expectations this year too, given the circumstances they were outstanding. And watch out - they're back, they're strong and they'll rock the 8. Hopefully the gunman will hit his target next time. We could do with the laugh.
Pumping Dougie
Roar Guru
Well said, lilbob. I think the worst is well and truly over.
Pumping Dougie
Roar Guru
What evidence could Danks possibly produce that would be credible at this stage? Another vague spreadsheet summary? A hand-written diary purporting to be from 2012? Receipts from Chemist Warehouse?
Pumping Dougie
Roar Guru
I think the answer to that lies somewhere in why they reached an out-of-court $1m settlement with The Weapon to remain silent and withdraw his Unfair Dismissal claim.
Pope Paul VII
Guest
a very strange man
D Fitz
Roar Rookie
I am glad the Appeals Board gave Dank the extension. Give this man enough rope and he will hang himself.
RnR
Guest
SD=BS
Paul D
Roar Guru
I think Essendon feel they've spent quite enough on legal fees in recent years, don't you agree? The simple truth is that until Dank presents the documentation it doesn't exist. If it turns out he actually has something meaningful to present to his appeal then maybe they'd consider it. But I doubt it.
Wilson
Roar Guru
That is another way to look at it. so it one of two things they don't want it as it looks worse for them or it does not exist. money is on the 2nd one.
lilbob
Roar Rookie
I hear ya BM *sigh*
Cat
Roar Guru
Better question is why didn't Essendon ever sue Dank for whatever documentation he keeps claiming he has? If it was created while he was employed by the EFC, then it is work product and wholly owned and property of the EFC.
Birdman
Guest
....lilbob, for your sanity's sake, I think you should just ignore anything that Dank has to say since it's all empty rhetoric anyway.
Birdman
Guest
it would remove any basis for their ongoing 'moral' stance that "we did nothing wrong and we didn't take anything illegal although we don't know what we took"
lilbob
Roar Rookie
I'm not sure I can take any more of this...... the club I have followed since I was allowed to stay up late as a kid and watch the Escort Cup, has put itself, it's players and it's members/fans through 2 years of hell........like most Bombers fans, I took what joy I could from the team that performed as well as could have been expected this year, and delighted in the discovery of some great young kids who performed above and beyond.....all the while copping the often vitriolic abuse from other teams supporters (and hey, just FYI, I didn't participate in a supplements scheme). I have never made any excuse/defended what appears to have been a totally morally corrupt and cynical exercise by ALL parties concerned.....and will have to live with my team being pretty much forever remembered as the White Sox of AFL......and now this a*hole is dragging us through the muck all over again???.....ENOUGH!! Please??