Lucifers Hero

http://www.theage.com.au/afl/afl-news/stephen-dank-i-want-to-clear-the-names-of-the-essendon-34-20160202-gmjigs.html

OMG!!  Dank still wants to clear the 34 players!!  A bit late I would think...

That article contains so many Dank utterances contradicting what he has said in the past it isn't worth commenting. 

The only thing in the article I found believable was:  "Dank, however, no longer has detailed documents outlining what the players were injected with, maintaining these were erased under the watch of the club's former administration".

Very convenient.  Bit by bit the truth comes out...

Looks like we may be joining the top-up party:  http://www.afl.com.au/news/2016-02-02/demons-seek-topup-rookie-for-suspended-melksham?utm_source=feedburner&utm_medium=feed&utm_campaign=RSS+feed%3A+AFL+Latest+News

But we would upgrade a rookie to our senior list and top up the rookie list to maintain a full list.  However, it seems we are not too fussed:  "It is believed the Demons are in no rush to bring in a new player in place of Melksham, with the club under the impression the player would be inadequately prepared from a fitness point of view, as well as being behind in understanding the club's game plan". 

As Melksham was never really there, we are not going to miss him...its more a case of keeping the overall numbers topped up.

Further to that post.  I can see the end result being: Jobe keeps Brownlow; players get all sorts of paid gigs by sponsors, media etc;  players will get paid (hence why StK is making so much noise about who pays), take a nice holiday for the next 9 months and someone generously organises training for them at some exotic location.  Then they come back to the game as heroes.

So the only penalty is they don't actually play for a year...a bit like Hird not coaching for a year...no penalty at all really. 

Everyone wins:  WADA get their conviction, CAS upholds the clean sport principle and sends a message to sports to not try the 'doped but duped'/'dog ate my homework' argument, EFC  gets top draft picks, players get a soft landing.

Losers:  respect for ASADA and clean atheletes/sports.

So much for 'cheats never prosper'.

http://www.theroar.com.au/2016/02/02/asada-says-sponsorship-is-an-issue-for-the-afl/

ASADA say:  "it is up to the AFL to decide whether Dyson Heppell’s promotion of an Essendon sponsor is appropriate.

But wait!  When told of Heppell’s tweet, an AFL spokesman said it was up to ASADA to comment.  Is this a case of 'pass the parcel'!

More importantly it staggers me that:   'An ASADA spokesperson later said: “the sanctions are imposed by the AFL and any enquiries about appropriate activities should be directed to them'. 

My reaction is no, no no, NO!  The AFL will push the envelope to advantage EFC and the players!  Have ASADA learnt nothing about the AFL's potential for duplicity over the last 3 years?  I understand that the AFL impose the sanctions but surely ASADA is there to ensure the sanctions are enforced!  As a minimum I would have expected ASADA to say something like: the AFL impose the sanctions but they expect it to follow all the WADA/CAS rules for suspended players, to the letter and in the spirit of the law.  

I fear ASADA have gone soft, after all they were always in favour of the players getting off lightly.  I'm beginning to think they have a 'now that WADA has its man/men convicted' lets give the boys a soft landing attitude.

This article is about Petracca http://www.melbournefc.com.au/news/2016-02-01/trac-back-on-training-track but there is a snippet about Jack's progress:  Trengove remains in the rehab group but was running hard and testing his agility in drills at training on Monday, with a return to full training not too far away...."Jack's progressed every week with his running and he'll start to join in full training over the next little period, all things going well," Mahoney said.

This appears to be on the favourable side of Jack's own expectations a few weeks ago.  It doesn't say whether he is kicking but that he will start full training suggests he is just about there.  A few more boxes ticked off toward getting him back on the park

You have to wonder what his manager was doing or not doing!

You would think he would check out prospects with other clubs before letting his charge sign another contract.  Cam played some good games before re-signing. His potential/ability was known.  If nothing else his manager could advise him to wait a few months longer before signing.  (That is exactly what Jesse's manager did.  By all accounts Jesse was ready to resign with us during the summer but his manager had a word in his ear to hold off and let the season roll out.  That is exactly the right thing for a manager to do).

All very well for Cam's manager to shout from the rooftops that they will be back for a trade in 2016.  He had options before Cam re-signed - the kid had just turned 19!  The manager must share some responsibility here.  Its his job to keep his charge out of these situations.

What if Cam was your son or brother...would you be happy how it has played out.  I'd be having a few stern words with the manager to be honest!!

