Drugs cloud hovers over Bombers

The AFL has warned - the Essendon supplements scandal is far from over despite ASADA completing it's investigation.

The Bombers remain at risk of infraction notices. Source: Getty Images

ESSENDON could be stuck in Groundhog Day with players potentially facing uncertain ­futures long into the season.

The Bombers and the AFL hope players will be cleared by ASADA's probe by April, but any action could take until the eve of the finals to be resolved.

Coach Mark Thompson told the Herald Sun the players were craving closure after 13 months.

But if ASADA decides in April action should be taken, players might not face an AFL anti-doping tribunal until weeks before the finals.

It would be a diabolical situation for the league, and for Essendon, after the gloss was taken off last year's finals by the Dons being booted out of September. The chain of events leading to suspensions passes through ASADA, an independent Anti-Doping Rules Violation Panel, the AFL's anti-doping tribunal, and potentially an appeals panel.
The AFL warned hat even if the briefs of evidence did not contain recommendations to act, the case would never really be closed.

Thompson said yesterday the players would welcome a resolution.

"It is just new ground for everybody, but hopefully one day soon there will be closure for (the players). At the moment there isn't for anyone, the AFL, the media, anyone,'' he told the Herald Sun.

"I think the players will welcome (closure), the staff will, the AFL will, our sponsors will. It's just been an incredibly difficult period for us because there is nothing to work from, we are writing a new book, it's unprecedented."

David Zaharakis and doctor Bruce Reid. Source: Getty Images

Essendon president Paul Little told the Herald Sun this month he remained confident no infraction notices were coming.

Little also welcomes the appointment of retired Federal Court judge Gary Downes to review briefs against players.

"Look, what I have said is based on what we know. I am very confident, and if there is new information out there we are unaware of, clearly we will need to address that when the times come," he said.

"But (we are confident) based on what we know, and we support totally the AFL's initiative to try to work with the Sport Minister and ASADA to bring the report to some form of conclusion."

ASADA closed its investigations without receiving testimony from sports scientist Stephen Dank.

If briefs of evidence reviewed by Downes recommend action, Essendon's players would be asked to show cause why they should not be charged.

Players would have 10 days to make a submission to the Anti-Doping Rule Violation Panel, which could then take weeks or months to proceed to a Register of Findings, a formal record of decisions on anti-doping rule violations.

That record forms the basis of the AFL issuing infraction notices, with players needing several weeks to form their defence.

Players would be stood down until the tribunal hearing, but could appeal if found guilty.

AFL football boss Mark Evans said he hadn't been told infraction notices were coming, but said there was no end-date to investigations.

"I'd also be surprised whether there's a full stop onto anything. People would always reserve the right to review things in the future anyway."

WHAT HAPPENS NEXT

Months not weeks will elapse before any penalties can be dished out — if ASADA finally decides it has enough evidence to pursue players for doping

1. ASADA completes preparation of briefs against players.

2. Retired Federal Court judge Garry Downes reviews briefs and decides whether to proceed.

3. In instances where Downes believes there is a case, players issued with a "show cause" letter by ASADA and have 10 days to a make a submission to the Anti-Doping Rules Violation Panel. Players can ask for an extension.

4. The ADRVP panel makes recommendations to the AFL if it is found that infraction notices should be issued. The panel, which is appointed by the Federal Sports Minister, is chaired by Dr Brian Sando and includes Professor Andrew McLachlan, Andrew Hughes, cycling chief Tracey Gaudry, Hayden Opie and Dr Diana Robinson.

5. The AFL would then issue an infraction notice and the player involved immediately suspended, pending a tribunal hearing/s.

6. Players front the AFL Tribunal, which decides penalty. ASADA acts as the prosecutor in the hearing. Players can appeal an adverse finding to the AFL Appeals Board.


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