Justice For The 34. Link thread

any sign that this stuff is getting through to people???

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If Rebel Wilson can win millions by proving the media lied about her being a liar, imagine how much these players could make if this crap was actually laid bare - or rather could be put to an impartial jury.

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Helen,

Unfortunately most of the lawyers and judiciary do not want to be seen to be publically supporting an investigation or “stirring the pot” so to speak. Reputation means everything to these guys and that could be easily destroyed by the “boy’s club” should anyone of them decide to waiver. From a legal standpoint the message is move on.

The politicians are the other “group” who have influence. However, it would be fair to say that our current batch of politicians, on both sides of the house, are the most talentless, gutless pack of individuals I have witnessed in my lifetime, and we have had some shockers. When you have people like Lundy, Ley and now Hunt running Health and Sport you have a recipe for disaster, not only for our athletes but also for our children, the sick, our senior citizens and those with mental illnesses (don’t get me started on those issues).

Self interest, reputation retention and re-election are key drivers for most of these individuals. Leadership at government level is lacking, a view held by the many people I have dealt with during the 4 years of the saga.

Public opinion and public interest determines votes. The world of sport is starting to recognise the failure of the big sporting organisations like the IAAF, FIFA, IOC, WADA, the CAS (can I put the AFL in there too?). The lack of integrity, poor governance, and conflicts of interest in these organisations has been exposed and the athletes that these organisations are meant to support and nurture have failed them miserably, at the athletes own expense. How much longer are governments, who financially support these organisations, going to turn a blind eye to these failings.

Sure this is a bit more than just the Essendon 34. It is a worldwide problem. There are many influential people and groups internationally who recognise the injustice that was inflicted on our 34 players.

The Essendon supplements saga is an example of how the anti-doping framework has, and will continue, to fail the athletes. This is the basis of the J34 platform. An independent review is required to expose the failings of the current system, which I would suggest are the same failings that have beset world sport in the past 4 - 8 years. Let the fallout of such an independent review be whatever it may be. Let those caught up in the aftermath of this review be the collateral damage for what can be a better anti-doping framework and sports integrity commission that focuses on the needs of the athletes and those who support them.

Helen, this is a long-winded answer to your question but there is a certain apathy in the community about the plight of the Essendon 34, even amongst Essendon supporters. But J34 continue to put into the public arena the facts that are certainly out there for people to read and understand. This may be a slow burn but we do not give up because it is too hard.

On behalf of J34 I appreciate your support.

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thanks bomber5au loved your response…your efforts don’t go unnoticed there seems to be still the attitude with some that once the truth is out there it will all be made better for those who have suffered this travesty of justice. …but the truth is out there… Justice for the 34, Bruce Francis & a couple of others have laid it all out for anyone with ears to listen & eyes to see & read …seems very few care to explain the huge differences between the “official” outcome & the facts that actually happened…or didn’t as the case may be

don’t give up in an era of all things being exposed & brought to light this too will be one of them

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Symposium: Sports Integrity and Athletes Rights

Introducing Brendan Schwab.

Executive Director, World Players Association, uniting 85,000 players across professional sport through more than 100 player associations in over 60 countries.
Brendan brings expertise in organising, labour and human rights law, collective bargaining and dispute resolution, particularly in professional team sports. Brendan has played an instrumental role for FIFPro, the world footballers association, in supporting players internationally. He served FIFPro as a board member, Vice President and as Chair of FIFPro Asia/Oceania. He acted as a judge of the FIFA Dispute Resolution Chamber and, as a member of the FIFA Players’ Status Committee, helped drive FIFA’s ban of the third-party ownership of players.
Brendan co-founded and led the Australian Athletes’ Alliance, which represents eight player associations and over 3,500 athletes in sports such as Australian rules, basketball, rugby union, rugby league, cricket, netball, horse racing and football. He also co-founded Professional Footballers Australia (PFA), serving as Chief Executive and General Counsel, advancing its profession and the reform of the Australian football industry. He holds a Bachelor of Laws and a Master of Business Administration.
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Symposium: Sports Integrity and Athletes Rights

