• Essendon appeal confirmed
• Appeal win unlikely, says expert
• Watson medal call on hold
• Comment: Top-ups ease the load
HOW DID it get to this? The Essendon supplements scandal has taken yet another twist with the appeal to the Federal Supreme Court of Switzerland. In simple terms, AFL.com.au tries to answer some of the key questions for you.
When will it be heard?
We're waiting to hear. The Swiss Court should be able to provide a timeline after it processes the documents. The court is yet to confirm whether there will be public hearings.
Where will be heard?
The Federal Supreme Court of Switzerland, sometimes referred to as the Federal Swiss Tribunal, is located in Lausanne.
If successful, will the players return in 2016?
Technically they could. This would create a number of problems for the AFL, including what to do with Essendon's top-up players. There could also be concerns about fitness of the 12 Essendon players and five others on AFL lists.
What will happen with Jobe Watson’s Brownlow?
A decision on Watson's Brownlow was due to be made at the February AFL Commission meeting. That has now been put on hold. If the appeal succeeds Watson might ultimately keep the medal, but if the appeal fails then his right to the medal would again be in serious doubt.
Jobe Watson's 2012 Brownlow Medal remains in question. Picture: AFL Media
Why are they appealing?
That's simple. The 34 players believe they are innocent. They want to clear their names.
What will this cost Essendon?
This whole saga has no doubt cost the club plenty, but in this instance the club's insurers are covering the cost of the players' legal fees in this appeal. You'd expect the insurance premiums to rise though in the future, which will likely affect all AFL clubs.
Which players are still playing in the AFL?
Tom Bellchambers, Travis Colyer, Dyson Heppell, Michael Hibberd, Heath Hocking, Cale Hooker, Ben Howlett, Michael Hurley, David Myers, Brent Stanton, Tayte Pears and Jobe Watson are all still on Essendon's list. Angus Monfries and Paddy Ryder are on Port Adelaide's list. Jack Carlisle joined St Kilda in the off-season while Jake Melksham moved to Melbourne. Stewart Crameri remains at the Western Bulldogs.
Jake Carlisle was traded to St Kilda at the end of last season. Picture: AFL Media
What is the AFLPA’s role in all of this?
As the players' union, the AFLPA has been representing the players throughout this case, assisting with legal advice and dealing with the enormous media attention.
Will we be able to watch the court proceedings?
The Swiss court has ruled out allowing television cameras in the courtroom during any hearings. It's possible journalists and others who are interested could be allowed to attend the Lausanne courtroom in person.
Is the case really going to be conducted in German?
Ja. The Swiss Court has confirmed that German will be the 'procedural language' for the case. All the documentation from Australia has had to be translated. We had initially been told the language of choice would probably be French, but the Swiss have gone with the German option.
If the players are cleared, could they sue for compensation?
The players can sue any either way.
If so, who might they sue and for what?
It's most likely the players will sue the club, and potentially the AFL. It's unlikely they would sue WADA or the CAS itself, because bringing such a case could prove extremely complex and costly.
Are there any precedents, and do they matter?
A handful of appeals have had some success at the Federal Supreme Court of Switzerland. In 2007, Argentian tennis player Guillermo Canas appealed, arguing the CAS didn't deal with all the arguments he'd put forward in relation to a doping charge. The Swiss body ruled in Canas' favour.
Will this be the end?
Not necessarily. There is the possibility WADA could appeal this Swiss decision if it goes against it or the Swiss court could even refer the matter back to the Court of Arbitration for Sport.
