Advice for Sharks players to boycott ASADA
By Brad Forrest
April 30, 2013, 5 a.m.
A SYDNEY lawyer has strongly advised Cronulla Sharks players not to supply any information that may incriminate themselves — and not to do any further interviews with drug agency investigators.
Forward star Wade Graham was the first of 10 players given Australian Sports Anti-Doping Authority (ASADA) interviews yesterday in Sydney, accompanied by his lawyer.
The Sharks and their managers have agreed to the 10 being interviewed, with the NRL stepping in last week to expedite the interview process after ASADA officials wanted to delay proceedings, and sought a day for each of the 10 players.
The Leader understands that all players have a different lawyer.
However, lawyer Zali Burrows strongly questioned the NRL agreement with ASADA, telling the Leader players were under ‘‘no compulsion or contractual obligation’’ to attend interviews.
‘‘The NRL is ascribing to make it a compulsive investigation, yet the ASADA Act does not provide to compel a player to a coercive examination,’’ said Burrows, who was contacted independently by one player.
‘‘An ASADA interview is voluntary, it is not under oath and without caution.
‘‘ASADA cannot compel witnesses to attend or waive privilege against self-incrimination.
‘‘In that context if the player is a non-attendee and it is deemed to be a contract breach, that is nonsense.’’
She said ASADA did not have powers to conduct coercive questioning. ‘‘Requests for interview are merely an invitation only,’’ she said.
‘‘If this is a criminal investigation then the police should be [involved].
‘‘If ASADA assures players that they will not be asked incriminating questions then will they or have they been asked questions to incriminate others? This could be deemed a fishing expedition.
‘‘Adverse findings can destroy a career and devastate a player, and as such the NRL should not be a party to acting on any adverse findings that were founded by intimidation and a surrender of fundamental human rights.’’
Bruno Cullen, the Sharks’ interim chief executive who confirmed Graham was the first of the 10 to start interviews (away from the club), said he and Sharks’ football manager Steve Noyce had received advice that players would not have to incriminate themselves in interviews.