Kristen Worley

“The focus of the presentation will be primarily looking at the history of my personal experience in high performance sport as an athlete, which inevitably led to a three year legal engagement with the IOC, WADA, Union Cycling Internationale and Cycling Canada, including:
• Unfolding the personal experience I had with over 16 years, which led to the first successful legal case outside of the Court of Arbitration in Sport (CAS).
• Synthesizing the preliminary work, and eventual two and half year legal process that took place successfully in Toronto, Canada, therefore outlining the legal implications for International and Olympic sports systems, demonstrating why we need to move away from the current arbitration model with political controls ‘sport court’ which has shown to be inadequate, to a proper independent system of law and legal process to ensure an athlete centric focus, and concurrently Human Rights with the UN Guiding Principals are applied.
• Tailoring properly into the framework of the global and Olympic sports systems that is robust, and is able to assure protections of athletes with broad ranging issues, to which the current system by design has failed to provide to do.”
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Symposium: Sports Integrity and Athletes Rights

Chris Pollard

Lawyer with over 25 years experience in Employment Law and Workplace Relations having represented numerous employers and employees regarding employment contracts, workplace policies, redundancies, unfair dismissals and occupational health and safety matters.
Chris has also personally represented these groups and people at the Fair Work Commission, Federal Circuit Court and Federal Court.
Chris provides legal advice and assistance on all aspects of employment law and workplace relations.
He has also provided legal advice to AFL clubs and personnel.
Representation: Industrial Relations Commission, Discrimination Tribunals, Magistrates Court (Industrial Division), Federal Magistrates Court, Federal Court and all other jurisdictions.
Chris has a degree in Law and is admitted to practice in both Victoria and South Australia.
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Sports Integrity and Athletes Rights Symposium Moderator:
Tracey Holmes

Senior reporter/anchor with ABC News. She presents the sports issues program/podcast, The Ticket, and other programs such as Q&A Extra and ABC NewsRadio’s national Drive Program.
She is a regular writer for ABC News Online and a panellist on ABC TV’s Offsiders show. She is a senior lecturer in journalist at UTS, a senior mentor for the IOC’s Young Reporter program and is a mentor for WINS, a joint program by ABC International and the Department of Foreign Affairs and Trade
When: Tuesday evening 21 November
Where: Melbourne University Law School, Carlton, map provided when booking tickets.
Tickets: $20 each
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www.trybooking.com.au/sojy

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Sports Integrity and Athletes Rights Symposium Panelist
Bob O’dea
Bachelor of Applied Science with Honors in Biochemistry and Physiology. Post Grad Degree in Quality Management.
45 years experience in the Commercial World of Biological Therapies, Pharmaceuticals and Medical Devices in Senior Operational and QA roles.
Specific expertise in the manufacture and quality assurance of sterile products and working with National and International Regulators.
When: Tuesday evening 21 November
Where: Melbourne University Law School Carlton, map provided when booking tickets.
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Tickets: $20 each
www.trybooking.com.au/sojy

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Sports Integrity and Athletes Rights Symposium Panelist
Stephen J Peak
I have been practicing law for over 30 years and have provided quality legal services to a wide range of clients Australia wide,and overseas.
I have vast experience in the Victorian Court system,in particular,handling motor vehicle traffic matters in the Magistrates Court,along with all other statutory type offences involving the Police,Local Government and State Government.
My skills also involve attending to Family Law matters in both the Federal Magiustrates Court and the Family Court of Australia.
I have often been asked : “ What do you do to relax after a hectic week performing your legal tasks ?” Answer : Use my legal skills to assist sportsmen and women as a Sports Adviser and Lawyer, and also perform regularly on SEN1116 Sports Radio.
I also support the Reclink Foundation, a charity organization with the aim of rebuilding lives through Sports and The Arts.
Venue: University of Melbourne Law School, Theatre G08, 185 Pelham Street, Carlton, 3053.
Date: Tuesday 21 November 2017
Time: 6-9pm
Cost: $20 per ticket will cover venue and filming.
Donations: gratefully accepted.Sports Integrity and Athletes Rights Symposium Panelist
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Michele Verroken will be contributing to the Sports Integrity and Athletes Rights symposium hosted by Justice for the 34 on Tuesday 21 November 2017, next Tuesday at the Melbourne University Law School in Carlton, Victoria.

