Play Nice WADA v Essendon 34: Guilty, 2 Yr Susp. (backdated to Mar 2015). Affects 17 current AFL plyrs.

[Freya]

Do you really think players would be stupid enough to do it now though? Even after all the Essendon stuff?

Horse trainers have been getting caught cheating for a century and guess what they still cheat, just ask O'Brien and Kavanagh.

As an aside, it is noted that O'Brien went to the same school as Watson.

And Shorten...

 

[CbayT]

Why? How has Essendon damaged them? If anything, it proves that the players are by themselves, they have nobody else to blame

Essendon aren't responsible for what went into their bodies. They are

Different story if the players actually tried to stop it, and Essendon tried to inject them. Players didn't do anything to stop or query it, so how can they sue an employee for their own problems?

Efc owe its employees a duty of care Eg safe workplace, didn't do that. They introduced a supplement program that its employees should expect to be safe, well run and documented overseen by medical professionals, with no illegal drugs it wasn't. They can sue for future losses, damages and potential future damages. They will end up including alot more. Just because the players seemed somewhat complicit in some actions does not mean they don't have a case. Infact they have the mother of all cases against the efc and the dopes that run the afl

 

[CD__]

Horse trainers have been getting caught cheating for a century and guess what they still cheat, just ask O'Brien and Kavanagh.

As an aside, it is noted that O'Brien went to the same school as Watson.

And Shorten...

Drawing an extremely long bow!

 

[blackshadow]

I'm not confused at all. I'm looking beyond the bubble of the AFL world, and how anti-doping and strict liability works in other sports, how team culture and leaders abuse their positions of power to lie to authorities, on an international scale. I understand that its a very difficult idea for AFL fans to consider.

I think most AFL fans can actually deal with the idea and most AFL fans don't want doping in the sport.

The trouble is the AFL themselves don't want to damage their brand so would prefer to sweep everything under the carpet and keep it in house but ASADA/WADA/CAS made sure that didn't happen this time.

 

[JC Hawks]

Did some players refuse to take the drug? I notice Courtney Dempsey isn't suspended, but he would have been at the club at the time. I know the whole story about Zaharakis refusing, but I'm unsure about Dempsey.

 

[CoggaRules]

Did some players refuse to take the drug? I notice Courtney Dempsey isn't suspended, but he would have been at the club at the time. I know the whole story about Zaharakis refusing, but I'm unsure about Dempsey.

ASADA deem Dempsey not being suspended as a penalty for the bummers..just like the suspension of Lady Melksham would be a bonus to Melbourne

 

[Boba Fetta]

Did some players refuse to take the drug? I notice Courtney Dempsey isn't suspended, but he would have been at the club at the time. I know the whole story about Zaharakis refusing, but I'm unsure about Dempsey.

Some players indicated they would prefer take them as suppository.

And the program was cancelled before this suppositories could be manufactured.

 

[good4footy]

"Watson says the lawyers gave an indication following the hearing there may have been some sort of agenda at play."

There was an agenda: enforce the WADA code.

The fact that the AFL-constituted Tribunal found the players not guilty gave WADA added impetus to perform their duties to the fullest extent.

As much as it grates we need to remember he is a father in this as much as a commentator. Not sure how many of us would be too different.

Edit- I agree with your post however.

 

[UpTheGuts]

1. 
   Contributory negligence in common-law jurisdictions is generally a defense to a claim based on negligence, an action in tort. This principle is relevant to the determination of liability and is applicable when plaintiffs/claimants have, through their own negligence, contributed to the harm they suffered.

That is incorrect.

If contrib neg is established, then the award of damages is reduced by the % of responsibility to be allocated to the plaintiff.

It is not a defence.

Players can sue successfully, even if complicit.

 

[Boba Fetta]

As much as it grates we need to remember he is a father in this as much as a commentator. Not sure how many of us would be too different.

.

As a fellow father, I think if I worked in the industry and was asked to comment on something related to my family I would offer a "no comment", rather than discredit myself.

 

[Freya]

Drawing an extremely long bow!

Not sure too many schools would be proud to have produced the two most notorious drug cheats of the century so far in Australia. One who poisoned defenceless horses and the other who led defenceless (according to Gil) young players into the injecting room to be poisoned.

 

[good4footy]

As a fellow father, I think if I worked in the industry and was asked to comment on something related to my family I would offer a "no comment", rather than discredit myself.

That is a valid position to take, however I would do everything I could to ensure my sons legacy was not damaged any further and worry about myself less.

