Sorry Saga - “It’s actually quite funny people thinking they know more than they actually do”

What happened with Bruce’s AAT case?

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C’mon Bruce, it seems like you’re our last hope !

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I see some positives in the Wood report. While it largely avoided delving into organisations and concentrated on wagering/match fixing and,to a lesser extent doping, it left the door ajar for a wider role for the proposed National Sports Integrity Commission.
In the definition of integrity, it referred to :ethical issues; the way in which athletes are managed and developed; player transfers; purchase of clubs; marketing; sponsorship and so on ( the last is important). There is a hint that athletes are caught in a contract stranglehold by the NSOs
The report was fairly dismissive of current fragmented and inadequate organisational integrity arrangements of the NISU in the Department of Health and in the ASC .
Conceivably, the General Division of the proposed National Integrity Tribunal ( for which a mediation and conciliation role is also envisaged) could look at some of the issues that arose in our saga - for instance: a proper mediation role in relation to bringing the game into disrepute ( as compared to Fitzpatrick’s best mate Wylie in the HIrd/Thompson/Corcoran settlement); the banning of Esssendon from the Finals; Jobe’s Brownlow.
I recognise that the report refers to an NSO opt- in for the Tribunals. To my mind it should be the other way round - an opt- in for individuals engaged in sport.
The report also gives recognition to the difficulties of lower level athletes in being forced to CAS and recommended that ASADA use its discretionary authority to cut them some latitude.
A National Sports Tribunal could also be a welcome alternative to CAS ( provided it were to be athlete opt-in). There was a hint in the report that a National Tribunal ( including an appeals process) could be a political deterrent to the likes of WADA to pursue athletes in CAS.

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I would add that the the Wood report has come a long way from that originally envisaged by Hunt, of a single National Tribunal, with the inference of an inherent bias in sport tribunals. The Wood report envisages complementary in tribunals. …
Further, in proposing tribunal composition comparable to that of the AFL Tribunal, that would ensure that Australian legal principles and procedure are followed in hearings.
There is a huge institutional policy vacuum in the oversight of not for profit sports bodies. The AFL has no true shareholders to keep it on the ethical straight and narrow in respect of its core purpose and conflicts of interest are largely self determined.ASIC has only limited oversight and the Charities and Not for Profits Commission has limited its function to charities…
A National Sports Integrity Commission could be a brake on the bullying and thuggery of the AFL.

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Thanks for the insight bigallan.

I have read both the Wood Report and the NSP. I found them heavy reading and had to go over some statements a couple of times to try and understand them. I found both documents to be full of the same bureaucratic jargon that has come out of Canberra for the duration of the saga.

Judge Dixon, at Jackson Taylor’s Victorian Supreme Court case, described the AFL as a “juggernaut in this town”. Juggernaut is a very powerful word to be used by a judge in a courtroom I would suggest and it describes the AFL and their modus operandi perfectly. I am very cynical of the AFL agreeing to hand over anything to an independent body (and the other NSOs for that matter).

In the early days of the saga J34 contacted a prominent Sports Lawyer who advised that the best way for the Essendon players to receive fair treatment was to challenge in court the AFL Player Contract. He had even completed a interim brief and spoken to other legals who were supportive. He tried to make contact with the players, through the club, but was dismissed.

The Wood Report and NSP does not address the lack of athlete presence on these panels/tribunals etc. Steve Hooker sits on the Athlete’s Commission, which advises the AOC. I might suggest that Steve is given token acceptance by that “old man” at the helm, John Coates but then again John has trouble with deciding where his allegiances lie, AOC, CAS, IOC, AUSTRALIA??

There are two issues that irk me.

Firstly, is that that all athletes, in every sport, will be forced to sign a document, similar to the Olympic Participation Agreement, that forces them to provide evidence to ASADA on anti-doping matters (match-fixing not mentioned but would be included) even though that evidence might incriminate themselves. In the Olympic model if you don’t sign this agreement you don’t participate. It is written into the WADA Code.

I would also add that the WADA Code also contains a statement that the Code respects and adheres to the Rights of the athletes. Really!!

Secondly is that all athletes in all sports are still subject to the WADA Code and the WADA Banned List - a well recognised document based on poor and error ridden science and testing regimes. To me the athlete has been screwed again or, should I say, nothing has changed. Only the rich athlete can afford to challenge WADA.

The option is still there for ASADA to appeal a decision to the CAS.

David Howman, at the recent Hall of Fame, Sport Integrity Forum in Melbourne, admitted that the Essendon players had been treated unfairly, that the AFL and ASADA “could have handled it better” and that the WADA science is based on “shifting sand”.

We might well move forward and hope that sport is the winner but the change may very well be generational. The Liberals and Labor have not wanted an Inquiry into the saga because they are both accountable for much of the injustices suffered by our 34 + 3. And I recognise your comments on the role of the AFL in dishing out the punishments under their nebulous “bringing the game into disrepute” rule.

