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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 78vs RIC 105 Report Stats
Sat, 04 AprTimes shown AEDT
MEL 115vs GCF 89 Stats
SYD 72vs ESS 60 Stats
BRI 74vs COL 86 Stats
WBU 97vs WCE 87 Stats
Sun, 05 AprTimes shown AEST
STK 78vs GWS 87 Stats
ADE 140vs NTH 63 Stats
FRE 75vs PTA 68 Stats
Mon, 06 AprTimes shown AEST
HAW 123vs GEE 61 Stats
View All Fixtures
Round 2
Fri, 10 AprTimes shown AEST
WCE 131vs CAR 62 Stats
Sat, 11 AprTimes shown AEST
RIC 66vs WBU 85 Report Stats
GWS 101vs MEL 56 Stats
COL 63vs ADE 90 Report Stats
GCF 76vs STK 104 Stats
PTA 44vs SYD 92 Stats
Sun, 12 AprTimes shown AEST
GEE 60vs FRE 104 Stats
ESS 78vs HAW 76 Stats
NTH 133vs BRI 51 Stats
View All Fixtures
Round 3
Fri, 17 AprTimes shown AEST
COL 140vs STK 66 Stats
Sat, 18 AprTimes shown AEST
CAR 84vs ESS 105 Stats
ADE 80vs MEL 55 Stats
SYD 111vs GWS 90 Report Stats
NTH 105vs PTA 113 Stats
BRI 58vs RIC 137 Stats
Sun, 19 AprTimes shown AEST
HAW 127vs WBU 57 Stats
GEE 105vs GCF 96 Stats
WCE 81vs FRE 111 Stats
View All Fixtures
Round 4
Fri, 24 AprTimes shown AEST
RIC 51vs MEL 83 Stats
Sat, 25 AprTimes shown AEST
STK 81vs CAR 121 Report Report Stats
ESS 49vs COL 69 Report Stats
GWS 119vs GCF 53 Stats
PTA 99vs HAW 91 Stats
FRE 74vs SYD 60 Stats
Sun, 26 AprTimes shown AEST
BRI 65vs WCE 118 Stats
GEE 67vs NTH 83 Stats
WBU 125vs ADE 68 Stats
View All Fixtures
Round 5
Fri, 01 MayTimes shown AEST
CAR 45vs COL 120 Stats
Sat, 02 MayTimes shown AEST
RIC 76vs GEE 85 Stats
SYD 73vs WBU 77 Stats
GCF 118vs BRI 54 Stats
NTH 70vs HAW 130 Stats
WCE 120vs GWS 33 Stats
Sun, 03 MayTimes shown AEST
MEL 50vs FRE 118 Stats
STK 80vs ESS 82 Stats
ADE 91vs PTA 115 Stats
View All Fixtures
Round 6
Fri, 08 MayTimes shown AEST
COL 59vs GEE 100 Stats
Sat, 09 MayTimes shown AEST
NTH 109vs RIC 74 Stats
WBU 87vs STK 94 Stats
GWS 108vs HAW 98 Stats
GCF 78vs ADE 119 Stats
MEL 50vs SYD 88 Stats
FRE 80vs ESS 52 Stats
Sun, 10 MayTimes shown AEST
CAR 75vs BRI 84 Report Stats
PTA 68vs WCE 78 Stats
View All Fixtures
Round 7
Fri, 15 MayTimes shown AEST
ESS 82vs NTH 93 Stats
Sat, 16 MayTimes shown AEST
ADE 119vs STK 73 Stats
HAW 155vs MEL 50 Stats
CAR 57vs GWS 135 Stats
SYD 120vs GEE 77 Stats
WCE 135vs GCF 43 Stats
Sun, 17 MayTimes shown AEST
WBU 88vs FRE 101 Stats
RIC 105vs COL 100 Report Stats
BRI 102vs PTA 65 Report Stats
View All Fixtures
Round 8
Fri, 22 MayTimes shown AEST
GEE 140vs CAR 63 Report Stats
Sat, 23 MayTimes shown AEST
STK 78vs WCE 131 Report Stats
GWS 108vs ADE 84 Report Stats
GCF 63vs COL 132 Report Stats
HAW 69vs SYD 73 Report Stats
FRE 115vs NTH 42 Report Stats
Sun, 24 MayTimes shown AEST
ESS 136vs BRI 78 Report Stats
MEL 103vs WBU 64 Report Stats
PTA 43vs RIC 76 Report Stats
View All Fixtures
Round 9
Fri, 29 MayTimes shown AEST
SYD 122vs CAR 62 Report Stats
Sat, 30 MayTimes shown AEST
HAW 93vs GCF 40 Report Stats
MEL 54vs PTA 115 Report Stats
