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Organised crime and drugs in sport investigation part III

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A player cannot admit to something he doesn't know.

He can say we had supplements, given like this and that. We were told it was all clear blah, blah.

Anyway, regardless of that ASADA can recommend, the NRL and AFL decide the penalty. The player or official can then appeal and the balance of evidence would e taken into consideration as to decision.

Long way from being over for both codes.

Don't forget this goes beyond the Sharks in the NRL. With even Des being interviewed with other Manly staff, they have something they are chasing there.

All points to Dank.
 

El Diablo

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Interesting to see how those two clauses play out in the Essendon and Sharks cases. I fail to see how Essendon players could argue 10.5.2 applies to them. Watson has admitted signing a consent form, and that he knew that he was being injected with AOD9604. Hard to argue "no significant fault or negligence" when you know exactly what is going into your body, but not whether it is legal or not. Should he so wished, he could have checked with ASADA himself. It's not like in the Sharks situation where it appears that non of players had much of an idea as to what they were taking.

Alternatively, I'd doubt many Sharks (at present) would be eligible for a reduction in section based on section 10.5.3, as they have been giving the investigation the bird from day one by all reports. The Bombers though may have been demes to have been giving enough assistance to ASADA to "earn" a reduction.

http://www.smh.com.au/rugby-league/...only-way-to-mitigate-bans-20130317-2g9bx.html

In an exclusive interview with Fairfax Media, Australian Sports Anti-Doping Authority chief executive Aurora Andruska also exploded some of the myths around the drugs crisis involving NRL and AFL clubs. There are three defences against a doping charge: "A doctor stuck a needle in me while I was having an operation", "I was assured the product I was taking was not on the banned list" and the "substantial assistance" option.

"The only time a zero sanction has been given was when the athlete has been unconscious during surgery by a doctor," Andruska said. "That is a very high bar.

"To get a zero sanction on the second defence, the bar is also very high. In my period at ASADA, I am yet to see that defence sustained."
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This defence would require the athlete proving he had asked multiple questions of doctors, trainers and the ASADA hotline before taking the substance. Media reports cite it as a potential get out of jail card but, given the regular injections taken by the NRL and AFL players who have relied on the word of a sports scientist, it seems an impossible defence.
 

Spot On

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Yes it is but penalties have not been handed out to anyone yet. We have one player in afl admitting taking a banned drug and a cronulla official admitting administering banned drug to numerous players. The evidence will see bans, process will run and time will tell.

..... and what do you think might happen if several Cronulla players hold a press conference today and tell the world they knowingly took banned substances???
 

madunit

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Just heard the following on the radio:

Apparently James Hird has now got himself a QC whose main objective is to prevent the findings of ASADA into Essendon's supplement program from being made public, whether they are guilty or not.

Apparently no Essendon player has yet to be formally asked to be interviewed by ASADA.

ASADA's report into Essendon is likely to be ready today but is expected to be released early next week.

Ih, and Jobe Watson is playing this weekend.
 

El Diablo

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http://www.theaustralian.com.au/spo...yer-blasts-asada/story-fnca0von-1226689773316

Stephen Dank's lawyer blasts ASADA

by: Brent Read
From: The Australian
August 02, 2013 12:00AM

THE barrister acting for sports scientist Stephen Dank renewed his attack on the Australian Sports Anti-Doping Authority last night - only hours after interviews were resumed with players and officials from across the NRL.

Gregory Stanton, who has been a thorn in the side of ASADA since the investigation began into Dank's practices in both the AFL and NRL, described ASADA and the World Anti-Doping Agency as being neither "astute nor focused" and reiterated that his client was looking forward to the day he could confront the allegations made against him.

Stanton's comments came as ASADA resumed the interview process by grilling former Cronulla trainer Mark Noakes for three hours in Sydney.

Noakes, who has been reinstated by the Sharks, is expected to resume employment with the club in coming days.

It is understood the Sharks wanted him to complete his ASADA interview before returning to the club.

That interview has now taken place - the first of many expected in coming weeks as ASADA resumes the interview process that was put on hold in May when investigators became frustrated with what they perceived as a lack of co-operation from Sharks player Wade Graham.