The devil is in the detail though. How will this new system stop a repeat of the Essendon saga. Whilst the NSOs and the independent, government appointed, Integrity Tribunal haggle over process and control of it, the lack of integrity, conflicts of interest will continue to pervade our sports. And the mistakes of WADA will only be challenge by a rich, lawyered up athlete.

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So business as usual then??

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The EJ Legends game is going to have N Bock and Sean Wellman both playing for the All Stars.

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I was looking for somewhere to put some articles relating to the time of the provisional suspensions and Top Ups in 2015 hope you don’t mind me putting them here to remind some here, how Mitch Brown, Walla and Hartley first came to be on the EFC list as Top Ups. A bit of Saga History that some have forgotten apparently:


ESSENDON

Clint Jones, Mitch Brown, Jared Petrenko among Essendon top-up players for NAB Challenge

Jon Ralph and Paul Amy, Herald Sun

February 17, 2015 1:59pm

ESSENDON says it has recruited all but a handful of its 20 NAB Challenge top-up players after yesterday signing five ex-AFL delisted players on Tuesday.

Ex-Geelong forward Mitch Brown, Melbourne on-baller James Magner, St Kilda tagger Clint Jones, ex-Demon Mitch Clisby and Adelaide’s Jared Petrenko all agreed to play for the Dons.

BOMBERS TURN TO RECYCLED RING-INS

They need only to pass medical testing on Thursday to be accepted for at least the first two NAB Challenge games.

Coburg’s Michael Hartley, a former Pies rookie, is also expected to be plucked by Essendon, which now needs only four or five more players to make a pre-season quorum.

Mitch Brown at Trevor Barker Oval. Picture: Chris Eastman

In all 25 Essendon players will either sit out because of infraction notices or preserve the privacy of those on the list in 2012.

Brown’s chance had seemingly passed him by after six years at Geelong, while Magner endured a troubled relationship at Melbourne with Mark Neeld, now at Essendon.

But the Dons believe they have a blend of key position talent, inside muscle and tagging prowess to fill their holes with those 25 players unavailable.

If Essendon players are suspended en masse ahead of Round 1 their ragtag bunch of recruits all have a chance to reignite their AFL careers.

They will be secured only up until the second NAB Challenge game at this stage but footy manager Rob Kerr on Tuesday night said the club needed to start making contingencies for the AFL season.

Jared Petrenko in action for Adelaide’s SANFL team. Picture: Sarah Reed

Western Bulldog Stewart Crameri and Port Adelaide’s Patrick Ryder and Angus Monfries will not play NAB Challenge given infraction notices.

Kerr said details of compensation for the players’ state-league clubs would be worked through in coming days if they were injured playing at Essendon.

“Once the announcement was made on Friday a lot of players agents and players were pretty proactive in making it known they would like the opportunity to play,’’ he told SEN Radio.

“In fairness to (St Kilda and GWS) we have given them a guide as to what our squad will look like but one of the things about the players we wanted to bring in is we wanted them to be hungry for the opportunity and to feel like they still had more to offer AFL football.

Michael Hartley in action for Coburg. Picture: Adam Elwood

“One of our strong criteria was we wanted them to be keen to do well. Obviously there are some challenges around the game plan but we will do our best on the day.”

The AFL has given Essendon a salary cap dispensation to pay the players during the NAB Challenge but that does not extend to the season proper.

Essendon’s preparation for the season proper will be clearly hampered, but Kerr said coach James Hird was working desperately hard to train his players for Round 1.

“The (AFL anti-doping tribunal) has indicated to us they require four weeks to review the evidence and it’s really important we get the right decision and if that is the length of time they need so be it.

“But it is important our supporters are confident what while we have focused on getting players to help us in the NAB Challenge, we are giving our players the best pre-season we can although they won’t be in the NAB Challenge.”

https://www.heraldsun.com.au/sport/afl/teams/essendon/clint-jones-mitch-brown-jared-petrenko-among-essendon-topup-players-for-nab-challenge/news-story/36109db42af9d7360e62558baba1a29f

And as for Walla:

Dons downplay Zaharakis knee injury


Ben Guthrie

Feb 20, 2015 11:44AM

Matt Thompson and Nat Edwards with Friday Footy Feed

David Zaharakis has injured his knee during match simulation

Related

A KNEE injury to star Bomber David Zaharakis has sent a scare through the Essendon camp.

Zaharakis went down clutching his right knee after falling awkwardly in a tackle laid by one of Essendon’s potential VFL top-up players, Anthony Tipungwuti.

The midfielder was carted off the ground alongside club doctor Bruce Reid and went into the rooms to receive treatment.

But the Bombers later downplayed the injury, saying Zaharakis only sustained a minor tweak to his right knee.

