12 current Essendon players, including captain Jobe Watson, and five former players now at rival clubs have been found guilty of using banned substance Thymosin beta-4 during the 2012 season.
The stunning verdict by the Court of Arbitration for Sport (CAS) overturned the AFL anti-doping tribunal’s ruling which was later appealed by WADA.
The CAS was comfortably satisfied there was enough evidence to suggest the players took the banned substance in 2012.
It has been reported Essendon players will still be able to appeal today’s verdict through the Swiss Federal Tribunal because the CAS is located in Lausanne, Switzerland.
Essendon chairman Lindsay Tanner confirmed the verdict in a short statement issued by the club.
“Regrettably we can confirm the Court of Arbitration for Sport has found 34 past and present players guilty of committing an anti-doping rule violation,” Tanner said.
“As a result, the players — including 12 currently listed with Essendon — have been suspended for the 2016 season. The club is currently digesting the decision and we will provide a further update later today.”
The 12 banned current Essendon players are reportedly Watson, Dyson Heppell, Michael Hurley, Cale Hooker, Brent Stanton, Michael Hibberd, David Myers, Tayte Pears, Ben Howlett, Tom Bellchambers, Heath Hocking and Travis Colyer.
Jake Carlisle (St Kilda), Jake Melksham (Melbourne), Paddy Ryder (Port Adelaide), Angus Monfries (Port Adelaide) and Stewart Crameri (Western Bulldogs) have been identified as the five players at rival clubs that were on Essendon’s playing roster for the 2012 season.
All 34 players cited in the WADA appeal have been banned until November 13 this year.
However, Watson and retired champion Dustin Fletcher are banned for a further eight days until November 21 because of their selection in the International Rules series.
The verdict could see Watson stripped of his Brownlow Medal from 2012.
Hawthorn’s Sam Mitchell and Richmond’s Trent Cotchin finished second in the count that year.
ASADA’s investigations into doping in Australian sport within the NRL and AFL has now resulted in 47 players across both codes being found guilty of doping after Cronulla players also accepted back-dated doping bans that essentially saw them suspended for just a few matches at the end of the 2014 NRL season.
THE AFL commission is holding an emergency meeting today to assess the situation with chief executive Gillon McLachlan and chairman Mike Fitzpatrick to hold a press conference later on Tuesday.
THE REPLACEMENTS
AFL chief executive Gillon McLachlin has outlined the incredible measures it has put in place to allow Essendon extraordinary recruiting powers to field a team in 2016.
Losing 12 current players for the entire 2016 season, Essendon will be given roster and salary cap exemption to recruit and promote players onto their senior list.
After an emergency meeting of the AFL Commission and AFL executive, McLachlan announced Essendon has agreed to the newly created recruiting powers.
“The AFL has consulted with the Essendon Football Club and the AFLPA and our decisions are as follows: Essendon may upgrade all of its five rookie-listed players to the senior list as a one-for-one replacement, as the suspended players they are replacing had long-term injuries,” McLachlan said.
“Essendon will be granted the ability to sign up to 10 extra players to its list by powers granted by the commission.
“Extra payments to supplementary players will be included in the club’s salary cap but Essendon will receive an allowance for payments to supplementary players over the capped limit.”
McLachlan admitted Essendon has a tough season ahead, but believes the club will still be able to field an AFL-level team.
“In summary, it is the AFL’s view that Essendon must be able to field a competitive team,” he said.
“The AFL has already acted against the Essendon Football Club with the penalties handed down in 2013 and there will be no further action against the Essendon Football Club by the AFL on this matter.
“This has been a sorry stain on our game but it will not define the Essendon club.”
The AFL has also advised Melbourne (one player), St Kilda (one player), Western Bulldogs (one player) and Port Adelaide (two players) can also immediately upgrade a rookie to the senior list as a replacement for the suspended former Essendon players on their list.
Meanwhile, McLachlan said Essendon captain Jobe Watson’s Brownlow Medal win will be reviewed.
THE AFL’S BIG MISTAKE
JOBE Watson’s Brownlow Medal he won in 2012 is under threat given he is one of the Essendon players banned for their role in the doping saga.
But rather than strip him of the award right away, the former Essendon skipper will be given the chance to plead his case in front of the AFL Commission in February in an effort to hold onto the game’s highest individual honour.
