Suspended Essendon captain Jobe Watson has detailed his and the players' devastation at the Court of Arbitration for Sport verdict, which banned 34 past and present Bombers from the sport for the 2016 season.
In a statement released on Wednesday, Watson, whose 2012 Brownlow medal is under review by the AFL, said they were struggling to come to terms with the decision, and maintained their innocence.
Essendon players, including captain and 2012 Brownlow medallist Jobe Watson, will be required to miss the 2016 season.
Essendon players, including captain and 2012 Brownlow medallist Jobe Watson, will be required to miss the 2016 season.
"The decision announced by the Court of Arbitration for Sport to uphold WADA's appeal is devastating," Watson said.
Advertisement
"We are struggling to come to terms with this decision, and feel it does not support the players' firm belief that we are innocent.
"Our legal team is conducting a thorough review of the decision and will explore any avenues available to us."
There are two different avenues of legal action the players are considering.
In what would be a desperate bid to over-turn or, at least, reduce the CAS sanction, the players would have to appeal via a Swiss tribunal, and this is allowed only on limited grounds.
The CAS website says this would include "a lack of jurisdiction, violation of elementary procedural rules [e.g. violation of the right to a fair hearing] or incompatibility with public policy".
While the players' legal team remain angry with the decision, it would be a particularly tough case to win on appeal, for CAS was damning in the manner in which the players allowed the secret program to go ahead without really questioning it or even informing Australian Sports Anti-doping Authority testers on match day.
It would also be another expensive exercise, for CAS ruled 75 per cent of the costs of the initial hearing before the three-man panel be borne by the players, and 25 per cent by the AFL.
Former Bomber Nathan Lovett-Murray, also one of the 34 players, took to Twitter on Wednesday to declare: "To my Essendon teammates we are not drug cheats. The system is corrupt and we will fight this. Do not give up the fight."
Lovett-Murray is unable to complete his role as a player-coach at an Aboriginal club in Shepparton because of the suspension.
The players will also strongly consider legal action against the Bombers, and possibly the AFL, for a breach of health and safety. AFL Players Association chief Paul Marsh said on Tuesday the chances of legal action of this kind was "very high", although his preference is to settle out of court.
One player agent said Watson alone could pursue a case for more than $5 million, such could be the healthy and safety costs against the Bombers and his loss of earnings, particularly if he was stripped of the Brownlow.
Worksafe Victoria has already found the Bombers guilty of having an unsafe workplace in 2012 when Stephen Dank ran his injecting program. Dank maintains he did not give the players anything illegal.
Watson's father, Tim, also an Essendon great, said on Wednesday his son could walk away from the game if he had a year off. Jobe Watson would be 32 by the time the 2017 season began.
It is understood there was a meeting of player agents on Wednesday, where all issues were discussed.
"The players would like to thank our families, our friends, our members and supporters for their unwavering support," Watson said.
"We would also like to thank the AFLPA for their ongoing support throughout the last three years.
"We will not be making any further comment and ask the media to please respect our privacy during this extremely challenging period."
Read more:
http://www.theage.com.au/afl/afl-ne...gal-action-20160113-gm4zzo.html#ixzz3x6Y5vr1p
Follow us: @theage on Twitter | theageAustralia on Facebook
Still no admissions of any guilt