Update on the hearings. Expected to start on the 15th of December and likely to take 3 weeks. Before the media states that ASADA have 3 weeks worth of evidence, let us remember that there are 34 players involved. 3 weeks is only 15 working days so it is less then half a day per player. Source: afl.au TWO PLAYERS have broken ranks from the rest of the current and past Essendon players issued with ASADA infraction notices by not opposing a public hearing of the matter. The AFLs Anti-Doping Tribunal, which consists of chairman David Jones, John Nixon and Wayne Henwood, will hear the ASADA charges brought against 34 past and current Essendon players arising from the Bombers 2011-2012 supplements program after infraction notices were issued on Friday. The Tribunal held a directions hearing on Tuesday at Etihad Stadium, where the AFL and a lawyer representing various media outlets argued that the Tribunals hearing of the matter should be made public to the media. ASADA and 32 past and current Essendon players opposed the hearing being opened to the media, arguing that no previous anti-doping case in Australia had been conducted in public. But the lawyers for the other two players told the Anti-Doping Tribunal they would not oppose a public hearing subject to appropriate restrictions being placed on the attending media. The AFL Anti-Doping Code states that all hearings should be held in private unless otherwise authorised by the Anti-Doping Tribunal chairman. AFL lawyer Jeff Gleeson SC argued that chairman Jones should exercise his discretion to conduct the hearing in public given the significant public interest in the matter over an extended period of time and the importance of the proceedings to AFL footballs integrity. Justin Quill, representing four media outlets, said an open hearing would help restore confidence in the AFL by increasing the publics understanding and acceptance of the Anti-Doping Tribunals eventual ruling. When it was put to him by chairman Jones that no other anti-doping case in Australia had been heard publicly, Mr Quill said that no other case had been as extraordinary and high-profile as this case. Mr Quill said it was exact type of case for which the chairman should exercise his discretion to call a public hearing under the AFL Anti-Doping Code. Patrick Knowles, for ASADA, said confidentiality provisions in the ASADA Act, National Anti-Doping Scheme and World Anti-Doping Agency Code could be breached if the Anti-Doping Tribunal hearing was heard publicly. Clause 14.2.3 of the WADA Code provides that an athlete who is cleared of charges at a hearing can refuse for the findings to be made public. Mr Knowles said to allow media to attend the Anti-Doping Tribunal hearing would impermissibly trample on the rights of the 34 players under clause 14.2.3. Ben Ihle, representing 32 past and current Essendon players, said that making the hearing public could make witnesses unwilling to appear, which would be prejudicial to his clients cases. Mr Ihle also argued that there was a reasonable expectation under the Information Privacy Act that the information gathered during the ASADA-AFL investigation into the Bombers would not be released publicly. Mr Quill said he would tender draft protocols to the Anti-Doping Tribunal containing proposed restrictions on the media in the event the hearing was made public. Chairman Jones reserved the Tribunals decision, but said it would be made public before the hearing. The AFL said in a statement the Tribunal will meet again on December 8 to finalise procedural matters. The hearing date has been tentatively set for December 15.
Posted on: Tue, 18 Nov 2014 09:56:35 +0000
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