Petition updateInquiry into ethics/practices of ASADA AFL WADA antidoping case against the 34 EFC playersThe CAS transcripts: were players’ testimonies ignored?

Philip NelsonAustralia

May 7, 2018
Imagine you are being cross-examined about your Doping Control Form (DCF) at the CAS Hearing and you realise that your words are being ignored. Later, in a ‘one-size-fits-all’ CAS Award, the Panel asserts you did not fill out your DCF properly, so you’re ‘guilty’, and you wonder if your testimony was ever considered or even heard.
One example of the CAS panel not fully paying attention is revealed in the updated edition of Chip Le Grand’s ‘The Straight Dope’.
‘At one point during Watson’s testimony, the Essendon captain abruptly stops mid-response. Beloff [CAS Chair] has asked him a question but another of the CAS panellists, Romano Subiotto QC, is carrying on a private conversation with one of the WADA lawyers. ‘We’re done,’ Watson thinks to himself. After McVeigh gives evidence, he sits down with his old teammate David Hille at a nearby cafe. ‘We had a really long chat and he was thinking the same thing: “Geez, they weren’t particularly interested in what we said.”’
Another example is taken directly from the CAS Hearing transcripts.
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Clelland QC [for 32 players]: Then over the page, Mr Rychener - I'll stop, sorry.
The Chair: I'm so sorry.
Clelland: No, I started doing something and the panel were engaged in something else; I'll wait and then I'll pick it up.
The Chair: Quite right. If you can pick it up. We're re-engaged.
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Further examples of players’ testimonies from the same transcripts leave you wondering if the Panel listened to the players.
Out of respect to the players, their names are not included.
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Clelland [QC representing 32 EFC players]: When you took part in the giving of the sample when you were ultimately able to pass urine an hour or so later as you’ve explained, were you asked some questions by the ASADA representative who was taking the sample?
Player: Yes.
Clelland: Did you fill out a form, or did they fill out a form?
Player: They filled out the form for me.
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Clelland: As best you’re able to say, when you gave that answer “nil” in answer to the question whether you had taken medication, a vitamin or a supplement, when you answered that “nil”, as I understand your answer, you were unable to say when was the last time prior to being asked that question you had an injection from Mr Dank? That is to say, prior to that game – I understand what your evidence is about the Saturday and the Friday – but you are able to say when was the last occasion you had received an injection from Mr Dank before you filled out test?
Player: No, I can’t say the exact day, but I know I said “no” on the supplement form due to the fact that, I knew if I did have one in the two or three days leading up to the game, I would have said “yes” because I didn’t think anything of it as a big deal or a problem, but I hadn’t, so there was no need for me to say I had been taking anything.
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The Chair: Can I ask you one or two questions? We’ve seen the doping control form that you filled out on 12 July 2012, and I think you’ve been handed it in fact by Mr Clelland.
Player: Yes.
The Chair: You didn’t mention there that you had any injections, and your position is that you hadn’t had any injection. But if you had any injection that week, would you have thought it your duty to fill that in and mention that on your form?
Player: Yeah, I had no reason not to.
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Clelland: Later on in the year, you signed a doping control form in July, and again there was no injection declared; were you receiving injections at that time?
Player: No.
Clelland: How long, on your best estimate, had you ceased receiving injections for at the time that you gave that information?
Player: My best estimate was May. It was definitely before the mid/year break, which was a couple – I think that was in June.
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Mr Rychener [for WADA]: I wasn’t sure I understood you correctly in terms of that doping control form: was it your understanding that you only needed to disclose medications or supplements if you had taken them two or three days before that?
Player: Yes, that was my consensus, yes.
Rychener: Where did you get that understanding; from the form?
Player: I can’t recall exactly what he said, but yeah, that was – it was just the leading up to the game, what you had leading up to the game, and I had nothing to disclose.
Mr Spigelman [Arbitrator]: Who said that to you?
Player: I’m not sure if that’s exactly what he said to me or not, but that was my—
Spigelman: Who was the person though?
Player: I’m not sure; the ASADA tester.
Spigelman. The tester?
Player: Yes.
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Justice for the 34 renews its call for a Senate or Independent inquiry into anti-doping with wide ranging terms of reference which allow all sporting bodies, all athletes, and all interested parties to make representations.
It’s in the national interest.
Support an independent inquiry to sort this mess out.
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