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Legal minefield awaits in Essendon peptides saga, says lawyer

Illustration: Matt Golding

Illustration: Matt Golding

A leading sports lawyer says the ASADA investigation into the Essendon supplements scandal is already a "car crash" and has warned a "legal minefield" awaits if show-cause notices are issued.

Darren Kane, a lawyer who represented Cronulla in the NRL doping saga, has closely followed the probe into the Bombers. There is the possibility that up to 40 players and officials at the club during the 2011-12 period when it administered an unregulated injecting program could be issued with show-cause notices as part of ASADA's Operation Cobia by the end of June.

The players would then have 10 days to respond and show why they should not be placed on a Register of Findings by the independent Anti-Doping Rule Violation Panel. This panel then assesses the evidence and player submissions and make its call.

Kane, however, has questioned whether just the one tribunal would be suitable, a point players - who are being represented by David Grace QC through the AFL Players' Association, and are having their legal fees covered by the club - could take up.

"It's already a car crash but it's going to get a lot worse. We will still be talking about this next year, in two years time; we may still be talking about it in three or four years time because it's just that complicated," Kane said. "I don't think anyone properly appreciates the logistical problems of putting 40 players to the sword for doping accusations that don't involve positive tests, just in terms of proving the who, what, when, where and how.  

"You go back to the Jobe Watson situation. He said 'I believe I have been administered a particular substance' … the fact that someone says they were administered something or they believed they were administered something, that doesn't prove the fact they were actually administered the substance.

"Given there are going to be similarities to the evidence, do you have different tribunals hearing the matter so that they don't take into account whether they allowed certain evidence to be admissible in other cases?

"If, for example, in the first case they allow certain evidence in, but then in subsequent cases people aren't taking objection, and the same tribunal has already allowed the evidence in the first time, does that prejudice the later people coming through?"

If a player is put on the Register of Findings, he has 28 days to appeal through the Administrative Appeals Tribunal.

Kane said it may yet be impossible for Grace and his team to solely represent the players, as this could depend on the "precise groupings of the evidence".

"Certainly when the show-cause notices are issued, it becomes a real legal mess," he said.

Having conducted 300 formal interviews and dissected more than 15,000 documents, ASADA chief Ben McDevitt says a decision on whether show-cause notices will be issued is just weeks away.

Kane said players could also argue whether any evidence gathered by ASADA was admissible.

"I think there might be real issues for ASADA proving some of these cases," he said.

"We are going to get into the territory of whether some of the evidence they have got - is that admissible because they have attained it in the right way or is it inadmissible evidence because they might have obtained text messages they got off the [Australian] Crime Commission. The evidence shared from the Crime Commission to ASADA can never be used to prosecute somebody."

Kane said lawyers could also take aim at ASADA's decision to partner the AFL in last year's initial investigation. This was hailed by some at the time as a blueprint for the future, but has since been questioned.

"I think there is going to be real issues through this joint AFL-ASADA investigation and how that was structured because the ASADA regulations - that's where the National Anti-Doping Scheme is. That doesn't really cater for joint investigations," Kane said.

"That caters for ASADA doing its own investigation … it doesn't conveniently cater for the sharing of information between organisations. I think you are going to get into problems there."

Once confronted with the possibility of two-year bans, and the careers of some coming to an end, Kane felt players would be prepared to "take the long road" in terms of protecting their livelihood. This would involve asking the AAT to investigate.

"You ask the AAT to review ASADA in terms of what processes they have gone through … and how they got their evidence," Kane said.

"Let's say for example there are 40 players. Each player individually and indeed [coach] James Hird, [then assistant] Mark Thompson and [former football chief] Danny Corcoran and whoever else is involved, is entitled to go to the AAT and challenge the methods by which ASADA has gone about its business. That could tie matters up for a long period of time."

Stephen Dank, the former sports scientist at the centre of the scandal, has already been issued with a show-cause notice. ASADA has refused to comment on whether he responded within the 10-day period, while his lawyers did not return calls.

Kane said Dank also had the right to test the regulations. Dank has maintained he will challenge any case in the Federal Court. Players ultimately could take their case there, as well as the AFL Anti-Doping Tribunal, its appeals board and the Court of Arbitration for Sport.

Bombers chairman Paul Little has also indicated the club could launch court action of its own.

The investigation has already gone on for 16 months.