There is much media discussion about top up players, payment of salary etc for the non EFC, AFL clubplayers. The press seems to have forgotten that we have one - articles like this one don't even mention MFC or Jake: http://www.theage.com.au/afl/essendon-to-pay-carlisles-st-kilda-contract-this-year-20160131-gmi4ai.html"

I really like the position MFC has taken: An early, clear statement that Jake was recruited for the long term...nothing to see here folks.  No hue and cry about top-ups or salary payments, no whinging etc. (that is not to say our lawyers are not having discussions with the AFL)

Nothing to distract players, coaches, admin or fans from getting on with football.  No attention from the media.  No spotlight on us.  We are quietly going about our business like a really professional club.    

People say a club needs to be successful off the field first to be successful on the field.  Well, MFC is kicking an abundance of goals in most areas off-field, it is only a matter of time before the on-field results follow.  I've moved beyond being hopeful; I'm finally ready to believe.

40 minutes ago, bing181 said:

As I understand it, suggesting that Melksham's contract would/should be paid by Essendon.

http://www.heraldsun.com.au/subscribe/news/1/index.html?sourceCode=HSWEB_WRE170_a&mode=premium&dest=http://www.heraldsun.com.au/sport/afl/essendon-could-be-forced-to-pay-the-salaries-of-banned-players-at-rival-clubs/news-story/f2ec419c9cfad4301ada984679405a09&memtype=anonymous

I can't get behind the paywall so am responding just to your comment.  Does the article say anything about CAS rules on player payments?  Or have they found some backdoor way around the CAS rules? 

As I understand those rules players cannot be paid by an entity connected to the AFL, while suspended. Hence why the AFLPA was trying to get compensation claims against EFC and AFL settled out of court - players would get money sooner rather than later.

Those 3 organisations have gone very quiet of late...not sure what they are hatching.  I don't trust any of them!  

Maybe CAS suspension and appeal rules are so watertight that players will have to take their medicine 

I can't help but think the personal issues with McCarthy run deeper than 'homesick'.  What budding elite player would sit out a year of football and do a dummy spit just to prove a point?  What club would so readily give that player extended time out to move back to the other side of the country if the issues weren't serious?  If he wasn't training well or unmotivated play him in the reserves instead. 

Maybe GWS underestimated his issues 3 months ago.  Maybe there are things happening in WA that are very distressing for him.   He may drop out of footy all together.  I have no idea but this seems a very unusual situation.  GWS deserve credit for now reccognising there is a real issue and looking after his overall health and wellbeing.  

I just don't see this as a Mccarthy ploy.  I very much give him the benefit of the doubt, wish him well and hope he returns to football sooner rather than later.

2 hours ago, Dees2014 said:

The complacency the AFL has exhibited is just staggering, and appear to continue to think they have so much power all they need to do is to manipulate and spin any situation they come across for their own ends. 

As the biggest and most powerful sporting code in the country, they have become equivalent to many fat and lazy, and immensely powerful multi national corporations - they come to suffer from hubris. There can be no greater demonstration of this than the Essendon saga and this is at a time when their main rivals for the leisure dollar are getting stronger not weaker. 

It think I am right in saying that of the largest top 50 corporations in the world 30 years ago, less than 50% of them have that status now. Through their arrogance and complacency, and aversion to change, they eventually wither and die: or worse, become irrelevant. 

For those of us who love Australian football, this also helps explain why a number of us have spent so much time and effort on here advocating that justice be done in this saga, and why local institutions had to act appropriately. This is more than can be said for the AFL. Thank goodness for the integrity of the men and women of ASADA, WADA and CAS who inspite of immense political and media pressure stood firm and eventually delivered a just outcome. 

Well said Dees2014.

19 minutes ago, bazza226 said:

Peter Gordon is not associated any more with the publicly listed Slater and Gordon Ltd. 

But his son (from S&G), who is representing the bulldog players, is so to my mind there is still a conflict of interest between the Gordon family and the WB players.  Others may have a different view.

An item on today's financial pages:  Slater & Gordon shares plunge on concerns the firm missed deadline to update on cashflows.  Shares have gone from $6 a year ago to 60c today.

One ambulance chaser going after another: http://www.heraldsun.com.au/news/law-order/maurice-blackburn-launches-class-action-against-rival-law-firm-slater-and-gordon/news-story/6437bb1acd95f43c558ebfecd29843b3

EFC are rapidly becoming a protected species - Just reported that the fine from the Worksafe case is a paltry $200,000.