Investigators are expected to speak to 30 current NRL players as well as club officials as part of the process, which could ultimately lead to infraction notices and potential suspensions being handed down against players.

Already, speculation has emerged that one player is weighing up whether to take a six-month ban.

Dank is yet to be interviewed by ASADA, but he is expected to receive a notice as the anti-doping agency takes advantage of new laws that cater for fines if people refuse to co-operate.

The laws are understood to have come into force yesterday with fines of more than $5000 for each day persons fail to comply with interview requests.

Dank is not concerned. "This authority is neither astute nor focused. I anticipate a lawyers' feast awaits us," Stanton said.

"We anxiously await the revelation of the sources upon which their science and medicine are based. The opportunity to challenge the regulatory authorities in a forum/tribunal not under their control and governance is one Dank and his advisers relish with heartfelt anticipation."

The Sharks' decision to reinstate Noakes prompted the resignation of interim chief executive Bruno Cullen.

Noakes, who is not expected to travel to Auckland with the team this weekend, has reportedly provided written statements to the Sharks' own independent investigation, in which he alleged the players were given GHRP-6 and CJC-1295 over an 11-week period in 2011.

While Noakes's session signals the start of the interview process, it is far from the end. NRL chief executive Dave Smith indicated it was likely to take months rather than weeks.

"What you have found with ASADA because of the way the issue emerged, and the way it has been so public, is everything seems to have meshed together," Smith said. "You have people's view on the performance of the government, ASADA, what the ACC should or shouldn't have done, what the NRL should or shouldn't have done.

"We have been clear from the start. They are serious allegations and they demanded a serious investigation, which was never going to be short-term."
 

El Diablo

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Apparently James Hird has now got himself a QC whose main objective is to prevent the findings of ASADA into Essendon's supplement program from being made public, whether they are guilty or not.

Apparently no Essendon player has yet to be formally asked to be interviewed by ASADA.

ASADA's report into Essendon is likely to be ready today but is expected to be released early next week.

Ih, and Jobe Watson is playing this weekend.

http://www.theaustralian.com.au/spo...to-take-on-asada/story-fnca0u4y-1226689794682

James Hird hires QC to take on ASADA

by: Chip Le Grand
From: The Australian
August 02, 2013 12:00AM

JAMES Hird has engaged prominent human rights barrister Julian Burnside QC to protect his interests, as the Australian Sports Anti-Doping Authority prepares to hand down the findings of its six-month investigation into drug use at Essendon Football Club.

The silk will lead Hird's response to the ASADA report including, potentially, an injunction against its contents being made public if the investigation fails to show that any Essendon players took a banned substance throughout last year's AFL season.

The increasingly hard-nosed attitude of Hird and Essendon towards the ASADA probe will pit coach and club against the AFL, which is assisting the anti-doping agency in a joint investigation. AFL chief executive Andrew Demetriou has stated his determination for ASADA to make its report public regardless of findings.

Hird and the club are concerned the involvement of the AFL in hearings and a leak of material provided to investigators may have "polluted" the case.

The AFL described the concerns as a "contrived argument".

"Once the AFL receives the ASADA report we will let the facts speak for themselves," an AFL spokesman said.

Essendon's stance follows the elevation of former Toll Holdings managing director Paul Little to club president in the place of David Evans, who was perceived by some at Essendon to be too close to Mr Demetriou throughout the drugs scandal.

Mr Little yesterday savaged claims against Hird made by Dean Robinson, the club's high-performance manager last year, in a paid interview with the Seven Network.

Robinson accused Hird of lying about his role in the scandal and criticised the club for pandering to the revered club champion. Mr Little described Robinson as a "disgruntled, disaffected and discredited ex-employee".

"This interview was an unjustified personal attack on one man which deeply offends Essendon, its staff and its players," he said.

Club lawyers were examining a number of allegations against Hird that were broadcast.

Hird responded to some of the allegations, denying that his home had ever been raided by the Australian Federal Police; that he had taken regular injections of a banned peptide called Hexalerin; and that he had spoken to a New York doctor about an undetectable testosterone cream.