This was the wrong call according to leading AFL journalist Mark Robinson. Speaking on Fox Footy’s AFL 360 program on Tuesday night, Robinson said Watson should never have been offered the chance to fight for his medal.
“I think the AFL Commission shouldn’t have invited him in,” said Robinson.
“This is not right, this is not right. This person’s got a lot of dignity and a lot of class and I think that will shine out in the end.”
Robinson did, however, understand why the AFL made the decision it did, acknowledging the backlash they would have faced had they stripped him of the award on one of the worst days of his life.
Co-host Gerard Whateley said Watson shouldn’t wait until February, and instead should give the Brownlow back voluntarily.
“Don’t go and plead for it, don’t go and beg for it, don’t get stripped of it. Just hand it back,” said Whateley.
THE VERDICT
THE CAS has released a 48-page document reasoning its verdict into WADA’s appeal of Essendon’s not guilty verdict handed down by the AFL ant-doping tribunal.
“The appeal filed by WADA against the Australian Football League (AFL) Anti-Doping Tribunal’s decision of 31 March 2015 is upheld and the appealed decision is set aside,” the CAS said in a statement.
“The 34 players concerned are sanctioned with a period of ineligibility of two years, commencing on 31 March 2015, with credit given for any individual period of ineligibility already served. Thus, most of the suspensions will come to an end in November 2016.
“The arbitration procedure was conducted by a panel of CAS arbitrators: the Hon. Michael J. Beloff QC, barrister in London, United Kingdom (President), Mr. Romano Subiotto QC, SolicitorAdvocate in Brussels, Belgium, and the Hon. James Spigelman AC QC, barrister in Sydney, Australia and London, United Kingdom.
“The Panel held a hearing with the parties in Sydney, Australia from 16 to 20 November 2015. In its Arbitral Award, the Panel found to its comfortable satisfaction that Clause 11.2 of the 2010 AFL Doping Code (use of a prohibited substance) has been violated and found by a majority that all players were significantly at fault.”
It was ruled the 34 Bombers players did not qualify to have their bans reduced on the grounds of no significant fault.
‘BEMUSING AND HARD TO UNDERSTAND’
ESSENDON chairman Lindsay Tanner and CEO Xavier Campbell spoke to the media on Tuesday afternoon and, unsurprisingly, were devastated by today’s events.
Tanner’s concern was for how the players had been treated.
“Today’s finding is extremely disappointing and heartbreaking for the players,” Tanner said.
“The penalties imposed on the 34 players is manifestly unfair.
“We had prepared for this scenario, but did not think it was likely. We don’t believe that the finding was justified.”
Campbell addressed the payment issue, saying all players who received bans would still be paid by the club. He also said that although they will not be able to come to the club while serving their ban, they can still train as a group.
He went on to express his dismay at how such a different decision was reached in comparison to the initial ruling by the AFL anti-doping tribunal.
“To think that these two decisions can be so vastly different on the same evidence is bemusing and hard to understand,” Campbell said.
The club was confident it will recover from the doping nightmare, and will meet with the AFL tomorrow to come up with a timeline for securing top-up players.
JAMES HIRD STATEMENT
JAMES Hird has maintained the players’ innocence in the face of the damning Court of Arbitration for Sport appeal verdict.
The Essendon legend and disgraced coach issued a statement today, describing the CAS ruling as a “miscarriage of justice”.
“I am shocked by this decision,” he said.
“I firmly believe the players do not deserve this finding.
“They do not deserve to face a twelve month suspension from the sport.
“This is a miscarriage of justice for 34 young men.
“I will not be making any further comment today. I intend to make further comment later in the week.”
IT MIGHT NOT BE OVER YET
AFL Players’ Association boss Paul Marsh said the probability of banned Essendon players taking legal action against the club was “very high”.
He slammed the club for putting the players in such a terrible position and suggested Essendon was willing to accept responsibility for their wellbeing.
“You can take this down a long-winded legal path or you can look to settle this with the club. We have had those discussions with the club, with the AFL and that is the sort of direction we’d like to start in and let’s see how it goes,” Marsh said.
THE ASADA VICTORY
THE Australian Sports Anti-Doping Authority (ASADA) was vindicated by the extraordinary CAS verdict from Switzerland on Tuesday.
Almost four years since the Australian Crime Commission first investigated widespread doping in Australian professional sport, ASADA’s investigation into banned substance use in the AFL netted its biggest fish.