It is wrong that the club is to get away very lightly from the whole saga:  They will get their draft picks back by finishing at the bottom of the ladder.  They will get the $2m fine back as the AFL will chip in coin to settle with the players.  Their insurance and coterie will cover legal and other costs.  Increased memberships have replenished the coffers.

Overall, EFC get barely a scratch on the duco, blink and carry on whereas players are smashed, tarnished for life!  The penalty imbalance is so wrong.

11 minutes ago, Chris said:

Was thinking that while reading through the article and it was all confirmed with his last line. Threw away any perception of impartiality he had in those few words. 

I wonder if he is/was tied to the case in some way?

I had a look at his background and the legal firm he works for says on its website that it specialises in 'personal injury' cases. 

Maybe it is a preemptive application for a gig with any of the 34 players who are disenchanted with their current legal reps!!

13 minutes ago, daisycutter said:

anyone know when the cut-off date is for lodging a cas appeal?

nice circuit breaker there dc

Feb 10 is the cutoff date.

Edit:  As  WJ mentioned in his post:  The Court will in the first instance hear whether the party lodging the appeal has valid grounds based on jurisdiction.  So an appeal may not get off the ground if it fails at this stage which WJ suggests it will fail here.

Thanks WJ.

Can they succeed in getting an injunction that will allow players to play while grounds for an appeal/appliction are being established?

http://www.theage.com.au/afl/afl-news/essendon-34-banned-bombers-swiss-appeal-may-taint-afl-season-20160126-gme99r.html

Well, a fine old mess this will be!

The real reason behind an injunction and an appeal is now clear!  Peter Jess:  "The full hearing, if papers are lodged, could be two or three years away. It's not a bad idea, especially for the older blokes who may only have a couple of years left and could return to their clubs soon."  Yep, lets appeal!  By the time it is heard there will hardly be any players left playing for AFL clubs.  But Jess ignores all the other players with football related careers who will lose their livelihood if the appeal fail.

An issue: What if EFC win a premiership and in a few years the appeal fails?  Jess: no problem, only the players lose the medal, EFC are still premiers.  I thought he was a player manager!  Don't know much about Jess but he isn't sounding to smart of late.

From the article:  The AFL Players Association is also considering an appeal, even through the NSW Supreme Court – as the CAS hearing was held in NSW – on behalf of the other 32 players.

The article says:  Both appeals would likely be funded fully or in part by the players' association.  This really means the AFL as the AFLPA is funded by the AFL!!  I thought EFC were funding players' legal action!  Yes, it is very easy to appeal when using other people's money!! 

The players have a right to appeal but not to have it funded by the AFL.  It will be a disgrace if the AFL uses money intended for the development of the game or other clubs for any of the 34 players. 

The AFL's silence atmo is deafening! 

5 hours ago, La Dee-vina Comedia said:

I wouldn't dismiss Peter Gordon lightly. He's a specialist in class actions and this class of 34 may be able to identify sufficient grounds for appeal. If it is correct as claimed somewhere (in The Age today, perhaps?) that one of the 34 ceased his involvement in the injection program before TB-4 was ever introduced, that player clearly has been unfairly treated by CAS. I'm not arguing the facts - I don't know whether that claim is true, false or provable. But ask yourself this question: If Jake Melksham was that player and it can be clearly demonstrated that he could not have been injected with TB-4, is it fair that he cannot play for us this year? And if the process has failed that one player, I think it raises doubts about the whole CAS process which may be worthy of an appeal.

Charges were brought only against players who both: 

• signed a consent form to receive Thymosin; and
• admitted receiving injections from Mr Dank.

There were 34 players that met those conditions. 

So a player now says he stopped injections before TB4 was introduced.  So one of 2 things happened:

- He didn't say it in his ASADA interview so that evidence didn't go before CAS.  I would say that is his bad luck. Too late now.

- CAS rejected that evidence (eg CAS found plenty of evidence of player cover up so they didn't give much credence to what they said, or CAS found his injection dates did match up with TB4 dates).

He gave consent to receive Thymosin, he had injections. And if no-one knew what was being injected how could the player be so sure he didn't get TB4.  A very flimsy basis for an appeal, I reckon.

The press will find lots of player anomalies in the coming weeks but I wouldn't put much cred on what they now say. 

They had their chance to tell their stories, the whole truth.  That they didn't take that opportunity is unfortunate but that is how the law works, and should work.