WBU 113vs GWS 68 Report Stats
RIC 72vs ESS 59 Report Stats
ADE 57vs FRE 68 Report Stats
Sun, 31 MayTimes shown AEST
BRI 86vs STK 108 Report Stats
COL 112vs NTH 95 Report Stats
WCE 120vs GEE 64 Report Stats
View All Fixtures
Round 10
Fri, 05 JunTimes shown AEST
FRE 70vs RIC 97 Report Stats
Sat, 06 JunTimes shown AEST
CAR 90vs ADE 99 Report Stats
GCF 41vs SYD 93 Report Stats
ESS 53vs GEE 122 Report Stats
PTA 100vs WBU 62 Report Stats
Sun, 07 JunTimes shown AEST
GWS 97vs BRI 67 Report Stats
NTH 85vs WCE 75 Report Stats
STK 69vs HAW 132 Report Stats
Mon, 08 JunTimes shown AEST
MEL 85vs COL 110 Report Stats
View All Fixtures
Round 11
Fri, 12 JunTimes shown AEST
PTA 69vs GEE 92 Report Stats
Sat, 13 JunTimes shown AEST
GCF 46vs FRE 53 Report Stats
WCE 96vs ESS 46 Report Stats
NTH 75vs SYD 91 Report Report Stats
Sun, 14 JunTimes shown AEST
COL 119vs GWS 77 Report Stats
STK 85vs MEL 83 Report Stats
View All Fixtures
Round 12
Thu, 18 JunTimes shown AEST
ADE 85vs HAW 114 Report Stats
Fri, 19 JunTimes shown AEST
RIC 70vs WCE 90 Report Stats
Sat, 20 JunTimes shown AEST
CAR 110vs PTA 106 Report Stats
GWS 61vs NTH 117 Report Stats
WBU 146vs BRI 74 Report Stats
Sun, 21 JunTimes shown AEST
GEE 89vs MEL 113 Report Stats
View All Fixtures
Round 13
Thu, 25 JunTimes shown AEST
FRE 80vs COL 73 Report Stats
Fri, 26 JunTimes shown AEST
SYD 77vs RIC 95 Report Stats
Sat, 27 JunTimes shown AEST
HAW 114vs ESS 76 Report Stats
BRI 69vs ADE 82 Report Stats
STK 56vs WBU 62 Report Stats
Sun, 28 JunTimes shown AEST
CAR 103vs GCF 69 Report Stats
View All Fixtures
Round 14
Thu, 02 JulTimes shown AEST
SYD 94vs PTA 84 Report Stats
Fri, 03 JulTimes shown AEST
COL 91vs HAW 101 Report Stats
Sat, 04 JulTimes shown AEST
RIC 78vs GWS 69 Report Stats
GCF 125vs NTH 70 Report Stats
WBU 64vs CAR 53 Report Stats
MEL 60vs WCE 114 Report Stats
Sun, 05 JulTimes shown AEST
ESS 52vs STK 162 Stats
ADE vs GEE 15:20Adelaide Oval
FRE 84vs BRI 48 Report Stats
View All Fixtures
Round 15
Thu, 09 JulTimes shown AEST
PTA 66vs COL 63 Report Stats
Fri, 10 JulTimes shown AEST
RIC 71vs CAR 41 Report Stats
Sat, 11 JulTimes shown AEST
ESS 69vs MEL 60 Report Stats
WBU 95vs GCF 73 Report Stats
NTH 120vs GEE 79 Report Stats
WCE 147vs ADE 91 Report Stats
Sun, 12 JulTimes shown AEST
GWS 84vs STK 49 Report Stats
HAW 115vs FRE 43 Report Stats
BRI 49vs SYD 70 Report Stats
View All Fixtures
Round 16
Fri, 17 JulTimes shown AEST
NTH 93vs ESS 68 Report Stats
Sat, 18 JulTimes shown AEST
GEE 72vs WBU 64 Report Stats
GCF 79vs GWS 94 Report Stats
COL 56vs WCE 87 Report Stats
SYD 57vs HAW 146 Report Stats
FRE 95vs CAR 53 Report Stats
Sun, 19 JulTimes shown AEST
MEL 60vs BRI 36 Report Stats
PTA 113vs ADE 116 Report Stats
STK 73vs RIC 89 Report Stats
View All Fixtures
Round 17
Fri, 24 JulTimes shown AEST
CAR 35vs HAW 173 Report Stats
Sat, 25 JulTimes shown AEST
GWS 42vs GEE 69 Stats
ADE 125vs GCF 80 Stats