Initially, Michele was a teacher and lecturer in human and sports sciences before taking a management role at The Sports Council in 1987, later UK Sport. Helped create the UK’s first Independent Anti-Doping Programme.

As Director of Ethics and Anti-Doping at UK Sport for twenty years, achieved a number of other firsts (ISO certified procedures for Anti-Doping which became the operating standards of the World Anti-Doping Code), professional sports Illicit/Recreational drugs programme,

Drug Information Database and whistleblowing line. Michele worked with the Football Association and Professional Footballers Association to introduce in and out of competition anti-doping programmes, including illicit, recreational drugs testing and intervention.

Michele is Commonwealth Games Federation Medical Commission Secretary, serves on several sports arbitration panels and is visiting lecturer for several university MSc courses. Graduated from the first ICSA Sports Governance and Administration course with Distinction.

Venue: University of Melbourne Law School, Theatre G08, 185 Pelham Street, Carlton, 3053.
Date: Tuesday 21 November 2017
Time: 6-9pm
Cost: $20 per ticket will cover venue and filming.
Donations: gratefully accepted.
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www.trybooking.com.au/sojy

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MADELEINE FARRAR will be on the panel of the Sports Integrity and Athletes Rights symposium hosted by Justice for the 34 on Tuesday 21 November 2017, next Tuesday at the Melbourne University Law School in Carlton, Victoria.
A graduate tax consultant at PwC and holds a double degree in Commerce and Laws with Honours from the Australian National University.
A keen rower, Madeleine is an active member of the Sydney Rowing Club, and was selected to represent the Club at the prestigious Henley Womens Regatta in the United Kingdom earlier this year. Madeleine is a frequent competitor at the Australian University Games and the Australian Rowing Championships, winning many national titles and university championships.
At the Australian National University, Madeleine achieved the top mark for her Honours thesis in law, where she co-authored a paper on Sports Embedded Gambling Advertising.
Madeleine also worked as a Research Associate of the ANU College of Law, where she co-authored an article with Professor Thomas Faunce about the Essendon Football Saga, analysing whether Natural Justice is adequately provided for in team sports under the World Anti-Doping Code.

Venue: University of Melbourne Law School, Theatre G08, 185 Pelham Street, Carlton, 3053.
Date: Tuesday 21 November 2017
Time: 6-9pm
Cost: $20 per ticket will cover venue and filming.
Donations: gratefully accepted.
Ticket sales:


Natural Justice paper link via the petition:

https://www.change.org/p/senator-richard-di-nata…/u/20056385

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Dr KIM SAWYER will be on the panel of the Sports Integrity and Athletes Rights symposium hosted by Justice for the 34 on Tuesday 21 November 2017, next Tuesday at the Melbourne University Law School in Carlton, Victoria.
An Associate in the School of Historical and Philosophical Studies at the University of Melbourne.
His research interests are in philosophy, statistics, finance and regulation.
Listen to Dr Sawyers last speech on this topic here:


Venue: University of Melbourne Law School, Theatre G08, 185 Pelham Street, Carlton, 3053.
Date: Tuesday 21 November 2017
Time: 6-9pm
Cost: $20 per ticket will cover venue and filming.
Donations: gratefully accepted.
Ticket sales:
www.trybooking.com/SOJY