Robinson made the same claims in his testimony to ASADA investigators.

The Australian has confirmed that Robinson is in financial dispute with a lawyer he hired to prevent Essendon terminating his contract last September, before news of the doping scandal broke.

Robinson has declined to pay outstanding legal fees to solicitor Chris Pollard, engaged by Robinson when the club suggested he should look for work elsewhere.

The involvement of Mr Pollard and risk of a damages claim -- in addition to the $600,000 that Essendon would have paid out to Robinson for the remaining two years of his contract -- persuaded the club to keep him on staff.

Robinson was stood down by Essendon on February 5 this year after the club confessed to the AFL that its supplement program designed by Robinson and sports scientist Stephen Dank might have spun out of control.

Robinson could not be contacted for comment.
 

El Diablo

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http://www.smh.com.au/rugby-league/...ome-through-doping-ordeal-20130801-2r2ak.html

Dank backs clubs, Hird to come through doping ordeal

Date
August 2, 2013

Adrian Proszenko, Brad Walter

Stephen Dank remains adamant Cronulla and Essendon have nothing to fear from the Australian Sports Anti-Doping Authority investigation and has backed James Hird to continue as coach at the embattled Bombers.

On another dramatic day in Australia's sports doping saga, reinstated Sharks trainer Mark Noakes became the first person to be grilled by ASADA since interviews were cancelled in April, while the fallout continued from Wednesday night's explosive Dean Robinson interview.

The sacked Essendon high-performance manager laid bare his relationship with Hird and Dank, saying repeatedly during the 45-minute interview with Channel Seven's Luke Darcy that he had ''trusted'' the sports scientist - and suggested the Sharks players had, too.

''I know the players trusted Steve and I have been told that CJC-1295 wasn't a banned substance, so the players at Cronulla and any other club that Steve worked at trusted him, as I did,'' Robinson said.

It was reported that Dank had told Robinson ''many of his secrets, including [about] the supplements regime at Cronulla'' in 2011.

Robinson said one of the substances included CJC-1295, a synthetic peptide which stimulates the release of growth hormone from the pituitary gland and can speed recovery if injected to an injured area.

While Dank wouldn't be drawn on Robinson's television interview, he said players from both codes had nothing to fear as ASADA pushes towards a conclusion of its investigations.

''I don't want to comment on the interview with Dean Robinson, I'm happy for the dust to settle between him and Essendon over this,'' Dank said. ''There are obviously a number of issues there and I'll leave it to them to work it out. But I reaffirm my views that Essendon and Cronulla won't have any issues at all with ASADA or WADA. And I believe Hird should remain coach.''

Robinson had worked with Dank at Manly and said he had introduced him to Hird after joining Essendon last year. ''James Hird asked for someone to work in the supplementation and the only name I raised was Steve Dank,'' Robinson said.

However, his relationship with both Dank and Hird is now clearly strained.

''I would have called us mates,'' he said of Dank. ''I trusted the guy, I openly and honestly trusted him. I trusted him with my pregnant wife and her supplementation, and her health. In my pregnant wife was my two unborn children at the time, my two sons, so I trusted the guy. I put my family at risk with the guy, so I think you can see how much I trusted him.''
 

elbusto

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http://www.news.com.au/sport/afl/sai...-1226689761569

'If ASADA bans him for two years for consuming an energy drink containing a banned substance, supporters will wonder if the punishment fits the crime.
Contrast it with a supplements regime at Essendon where players could escape punishment despite a systematic "pharmacologically experimental" year-long campaign.'

Now this is something I think we can all agree about!
 

elbusto

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https://www.facebook.com/AflOffSeasonInformationSeasonNews/posts/367702093358988#


AFL Season Information & Off Season News · 18,359 like this
4 minutes ago · https://www.facebook.com/AflOffSeasonInformationSeasonNews/posts/367702093358988#



  • Breaking News:

    The AFL has called a press conference for General Counsel's Andrew Dillon to make a statement. He will take no questions from the media. It is expected to surround the ASADA investigation into Essendon. The press conference will be at 7:40 EST tonight.




 
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