RIC 78vs FRE 82 Stats
ESS 116vs PTA 129 Stats
BRI 38vs NTH 110 Report Stats
Sun, 26 JulTimes shown AEST
WBU 104vs COL 86 Report Stats
MEL 46vs STK 83 Report Stats
WCE 103vs SYD 51 Report Stats
View All Fixtures
Round 18
Fri, 31 JulTimes shown AEST
HAW 53vs RIC 71 Report Stats
Sat, 01 AugTimes shown AEST
GEE 113vs BRI 57 Stats
COL 54vs MEL 91 Report Stats
SYD 117vs ADE 65 Report Stats
CAR 54vs NTH 118 Report Stats
GCF 83vs WCE 83 Report Stats
Sun, 02 AugTimes shown AEST
PTA 112vs STK 49 Report Stats
ESS 40vs WBU 127 Report Stats
FRE 84vs GWS 63 Report Stats
View All Fixtures
Round 19
Fri, 07 AugTimes shown AEST
ADE 88vs RIC 52 Report Stats
Sat, 08 AugTimes shown AEST
COL 105vs CAR 87 Report Stats
WBU 128vs PTA 64 Report Stats
BRI 100vs GCF 114 Report Stats
GEE 95vs SYD 63 Report Stats
WCE 74vs HAW 88 Report Stats
Sun, 09 AugTimes shown AEST
MEL 92vs NTH 127 Report Stats
GWS 93vs ESS 61 Report Stats
STK 59vs FRE 96 Report Stats
View All Fixtures
Round 20
Fri, 14 AugTimes shown AEST
SYD 87vs COL 76 Report Stats
Sat, 15 AugTimes shown AEST
ESS 59vs ADE 171 Report Stats
NTH 120vs STK 83 Report Stats
PTA 111vs GWS 90 Report Stats
GEE 85vs HAW 121 Report Stats
BRI 131vs CAR 67 Report Stats
Sun, 16 AugTimes shown AEST
RIC 138vs GCF 55 Report Stats
WBU 153vs MEL 55 Report Stats
FRE 80vs WCE 104 Report Stats
View All Fixtures
Round 21
Fri, 21 AugTimes shown AEST
HAW 86vs PTA 108 Report Stats
Sat, 22 AugTimes shown AEST
COL 56vs RIC 147 Report Stats
GWS 44vs SYD 133 Report Stats
GCF 97vs ESS 95 Report Stats
STK 97vs GEE 97 Report Stats
ADE 131vs BRI 44 Report Stats
Sun, 23 AugTimes shown AEST
NTH 94vs FRE 83 Report Stats
CAR 78vs MEL 55 Report Stats
WCE 162vs WBU 85 Report Stats
View All Fixtures
Round 22
Fri, 28 AugTimes shown AEST
GEE 62vs COL 110 Report Stats
Sat, 29 AugTimes shown AEST
GWS 114vs CAR 51 LIVE Stats
HAW 95vs BRI 56 LIVE Stats
NTH ($1.67)vs WBU ($2.25) 16:35ES
ESS ($6.75)vs RIC ($1.12) 19:20MCG
GCF ($3.30)vs PTA ($1.35) 19:20MS
Sun, 30 AugTimes shown AEST
ADE ($2.05)vs WCE ($1.80) 13:10Adelaide Oval
STK ($4.50)vs SYD ($1.22) 15:20ES
FRE ($1.08)vs MEL ($8.50) 16:40Domain Stadium
View All Fixtures
Round 23
Fri, 04 SepTimes shown AEST
RIC vs NTH 19:50ES
Sat, 05 SepTimes shown AEST
GEE ($2.00)vs ADE ($1.75) 13:05SS
BRI vs WBU 13:45G
PTA ($1.75)vs FRE ($2.00) 15:50Adelaide Oval
HAW vs CAR 16:40MCG
SYD ($1.02)vs GCF ($12.00) 19:20SCG
WCE ($1.11)vs STK ($6.25) 19:40Domain Stadium
Sun, 06 SepTimes shown AEST
MEL vs GWS 13:10ES
COL vs ESS 15:20MCG
View All Fixtures
AFL 2015
Overall standings
Team P W L D % Pts
Fremantle 20 16 4 0 122.19 64
West Coast Eagles 20 15 4 1 150.85 62
Hawthorn 20 14 6 0 154.20 56
Sydney Swans 20 14 6 0 118.16 56
Richmond 20 13 7 0 120.22 52
Western Bulldogs 20 13 7 0 116.09 52
North Melbourne 20 13 7 0 110.91 52
Adelaide Crows 19 12 7 0 116.41 50
View all
 

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