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unfortunately cant be there in person but I did make a donation !! cant wait to see the videos of the evening I am sure the talks will be informative

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What a great time to ask the players if they want these documents released-- setup to fail- how about october??

http://www.heraldsun.com.au/sport/afl/teams/essendon/asada-fighting-attempts-for-key-documents-in-essendon-drugs-scandal-to-be-made-public/news-story/

ASADA fighting attempts for key documents in Essendon drugs scandal to be made public
Michael Warner, Herald Sun
February 28, 2018 7:21pm
Subscriber only

THE Australian Sports Anti-Doping Authority is fighting fresh attempts for key documents in the Essendon drugs scandal to be released.

Twenty of the 34 past and present Dons players caught up in the four-year saga were informed this afternoon of an appeal against a Freedom of Information request made by a member of the public.

The FOI request surrounds doping control forms signed by Essendon players between August 2011 and September 2012.

They include the names and dates of the urine and blood tests conducted by ASADA on Essendon players during that period.

The players have been given the option of joining ASADA’s bid to keep the documents under lock and key.

An appeal will be heard in the Administrative Appeals Tribunal.

AFL Players’ Association executive Brett Murphy informed players of the latest development today.

“I hope you’re well, and apologies for needing to raise an issue which I’m sure many of you want nothing more to do with,” Murphy said.

“We have been approached by the Australian Government Solicitor (acting for ASADA) re: a Freedom of Information request made by a member of the public.

“The member of the public (who is, I should note, is sympathetic to the players) is seeking access to doping control forms completed by a number of current and former Essendon players.

“ASADA has rejected the request on the basis that the doping control forms contain personal information and that they are therefore exempted from the requirement to provide access.

“The member of the public has appealed this decision and the matter will soon come before the AAT which will rule on whether the member of the public will be given access to the forms.

“In accordance with the Freedom of Information Act, ASADA is required to notify you of this request, and give you the option to be joined to the proceeding and argue why the forms should (or should not) be disclosed.

“I have attached a letter from the Australian Government Solicitor to this effect (the letters to all 20 players were identical so for ease of sending I’ve attached just one of them de-identified, but can send you your personally addressed letter if you want it).

“If you want to be joined to the proceeding and argue why the forms should (or should not) be disclosed, please let me know by the end of the week.

“If you don’t wish to join the proceeding (as I expect will be the case for most if not all of you) you don’t need to do anything.”

In a letter to the AFLPA last week, the Australian Government Solicitor said the tribunal hearing was the “final avenue of merits review in the FOI”.

“If the tribunal sets aside the Information Commissioner’s decision, it is very likely the documents will be released,” AGS senior executive lawyer Justin Davidson said.

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Maybe it was Bruce Francis who wanted the documents?

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In a letter to the AFLPA last week, the Australian Government Solicitor said the tribunal hearing was the “final avenue of merits review in the FOI”
Me thinks it could be someone not wanting this door left open - hence the timing at the start of the season and being a distraction

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The relevance of the information requested is to the CAS ruling that the players failed to declare their thymosin injections on their test declarations, which CAS said was indicative of a conspiracy of silence, and so invalidated the players’ entitlement to reduced penalty.
In Jobe’s case, for example, he was not tested at any time when he was being given thymosin. The dates are relevant to whether the CAS ruling was valid, or just another trumped up strand in the cable.

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AFL chief Gillon McLachlan and former chairman Mike Fitzpatrick have moved a step closer to having to appear in the witness box to explain their actions in the Essendon supplements saga.

Supreme Court judge John Dixon ruled in favour of Melbourne lawyer Jackson Taylor on two key issues on Wednesday. Taylor has fought against the AFL for years, alleging McLachlan and Fitzpatrick engaged in misleading or deceptive conduct through the scandal which rocked the sport when exposed in February, 2013.
AFL chief executive Gillon McLachlan.

