ASADA considering Essendon appeal

ASADA says an appeal against the AFL anti-doping tribunal's decision to clear 34 current and former Essendon players is a "very live option".

Essendon players

(AAP)

Just as the sun began to shine on sport's darkest day, the clouds have rolled back in.

The AFL Anti-Doping Tribunal has cleared 34 past and present Bombers of taking a banned substance but the saga is set to continue with ASADA chief executive Ben McDevitt indicating the authority was considering an appeal.

"The first questions people will want to ask are, 'Is ASADA going to appeal, are we considering an appeal'? The answer to that is yes we are," McDevitt told media in Canberra.

ASADA has 21 days to appeal the decision, but in the meantime the tribunal must decide on the fate of the so-called architect of the supplements program, biochemist Stephen Dank.

Dank has already been banned from the NRL over his involvement in the Cronulla Sharks supplement program, and faces a similar fate in the AFL if found guilty of administering the banned peptide thymosin beta-4.

Ben McDevitt called on Dank to come clean.

"We now find ourselves in a position where numerous players simply do not know what they received. l call on you once again Stephen Dank, if you've got records produce them."

But ASADA had no powers to make Stephen Dank comply. It's an issue that Greens Senator Richard Di Natale wants addressed.

"The darkest day in Australian sport and three years later we have a finding of not guilty for the players, those two things are incongruous. We've got to find out why this happened," he said.

ASADA has defended its handling of the case, attributing delays to federal court actions - including those involving Bombers coach James Hird.

But Senator Di Natale said two years had been too long, and he wanted an inquiry.

"You've got to ask some serious questions about the whole process. Was the laying of the charges the right thing to do? Was there enough evidence to do that? Does ASADA have the appropriate powers to do what it needs to do? Is it resourced enough to do what it's supposed to do?"

ASADA indicated the ruling of the tribunal on Stephen Dank may affect its appeal, but Ben McDevitt remained scathing of Essendon's 2012 supplements program, calling it an injections regime.

"We heard yesterday in the media about one of those young men Jobe Watson about the sort of stress placed on those players on those individuals. They've been used as pin cushions and we don't know what's been injected into them."

The potential health effects of the supplements program may lead to more legal action.

Sports lawyer Paul Horvath said the lack of records could hinder any civil action on behalf of the players against Dank or Essendon, but requests have already been made for more information.

"We know that one player has commenced a supreme court proceeding in Victoria asking the AFL and Essendon for medical records that may show what was taken or injected into his body during the 2012 period."

The supplements saga has been running for over two years, funded by taxpayer dollars.

Ben McDevitt said ASADA had a job to do, and with the integrity of Australian sport at stake, cost couldn't be a factor.

"It's cost a lot of money but for me it doesn’t say 'Was there a possible violation? Does it warrant action? And how much is it going to cost?'"

Sports Lawyer Paul Horvath said that cost was likely to be substantial.

"My best guess would be off the top of my head in the region of 5 to ten million dollars quite comfortably I would have thought."

Minister for Sport Sussan Ley today released a statement saying the matter had been "long and incredibly complex."

"The Government will now take the necessary time to consider the outcome in full," she said.

"I also note there is a second case involving a support staff member that the AFL Anti-Doping Tribunal is yet to hand down a ruling on. 

"As such, the Government will wait for the verdict in this second case before responding further, including any potential further actions."


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4 min read

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By Abby Dinham


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