31 minutes ago, The Oracle said:

I can see why Gordon is looking at an appeal with an injunction to allow his players to play and therefore avoid the CAS result pending its outcome. It allows Crameri to play out another year of his contract and who knows if he'll be needed next year?

Who knows how many of the remaining 12 at Essendon would be required players next year or would want to play there? In the event that they get an injunction, the process will only keep this hanging over their heads for another 12 months. But do they really want that?

I doubt it 'Oracle'.  I reckon some, maybe a lot of players will take their medicine.  Just get it over and done with. 

The Argentinian appeal case Gordon refers seems significantly different to this one.  The odds of winning an appeal seem minute.  I would hope Melksham sits it out even if there is an injunction.  Then he will have 3 years clear run to fulfill his contract and repay the faith.

I was wondering if mfc foresaw he might get suspended (for some months if not all season) and gave him a training program before the verdict just in case.  We probably recruited accordingly - maybe it was easier giving Jones a rookie spot - experienced on baller for experienced on baller.  I wouldn't be surprised by such proactiveness as we aren't asking for a top-up player. 

And we have been ahead of the game in other list management areas in recent years. 

1 hour ago, Whispering_Jack said:

Top 15 questions answered

This bloke has a fairly sound knowledge of the situation. 

A law student, I believe.

Interesting to read that Dr Reid gave evidence via video link to CAS - first time I've heard that.  He has been completely exonerated by CAS.  It is a bit shameful that the AFL went after him they way they did. 

Overall, it certainly reads like it was an open and shut case! 

Now Fahey goes whack, whack, whack to the AFL!   http://www.theage.com.au/afl/afl-news/afl-would-become-laughing-stock-of-world-sports-if-it-separated-from-wada-20160124-gmd9tb.html

Fahey: "I would think they [the AFL] would become the laughing stock of sport around the world if they [separated themselves]..."Why are they different to 679 other associations who believe you shouldn't cheat in sport?"...Fahey warned the AFL against following the example of major US sports..."They are privately owned, and as a result of being privately owned, they make their own rules," he said.

So many politicians supporting players or AFL withdrawl or saying nothing has been nauseating. 

Its about time someone with some authority spoke up. 

Well done, Mr Fahey.

2 hours ago, biggestred said:

fahey goes whack

Gold

I liked this part: 

"The 34 players knew what they were doing," he said.

"They actually signed a statutory declaration – they took an oath which carries a criminal penalty for failure. 

"And surely they didn't think they were doing that to whiten their teeth – getting all those injections."

Fahey very strong in his condemnation.  That should quieten all the player sympathisers and the rubbish about being duped.

15 minutes ago, La Dee-vina Comedia said:

Although I don't agree, I think I can see where Balme is coming from. The AFL is a purely local competition. There is no international competition at all. Therefore, in the mind of people like Balme, the AFL should make its own rules because whatever happens within the AFL competition doesn't affect anyone else. It's not like a club from, say, Spain, misses out on winning an AFL Premiership flag or someone from Japan missing out on a Brownlow medal because someone within Australia was doped up. Before I get jumped on, I repeat, I don't agree with the view.

Like you I disagree with the view as the vast majority of players in the AFL would not 'cheat' and they would be affected if other players/teams en masse break the anti-doping code be it AFL's or WADA's.  And we know the AFL Tribunal is a joke when it comes to penalising well known players for on-field misdemeanors so it is reasonable to assume its inconsistency would continue if the AFL separated from WADA. 

Breaking away from WADA (which won't happen) would be a free-for-all as the AFL and its Tribunal are too weak/inconsistent to enforce its own rules and values. 

Does anyone else think our talented young men players have overstepped the mark with their outspokenness?

Hewitt was brash, at times obnoxious but he always showed great respect for the game and usually for other players, especially the greats of the game. 

Kyrios and Tomic have potential galore but Kyrios' on court behaviour and the media comments of both, make me cringe.  Their latest antics: 

Kyrios answers mobile on court: http://www.theage.com.au/sport/tennis/australian-open-2016-nick-kyrgios-in-hot-water-after-answering-his-phone-on-court-20160123-gmcphj.html

Tomic puts down Federer (rightly or wrongly I don't know but not very smart): http://www.theage.com.au/sport/tennis/australian-open-2016-bernard-tomic-takes-aim-at-roger-federer-20160123-gmcptn.html

Maybe they should let their racquets do the talking until they actually achieve something!