ASADA Will Not Appeal The Essendon Players’ Not Guilty Verdict

National sports anti-doping watchdog ASADA has ruled out launching an appeal over the not guilty verdict handed down to 34 past and present players of the Essendon Football Club.

The verdict of not guilty on all charges pertaining to the players (unwitting) involvement in the shady and highly criticised supplements scheme operated at the club by sports scientist Stephen Dank during the 2012 season was given to the players just prior to the start of the current AFL season, clearing all players and allowing them to take the field as scheduled.
ASADA had a period of 21 days to consider launching an appeal of the verdict, given by an independently appointed and operated AFL Anti-Doping Tribunal, who found no standard of proof presented was to any comfortable satisfaction.
ASADA CEO Ben McDevitt effectively deferred the matter to the world body WADA in announcing the decision to not appeal this morning, releasing a statement that read as such:

“As with all other decisions I have made in these matters this decision has largely been informed by comprehensive legal adviceI am conscious that ASADA does not have a direct right of appeal to the Court of Arbitration for Sport (CAS) and the only appeal avenue open to ASADA at this time is to the AFL Anti-Doping Appeals Tribunal. 


I am also aware that appealing any of these decisions within the AFL framework would ultimately serve only to delay consideration of these matters by the World Anti-Doping Agency (WADA). I have therefore arranged to provide the entire case file encompassing all 35 matters to WADA for its independent review. This is in accordance with global anti-doping protocols. 

WADA will then be able to make an independent decision as to whether to exercise its appeal options. ASADA will support any WADA initiated appeal in relation to these matters.

In the interests of transparency, I would welcome the fullest possible release of the tribunal’s findings and reasons on all of these matters.”

WADA now also has a period of 21 days, starting from today, in which to consider any appeal. They do not have overriding legislative power to compel any new witnesses to come forward, or to procure any new additional evidence from the case.

Essendon currently sits eighth on the AFL ladder after three rounds, with two wins and one loss.
Photo: Michael Dodge via Getty Images.

via Y!7Sport.

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