AFL 2015

Round 1
Thu, 02 AprTimes shown AEDT
CAR 78 vs RIC 105 Report Stats
Sat, 04 AprTimes shown AEDT
MEL 115 vs GCF 89 Stats
SYD 72 vs ESS 60 Stats
BRI 74 vs COL 86 Stats
WBU 97 vs WCE 87 Stats
Sun, 05 AprTimes shown AEST
STK 78 vs GWS 87 Stats
ADE 140 vs NTH 63 Stats
FRE 75 vs PTA 68 Stats
Mon, 06 AprTimes shown AEST
HAW 123 vs GEE 61 Stats
View All Fixtures
Round 2
Fri, 10 AprTimes shown AEST
WCE 131 vs CAR 62 Stats
Sat, 11 AprTimes shown AEST
RIC 66 vs WBU 85 Report Stats
GWS 101 vs MEL 56 Stats
COL 63 vs ADE 90 Report Stats
GCF 76 vs STK 104 Stats
PTA 44 vs SYD 92 Stats
Sun, 12 AprTimes shown AEST
GEE 60 vs FRE 104 Stats
ESS 78 vs HAW 76 Stats
NTH 133 vs BRI 51 Stats
View All Fixtures
Round 3
Fri, 17 AprTimes shown AEST
COL 140 vs STK 66 Stats
Sat, 18 AprTimes shown AEST
CAR 84 vs ESS 105 Stats
ADE 80 vs MEL 55 Stats
SYD 111 vs GWS 90 Report Stats
NTH 105 vs PTA 113 Stats
BRI 58 vs RIC 137 Stats
Sun, 19 AprTimes shown AEST
HAW 127 vs WBU 57 Stats
GEE 105 vs GCF 96 Stats
WCE 81 vs FRE 111 Stats
View All Fixtures
Round 4
Fri, 24 AprTimes shown AEST
RIC 51 vs MEL 83 Stats
Sat, 25 AprTimes shown AEST
STK 81 vs CAR 121 Report Report Stats
ESS 49 vs COL 69 Report Stats
GWS 119 vs GCF 53 Stats
PTA 99 vs HAW 91 Stats
FRE 74 vs SYD 60 Stats
Sun, 26 AprTimes shown AEST
BRI 65 vs WCE 118 Stats
GEE 67 vs NTH 83 Stats
WBU 125 vs ADE 68 Stats
View All Fixtures
Round 5
Fri, 01 MayTimes shown AEST
CAR 45 vs COL 120 Stats
Sat, 02 MayTimes shown AEST
RIC 76 vs GEE 85 Stats
SYD 73 vs WBU 77 Stats
GCF 118 vs BRI 54 Stats
NTH 70 vs HAW 130 Stats
WCE 120 vs GWS 33 Stats
Sun, 03 MayTimes shown AEST
MEL 50 vs FRE 118 Stats
STK 80 vs ESS 82 Stats
ADE 91 vs PTA 115 Stats
View All Fixtures
Round 6
Fri, 08 MayTimes shown AEST
COL 59 vs GEE 100 Stats
Sat, 09 MayTimes shown AEST
NTH 109 vs RIC 74 Stats
WBU 87 vs STK 94 Stats
GWS 108 vs HAW 98 Stats
GCF 78 vs ADE 119 Stats
MEL 50 vs SYD 88 Stats
FRE 80 vs ESS 52 Stats
Sun, 10 MayTimes shown AEST
CAR 75 vs BRI 84 Report Stats
PTA 68 vs WCE 78 Stats
View All Fixtures
Round 7
Fri, 15 MayTimes shown AEST
ESS 82 vs NTH 93 Stats
Sat, 16 MayTimes shown AEST
ADE 119 vs STK 73 Stats
HAW 155 vs MEL 50 Stats
CAR 57 vs GWS 135 Stats
SYD 120 vs GEE 77 Stats
WCE 135 vs GCF 43 Stats
Sun, 17 MayTimes shown AEST
WBU 88 vs FRE 101 Stats
RIC 105 vs COL 100 Report Stats
BRI 102 vs PTA 65 Report Stats
View All Fixtures
Round 8
Fri, 22 MayTimes shown AEST
GEE 140 vs CAR 63 Report Stats
Sat, 23 MayTimes shown AEST
STK 78 vs WCE 131 Report Stats
GWS 108 vs ADE 84 Report Stats
GCF 63 vs COL 132 Report Stats