Despite the injury looking serious, Essendon high performance football manager Neil Craig told AFL.com.au the star midfielder does not need scans and the expectation is that he will be fit to train on Monday.

“It’s a training session, so you don’t take any risks. There was a bit of a crash early in the first drill,” Craig said.

“That happens every session. We don’t take any risks at all. We don’t expect there to be any issues out of it.”

He was later seen with ice on his knee.

Youngster Will Hams was another casualty during an intense practice match on Friday morning, succumbing to an ankle injury.

Hams, who has dealt with his fair share of injury issues in the past, also left the track in a cart before gingerly hobbling towards the changerooms with medical staff.

Craig said the Bombers believe Hams’ ankle injury was not as serious as it looked.

He later left the club on crutches.

“With those sorts of things you’ve got to wait a couple of days before things settle down a couple of days after (the incident),” Craig said.

“But at the moment the indication is that he’s OK.”

Nippy forward Travis Colyer was the clear standout in the practice match, where his speed and improved kicking were on show.

Jackson Merrett was prominent on a wing, Brendon Goddard’s ball use was first rate, and former Crow Shaun McKernan’s strength up forward was noticeable.

Jobe Watson, Jake Carlisle, David Myers, Michael Hurley and Adam Cooney were among the players not participating in the practice game.

The Bombers’ ‘top-up’ players in former Saint Clint Jones, ex-Cat Mitch Brown and ex-Demon James Magner did not take part in the session, with Craig saying he expects the trio to join in training on Monday.

The other potential candidate – Coburg’s Michael Hartley – failed his medical test and will not join the club for the NAB Challenge.

“We’ve just got to make sure all the correct procedures and protocols are ticked off first,” Craig said.

"Those guys will train once we’ve got all the paperwork done. There’s things like insurance, there’s got to be some contractual paperwork done.

“We think those guys will hopefully start to train on Monday.”

Dyson Heppell’s younger brother Aaron, highly-rated VFL ruckman Sam Tagliabue, former Lion James Polkinghorne and Tipungwuti played in the practice match on Friday and Craig said all four were being considered as replacement players.

Craig said former Cat Jordan Schroder, who is on Essendon’s VFL list, was also in the mix for a spot.

“They’ve all been identified, so they were all pretty excited,” Craig said.

"They’ll have a couple of weeks to impress at training to push their case to play in the NAB Challenge.

"It’s a great opportunity for them. We appreciate what they’re doing for our footy club.

“Our responsibility is to try to put out the most competitive side as we can against the AFL clubs. We owe that to the other teams in terms of their preparation.”

Essendon plays its first NAB Challenge game against St Kilda at Morwell on March 7.

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Apologies,but has the Taylor case been done??? Did he lose?

Had a win. Judge ruled in his favour that discovery should be allowed.

Next minute both parties walking away. Taylor’s financial backers all of a sudden withdrew their support

AFL got to them somehow

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As they say,the casino wins in the end.

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Frustrating that matthew Kreuzer’s season is finished because of elevated heart rate and not one journalist questioning whether he was part of the Paradigm drug trial. Given that he has a history of injuries and plays for Carlton, I’d say he is almost certainly a guinea pig. Media hounds us for years without proof, but when the evidence of drug experiments gone wrong stares them in the face there’s silence. Where’s Mick Warner?

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& they didn’t want a compromised finals year when the chucked us out of the finals …just what did they think our year of the top up players was???

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I’m checking your detail Scarey. Hartley was never a top-up player.
As for AMT, neither was he despite what Hansen said on Marngrook.

No I don’t think so mate.

I’m pretty sure what happened is his backers sought a second opinion on the prospects of the case succeeding from a specialist in the area, and the advice they recieved wasn’t strong enough to convince them to proceed.

That’s only a guess - I’ve got no knowledge of the content of any advice they received - but I can say for certain that a couple of different solicitors were contacting competition and consumer law specialists after Dixon’s preliminary ruling to ask for prospects advice on the case on behalf of undisclosed clients.

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AMT was on our rookie list though I think & might not have gotten in that year to show what he could do …I guess that qualifies him for a top up as he may have just spent the year running around in the two’s other wise …was Hartley on our list??

just reading between the lines …he said his backers were well aware of the risk & promised the money would be there no matter the time it took …& then suddenly just before things started to get interesting they pulled the plug?? I’m very suss about that

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dons23

Can you help us understand why the backers would not have allowed the case to at least continue past the discovery stage? Many of us have little faith that any legal remedy would follow from Taylor’s action, but we were hoping that discovery would uncover some more skeletons which would provide further confirmation of AFL manipulation.

Even though Amnesia Andruska gets a hard time on here for her memory lapses, her notes from the Middleton trial were fascinating.

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You can’t just publically release stuff from discovery can you?