ASADA issued a statement on Tuesday to declare key evidence used in the WADA appeal to prove Essendon players were injected with a prohibited substance was provided by ASADA.
“The evidence included text messages outlining a plan to source Thymosin Beta 4 for the purpose of doping the Essendon team, testimonies from players and officials, and a scientific analysis of substances sourced for the team,” an ASADA statement said.
“It is the same evidence ASADA presented to the AFL Tribunal, however the different outcome represents the proper application of the burden of proof — comfortable satisfaction — as intended by the World Anti-Doping Code.”
ASADA chief executive Ben McDevitt said the CAS verdict brings the entire saga to a close.
“This unfortunate episode has chronicled the most devastating self-inflicted injury by a sporting club in Australian history,” McDevitt said.
“There were very little grounds for the players to claim they were at no significant fault.
“The players had received anti-doping education through the AFL and ASADA, and were well aware that they are personally responsible for all substances that entered their body.
“Unfortunately, despite their education, they agreed to be injected with a number of substances they had little knowledge of, made no enquiries about the substance and kept the injections from their team doctor and ASADA.”
“Of 30 ASADA testing missions during the period in question, none of the 18 players tested declared the injections, despite being asked each time whether they had taken any supplements.”
“At best, the players did not ask the questions, or the people, they should have. At worst, they were complicit in a culture of secrecy and concealment.”
“The CAS result brings this matter to a close and ASADA looks forward to continuing to work with all sporting codes to promote a clean and fair sporting environment.”
THE OTHER CLUBS IMPACTED
PORT Adelaide has confirmed it is devastated for star recruits Angus Monfries and Paddy Ryder.
The pair were suspended from the 2016 AFL season for their involvement in Essendon’s 2012 supplements program.
Power football manager Chris Davies said the club was extremely disappointed to lose the two former Bombers players until November.
“Clearly, we are extremely disappointed with today’s outcome and in particular we are devastated for Angus and Paddy who have been through so much already,” said Davies.
“This has been a long, drawn out process for both of them and we are most unhappy that it has ended with such a significant suspension.
“First and foremost, we will look to support Angus and Paddy in every possible way during their time on the sidelines.”
St Kilda, Western Bulldogs and Melbourne will also be without players in 2016 as a result of suspensions handed down by the Court of Arbitration for Sport on Tuesday.
The Western Bulldogs confirmed in a statement it was reviewing the punishments handed down to Stewart Crameri and Brent Prismall.
St Kilda also issued a statement, saying star recruit Jake Carlisle is devastated by his ban.
HOW THEY REACTED
BOMBERS great Matthew Lloyd has questioned if Dons captain Jobe Watson will ever play football again.
The former full-forward said it is possible that Watson could be so disillusioned by today’s events he will never return to the AFL.
“Watson, 30 years of age, gone for one year. Do we ever see him play again?” Lloyd told 3AW today.
He told Channel 9, Essendon never contemplated being in such a helpless position.
“That is the club’s and the AFL’s worst nightmare,” Lloyd told Channel 9.
The man at the centre of Essendon’s 2012 supplement saga Stephen Dank reportedly declared his refusal to accept blame for the players’ punishments, saying the court’s verdict is unjust.
“This is corruption at its highest,” he said.
“These guys have done nothing wrong and there is no evidence as such.”
THE STORM BEFORE THE STORM
WADA initially appealed the ruling through the CAS in a hearing in Sydney in November.
It has been reported Essendon players and staff have come together at the club to hear the verdict — except for the 12 current players directly involved.
Those 12 players have also gathered together at a secret location in Melbourne, according to The Herald Sun.
The club is yet to release any official communication, but did post its support for the players on social media.
Dons coach John Worsfold last week described the morale within his team as a mix of anxiousness and relief.
“What we’ve talked a lot about is that they (the players) have no control so let’s focus on what we can control, but that doesn’t take away any anxiety that they may feel,” Worsfold said.
“We’ve got people around the club that have constantly kept the players informed and talked to them and will be on hand next week as well.”
The club also released a statement last week confirming it expects a verdict on Tuesday.
“Essendon Football Club can confirm the 34 players, past and present, have been advised that a decision from the Court of Arbitration for Sport will be handed down on the morning of Tuesday January 12,” the statement said.
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