HAW 69 vs SYD 73 Report Stats
FRE 115 vs NTH 42 Report Stats
Sun, 24 MayTimes shown AEST
ESS 136 vs BRI 78 Report Stats
MEL 103 vs WBU 64 Report Stats
PTA 43 vs RIC 76 Report Stats
View All Fixtures
Round 9
Fri, 29 MayTimes shown AEST
SYD 58 vs CAR 16 LIVE Stats
Sat, 30 MayTimes shown AEST
HAW vs GCF 13:45AS
MEL vs PTA 14:10TIO Traeger Park
WBU vs GWS 16:35ES
RIC vs ESS 19:20MCG
ADE vs FRE 19:40Adelaide Oval
Sun, 31 MayTimes shown AEST
BRI vs STK 13:10G
COL vs NTH 15:20MCG
WCE vs GEE 16:40Domain Stadium
View All Fixtures
Round 10
Fri, 05 JunTimes shown AEST
FRE vs RIC 20:10Domain Stadium
Sat, 06 JunTimes shown AEST
CAR vs ADE 13:40MCG
GCF vs SYD 16:35MS
ESS vs GEE 19:20ES
PTA vs WBU 19:40Adelaide Oval
Sun, 07 JunTimes shown AEST
GWS vs BRI 13:10Spotless Stadium
NTH vs WCE 15:20BA
STK vs HAW 16:40ES
Mon, 08 JunTimes shown AEST
MEL vs COL 15:20MCG
View All Fixtures
Round 11
Fri, 12 JunTimes shown AEST
PTA vs GEE 19:50Adelaide Oval
Sat, 13 JunTimes shown AEST
GCF vs FRE 13:40MS
WCE vs ESS 16:35Domain Stadium
NTH vs SYD 19:20ES
Sun, 14 JunTimes shown AEST
COL vs GWS 13:10MCG
STK vs MEL 16:40ES
View All Fixtures
Round 12
Thu, 18 JunTimes shown AEST
ADE vs HAW 19:50Adelaide Oval
Fri, 19 JunTimes shown AEST
RIC vs WCE 19:50MCG
Sat, 20 JunTimes shown AEST
CAR vs PTA 13:40MCG
GWS vs NTH 16:35Spotless Stadium
WBU vs BRI 19:20ES
Sun, 21 JunTimes shown AEST
GEE vs MEL 15:20SS
View All Fixtures
Round 13
Thu, 25 JunTimes shown AEST
FRE vs COL 20:10Domain Stadium
Fri, 26 JunTimes shown AEST
SYD vs RIC 19:50SCG
Sat, 27 JunTimes shown AEST
HAW vs ESS 13:40MCG
BRI vs ADE 16:35G
STK vs WBU 19:20ES
Sun, 28 JunTimes shown AEST
CAR vs GCF 15:20ES
View All Fixtures
Round 14
Thu, 02 JulTimes shown AEST
SYD vs PTA 19:20SCG
Fri, 03 JulTimes shown AEST
COL vs HAW 19:50MCG
Sat, 04 JulTimes shown AEST
RIC vs GWS 13:40MCG
GCF vs NTH 16:35MS
WBU vs CAR 19:20ES
MEL vs WCE 19:40TIO
Sun, 05 JulTimes shown AEST
ESS vs STK 13:10ES
ADE vs GEE 15:20Adelaide Oval
FRE vs BRI 16:40Domain Stadium
View All Fixtures
Round 15
Thu, 09 JulTimes shown AEST
PTA vs COL 19:50Adelaide Oval
Fri, 10 JulTimes shown AEST
RIC vs CAR 19:50MCG
Sat, 11 JulTimes shown AEST
ESS vs MEL 13:40MCG
WBU vs GCF 16:35CAZ
NTH vs GEE 19:20ES
WCE vs ADE 19:40Domain Stadium
Sun, 12 JulTimes shown AEST
GWS vs STK 13:10Spotless Stadium
HAW vs FRE 15:20AS
BRI vs SYD 16:40G
View All Fixtures
Round 16
Fri, 17 JulTimes shown AEST
NTH vs ESS 19:50ES
Sat, 18 JulTimes shown AEST
GEE vs WBU 13:45SS
GCF vs GWS 14:10MS
COL vs WCE 16:35ES
SYD vs HAW 19:20ANZ
FRE vs CAR 19:40Domain Stadium
Sun, 19 JulTimes shown AEST