AFL chief executive Gillon McLachlan.
Photo: Joe Armao

Dixon ruled in favour of Taylor over whether McLachlan and Fitzpatrick had made comments that were “trade or commerce” under Australian consumer laws, and whether part of the case, as the AFL had argued, should be held at a mini-trial to cut expenses – the AFL has estimated a full trial could cost $700,000 – in a bid to limit the number of witnesses and discovery of documents. Taylor did not want a preliminary hearing.

Dixon’s ruling means that there is still the possibility of McLachlan and Fitzpatrick being forced to give evidence at trial. No senior AFL executive has faced questioning in court throughout the saga.

Taylor’s lawyer, Julian Burnside, had argued a limited or mini-trial before a trial would not be the best way to decipher the facts on whether the league had acted in ways to protect its commercial interests. Taylor had alleged McLachlan and Fitzpatrick had breached consumer law by engaging in deceptive conduct during the scandal.

“I was not persuaded to accept the defendants’ [AFL] submission that a finding could be made on this particular issue following contained discovery, limited by issues of relevance, materiality and proportionality. That the AFL was, or was not, acting to protect its commercial interest is relevant to defining the scope of discovery,” Justice Dixon said in his judgment.

In his statement of claim, Taylor alleges several statements by McLachlan about the AFL’s joint investigation with the Australian Sports Anti-Doping Authority (ASADA) were misleading or deceptive.

Taylor has pointed to comments made by McLachlan on Fox Footy’s AFL 360 and radio stations 3AW and 2GP and comments made in the Herald Sun and The Age as reasons why he should be questioned.

“I accept, as the plaintiff submitted, that the court must determine whether the statements were made in an attempt by the AFL to protect its commercial operations,” Justice Dixon wrote.

“The AFL’s business, in large part, depends upon the way it is viewed by the public, because its income is derived from television revenues, membership and ticket sales.

“Controlling the clubs and the competition so that the public have faith in the integrity of the competition may be a necessary part of that activity.”

Justice Dixon said a third matter relating to deed of release would have to be debated at a separate hearing. In an important financial win for Taylor, Justice Dixon ruled that the AFL had to pay his expenses.
Gillon McLachlan (left) and Mike Fitzpatrick.

Gillon McLachlan (left) and Mike Fitzpatrick.
Photo: Pat Scala

Taylor has also alleged several statements made by AFL executives – about former Essendon coach James Hird, player welfare, an interim report by ASADA and the AFL’s decision-making – are examples of misleading or deceptive conduct.

This includes McLachlan’s denials that he had asked ASADA to “take bits out” of an interim report that had not been favourable to the AFL.

One claim is that McLachlan attempted to reach an outcome before players and Essendon officials had been interviewed by ASADA and the AFL.

Taylor has also taken aim at Fitzpatrick over claims he said Hird would “never” be allowed back into football.

“There is an appearance that the presence of Mr McLachlan and Mr Fitzpatrick is gratuitous despite being probable witnesses for the AFL,” Justice Dixon wrote.

“The plaintiff submitted Mr McLachlan and Mr Fitzpatrick’s presence in the litigation and the proper resolution of those questions depends on what the evidence ultimately reveals about the reasons they engaged in the conduct in circumstances where it was important to understand the AFL’s intention in making those statements through its two senior executives. The plaintiff says that these factual questions can only be explored properly after discovery and on the basis of evidence from witnesses at trial.”

Taylor has worked with law firm Arnold Bloch Leibler in Melbourne and was a partner at Latham and Watkins in London. He has no direct links to Essendon but told the Supreme Court in June last year that the proceeding was “a once in a lifetime case".

In an affidavit, Taylor said: “The relief sought in these proceedings have the potential to contribute significantly to public expectations for the improvement of the AFL’s administration of the code”.

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I know, I know, take it to “the death of journalism” thread…

B & P are nowhere near each other on the keyboard!

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