End in sight: Doping saga finally gets hearing date
The AFL's Anti-Doping Tribunal, which consists of chairman David Jones, John Nixon and Wayne Henwood, will hear the ASADA charges brought against 34 past and current Essendon players arising from the Bombers' 2011-2012 supplements program after infraction notices were issued on Friday.
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The Tribunal held a directions hearing on Tuesday at Etihad Stadium, where the AFL and a lawyer representing various media outlets argued that the Tribunal's hearing of the matter should be made public to the media.
ASADA and 32 past and current Essendon players opposed the hearing being opened to the media, arguing that no previous anti-doping case in Australia had been conducted in public.
But the lawyers for the other two players told the Anti-Doping Tribunal they supported a public hearing subject to appropriate restrictions being placed on the attending media.
AFL.com.au has chosen not to reveal the names of the two players (who are no longer at Essendon).
The AFL Anti-Doping Code states that all hearings should be held in private unless otherwise authorised by the Anti-Doping Tribunal chairman.
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AFL lawyer Jeff Gleeson SC argued that chairman Jones should exercise his discretion to conduct the hearing in public given the significant public interest in the matter over an extended period of time and the importance of the proceedings to AFL football's integrity.
Justin Quill, representing four media outlets, said an open hearing would help restore confidence in the AFL by increasing the public's understanding and acceptance of the Anti-Doping Tribunal's eventual ruling.
When it was put to him by chairman Jones that no other anti-doping case in Australia had been heard publicly, Mr Quill said that no other case had been as extraordinary and high-profile as this case.
"There has been no greater risk to the game of AFL football,” Quill said.
"But there is no greater opportunity to restore confidence than by an open hearing.”
Mr Quill said it was the "exact type of case" for which the chairman should exercise his discretion to call a public hearing under the AFL Anti-Doping Code.
Patrick Knowles, for ASADA, said confidentiality provisions in the ASADA Act, National Anti-Doping Scheme and World Anti-Doping Agency Code could be breached if the Anti-Doping Tribunal hearing was heard publicly.
Clause 14.2.3 of the WADA Code provides that an athlete who is cleared of charges at a hearing can refuse to have the findings made public.
Mr Knowles said to allow media to attend the Anti-Doping Tribunal hearing would "impermissibly trample" on the rights of the 34 players under clause 14.2.3.
Ben Ihle, representing 32 past and current Essendon players, said that making the hearing public could make witnesses unwilling to appear, which would be prejudicial to his clients' cases.
Mr Ihle also argued that there was a reasonable expectation under the Information Privacy Act that the information gathered during the ASADA-AFL investigation into the Bombers would not be released publicly.
Mr Quill said he would tender draft protocols to the Anti-Doping Tribunal containing proposed restrictions on the media in the event the hearing was made public.
Chairman Jones reserved the Tribunal's decision, but said it would be made public before the hearing.
The AFL said in a statement the Tribunal will meet again on December 8 "to finalise procedural matters".
The hearing date has been tentatively set for December 15.