MEL vs BRI 13:10MCG
PTA vs ADE 15:20Adelaide Oval
STK vs RIC 16:40ES
View All Fixtures
Round 17
Fri, 24 JulTimes shown AEST
CAR vs HAW 19:50ES
Sat, 25 JulTimes shown AEST
GWS vs GEE 13:45SO
ADE vs GCF 14:10Adelaide Oval
RIC vs FRE 16:35MCG
ESS vs PTA 19:20ES
BRI vs NTH 19:20G
Sun, 26 JulTimes shown AEST
WBU vs COL 13:10ES
MEL vs STK 15:20MCG
WCE vs SYD 16:40Domain Stadium
View All Fixtures
Round 18
Fri, 31 JulTimes shown AEST
HAW vs RIC 19:50MCG
Sat, 01 AugTimes shown AEST
GEE vs BRI 13:45SS
COL vs MEL 14:10MCG
SYD vs ADE 16:35SCG
CAR vs NTH 19:20ES
GCF vs WCE 19:20MS
Sun, 02 AugTimes shown AEST
PTA vs STK 13:10Adelaide Oval
ESS vs WBU 15:20ES
FRE vs GWS 16:40Domain Stadium
View All Fixtures
Round 19
Fri, 07 AugTimes shown AEST
ADE vs RIC 19:50Adelaide Oval
Sat, 08 AugTimes shown AEST
COL vs CAR 13:45MCG
WBU vs PTA 14:10ES
BRI vs GCF 16:35G
GEE vs SYD 19:20SS
WCE vs HAW 19:40Domain Stadium
Sun, 09 AugTimes shown AEST
MEL vs NTH 13:10MCG
GWS vs ESS 15:20Spotless Stadium
STK vs FRE 16:40ES
View All Fixtures
Round 20
Fri, 14 AugTimes shown AEST
SYD vs COL 19:50SCG
Sat, 15 AugTimes shown AEST
ESS vs ADE 13:45ES
NTH vs STK 14:10BA
PTA vs GWS 16:35Adelaide Oval
GEE vs HAW 19:20MCG
BRI vs CAR 19:20G
Sun, 16 AugTimes shown AEST
RIC vs GCF 13:10MCG
WBU vs MEL 15:20ES
FRE vs WCE 16:40Domain Stadium
View All Fixtures
Round 21
Fri, 21 AugTimes shown AEST
HAW vs PTA 19:50ES
Sat, 22 AugTimes shown AEST
COL vs RIC 13:45MCG
GWS vs SYD 14:10Spotless Stadium
GCF vs ESS 16:35MS
STK vs GEE 19:20ES
ADE vs BRI 19:40Adelaide Oval
Sun, 23 AugTimes shown AEST
NTH vs FRE 13:10ES
CAR vs MEL 15:20MCG
WCE vs WBU 16:40Domain Stadium
View All Fixtures
Round 22
Fri, 28 AugTimes shown AEST
GEE vs COL 19:50MCG
Sat, 29 AugTimes shown AEST
GWS vs CAR 13:45Spotless Stadium
HAW vs BRI 14:10AS
NTH vs WBU 16:35ES
ESS vs RIC 19:20MCG
GCF vs PTA 19:20MS
Sun, 30 AugTimes shown AEST
ADE vs WCE 13:10Adelaide Oval
STK vs SYD 15:20ES
FRE vs MEL 16:40Domain Stadium
View All Fixtures
Round 23
Fri, 04 SepTimes shown AEST
COL vs ESS 00:00MCG
RIC vs NTH 00:00ES
HAW vs CAR 00:00MCG
GEE vs ADE 00:00SS
SYD vs GCF 00:00SCG
MEL vs GWS 00:00ES
BRI vs WBU 00:00G
PTA vs FRE 00:30Adelaide Oval
WCE vs STK 02:00Domain Stadium
View All Fixtures
AFL 2015
Overall standings
Team P W L D % Pts
Fremantle 8 8 0 0 155.29 32
West Coast Eagles 8 6 2 0 158.17 24
Sydney Swans 8 6 2 0 127.36 24
GWS Giants 8 6 2 0 118.87 24
Collingwood 8 5 3 0 129.90 20
Adelaide Crows 8 5 3 0 116.32 20
Hawthorn 8 4 4 0 145.81 16
Richmond 8 4 4 0 107.64 16
View all
 
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