 

[thegrach]

Also see

Loose = Jake Carlise in Vegas

Lose = St. Kilda

 

[thegrach]

Did some players refuse to take the drug? I notice Courtney Dempsey isn't suspended, but he would have been at the club at the time. I know the whole story about Zaharakis refusing, but I'm unsure about Dempsey.

Probably went missing, as per usual.

 

[jenny61_99]

That is incorrect.

If contrib neg is established, then the award of damages is reduced by the % of responsibility to be allocated to the plaintiff.

It is not a defence.

Players can sue successfully, even if complicit.

I didn't say the couldn't sue. However, in the end it will come down to how much did they contribute to the situation they find themselves?

 

[Funk]

I would retort that by saying the AFL tribunal's findings are just as likely to be fixed before it started. The AFL have never wanted the players banned.

In their Presser yesterday the AFL had the audacity to say it was devastating that 34 players have been banned for taking Performance enhancing drugs.

And as I posted earlier see paragraph 125 in the decision where the AFL actually submitted to CAS that the players be let off because it couldn't be proven all players received injections of TB4.

**** me dead - the AFL were more interested in getting players off at CAS than running a clean sport.

 

[UpTheGuts]

I must say, in the legal community, or at least the part which I inhabit, we've been simply amazed at the way this has been handled by Essendon and Hird. Incredible, breathtaking mismanagement, even at the tactical level. From very, very early on.

This has been a great file for many, and I have a few great stories that unfortunately I cannot share, but at some stage it had to occur to both the advisers and the advised that the approach and contentions advocated were not working.

Appalling lack of foresight. Less surprisingly, a disgraceful lack of evidenced risk management, too.

 

[UpTheGuts]

I didn't say the couldn't sue. However, in the end it will come down to how much did they contribute to the situation they find themselves?

Perhaps an oversimplification, but yep.

 

[Stax on the mill]

As much as it grates we need to remember he is a father in this as much as a commentator. Not sure how many of us would be too different.

Edit- I agree with your post however.

That might be the case. However not too many fathers would have a regular forum on Channel 7 and SEN on which to constantly peddle misinformation and factual inaccuracies, as if they were the truth.

He refuses to even address the question of the ongoing omission of any mention of supplements on the forms the players filled in. Timmy has a major integrity and credibility problem.

 

[TerryWallet]

That is a valid position to take, however I would do everything I could to ensure my sons legacy was not damaged any further and worry about myself less.

Would that include not being a gloryhound wannabee powerbroker and pushing a bloke with a KNOWN association with Danny Corcoran and Shane Charter on his son, and other's sons, as their Coach?

 

[The Falcon Strike]

Why? How has Essendon damaged them? If anything, it proves that the players are by themselves, they have nobody else to blame

Essendon aren't responsible for what went into their bodies. They are

Different story if the players actually tried to stop it, and Essendon tried to inject them. Players didn't do anything to stop or query it, so how can they sue an employee for their own problems?

That isn't true... that is true for WADA purposes only, it wouldn't hold under duty of care under common law.

It could be argued that the players could reasonably be expected to rely on the club for their medical treatment. With that medical treatment being haphazard, dangerous and causing both financial and emotional losses - there would be a huge potential for claim. Not just for loss of earnings, but from a health perspective as well

 

[The Falcon Strike]

Can anyone confirm whether Stephen Dank is consulting with his lawyers over a lawsuit against CAS?

 

[The_Wookie]

And as I posted earlier see paragraph 125 in the decision where the AFL actually submitted to CAS that the players be let off because it couldn't be proven all players received injections of TB4.

**** me dead - the AFL were more interested in getting players off at CAS than running a clean sport.

Actually the AFL wanted proof as to WHO exactly took it. CAS decided that was irrelevant and that it was a team program.

 

[moses]

If Essendon were a commercial business, with their proven lack of negotiation strategy and scant regard for their brand reputation, they would have gone bankrupt years ago. Surely by this whole disgraceful episode being drawn out for so many years, they realise they are doing a huge amount of damage to value of their brand?

 

[good4footy]

That might be the case. However not too many fathers would have a regular forum on Channel 7 and SEN on which to constantly spout misinformation and factual inaccuracies, as if they were the truth.

He refuses to even address the question of the ongoing omission of any mention of supplements on the forms the players filled in. Timmy has a major integrity and credibility problem.

Would that include not being a gloryhound wannabee powerbroker and pushing a bloke with a KNOWN association with Danny Corcoran and Shane Charter on his son, and other's sons, as their Coach?

You both are mistaking my post as excusing his role or attempts to muddy the waters. I am making the point that as a father what he says and does should be treated as adding nothing to the conversation other than protecting his son. I would do the same.