The AFL anti-doping tribunal has found all 34 former and current Essendon players embroiled in the supplements scandal not guilty.
The tribunal ruled unanimously that there was insufficient evidence to prove that the players were administered a banned peptide by the club’s sports scientist Stephen Dank.
The verdict means that the 17 accused players still at the club will be able to play against the Sydney Swans in Saturday’s season opener at ANZ Stadium. It also means the club’s seventh-place finish in last season’s competition will stand.
Asada, the Australian anti-doping authority which brought the case against Essendon, has 21 days to appeal the verdict. The body will hold a press conference at 11am in Canberra on Wednesday though Ben McDevitt, chief executive, struck a defiant tone on Tuesday, describing what happened at Essendon in 2012 as “utterly disgraceful”.
AFL boss Gillon McLachlan hoped that Asada would not appeal, saying that “there’s a decision that’s been made after a long, protracted period”.
The panel is still deliberating on multiple charges against the controversial bio-chemist Dank, who stands accused of being the architect of the club’s supplements program and faces a life ban from the sport if found guilty.
“We are very pleased. We all had a very fair hearing and we are happy with the result, obviously,” QC David Grace, who was representing 32 of the 34 players, said. “We mounted a very strong defence to the case and the result is here today.”
Asked about the prospect of any further legal action being launched by Essendon players or officials, Grace said: “I cannot say whether there’s going to be any further legal action. We’re going to see the players now and talk to them. I think all they will be interested in is playing on Saturday. It is nice to get an outcome for them.”
Statement in full from AFL Anti-Doping Tribunal Chairman David Jones: pic.twitter.com/gktjEXQtPc
— Patrick Keane (@AFL_PKeane) March 31, 2015
The AFL said the decision by the anti-doping tribunal was unanimous. “The Tribunal was comfortably satisfied that the substance Thymosin Beta-4 was at the relevant time a prohibited substance under the Code,” tribunal chairman David Jones said.
“The Tribunal was not comfortably satisfied that any player was administered Thymosin Beta-4. The Tribunal was not comfortably satisfied that any player violated clause 11.2 of the AFL Anti-Doping Code.”
The verdict is also a clear vindication for Essendon coach James Hird who was suspended for 12 months in August 2013 as part of a range of heavy penalties handed down by the AFL over the supplements program.
Hird’s position would have been in jeopardy if any of the players had been found guilty but he can now justify his long battle against the Asada allegations.
Asada boss Ben McDevitt said: “What happened at Essendon in 2012 was, in my opinion, absolutely and utterly disgraceful. It was not a supplements programme but an injection regime and the players and the fans were so poorly let down by the club.
“While I am obviously disappointed that the charges in this instance have not been proven to the comfortable satisfaction of the tribunal, I am pleased that the tribunal was able to finally hear these matters,” he said.
Essendon captain Jobe Watson, one of the 34 accused, said the players just wanted to move on. Asked if he knew what he was given and was comfortable with it, Watson said: “What I do know is that every player told exactly what they knew to the investigating officers.”
He said that the players were angry that officials were unable to tell the players exactly what had happened in 2012
“I think the players and anyone involved feels if when you go to your employer and they can’t tell you exactly what went on, that’s concerning. “I think the players are well within their right to have had anger over a period of time.”
However, he paid tribute to the fans and players for keeping faith in their innocence.
“I think a lot of clubs perhaps would have fallen down but with the support that we’ve had from the loyal fans that we have and the strength of this playing group we’ve held together.”
The AFL Players’ Association said its view that the players had done nothing wrong had been vindicated by the tribunal, bringing “a sense of overwhelming relief”.
“This decision does not absolve the Essendon Football Club of blame,” its chief executive, Paul Marsh, said in a statement. “Players were placed in an unacceptable position that put their health and careers at risk.
“The players have withstood enormous uncertainty, public scrutiny and speculation over their health, their careers, and their reputations. This decision finally brings that uncertainty and speculation to an end.”
The verdict was welcomed by fans and former players.
Essendon’s all-time leading goalkicker Matthew Lloyd tweeted that it was a great result for the sport.
Ian Hanke, PR adviser to Essendon coach James Hird, said the AFL executive had to be called to account.
