The Governor · @TheGovernorSM
20th Jun 2017 from TwitLonger
Is Greg Hunt ignoring Bruce Francis?
20 June 2017
The Hon Greg Hunt MP
Minister for Sport
Dear Minister @GregHuntMP,
CC: @DannyCorcoran5 @Melbchief @ringsau @Thomo_Grant @NikGiannopoulos @TurnbullMalcolm
The sixteen ‘Strands in the Cable’ in the Court of Arbitration for Sport’s (CAS) Judgement were the key elements in upholding the World Anti-Doping Authority’s (WADA) Appeal against the Australian Football League (AFL) Tribunal’s determination in favour of thirty-four players charged by the Australian Anti-Doping Sports Authority (ASADA) with anti-doping violations relating to Thymosin Beta-4. I have dissected those strands in detail and have proved they have no substance.
The Panel identified the strands in the cable supporting WADA’s case at clause 120 of its judgement. Today, I am addressing CAS rationale nonsense for Strand (xiv)
Strand (xiv) ‘The closed circle of officials within the club privy to Mr Dank’s regime were careful to ensure that even the club Doctor was not made aware of it. It was surely by design, not through accident, that the regime was not disclosed outside the closed circle during the season. In the letter dated 17 January 2012 to the Essendon coach and Essendon football [department general] manager, referred to at paragraph 25 above, Dr Reid said:
“I have some fundamental problems being the club doctor at present. This particularly applies to the administration of supplements. Although we have been using supplements for approximately 3 months, despite repeated requests as to exactly what we are giving our players in the literature related to this I have at no time being given that until last Sunday. Last week the players were given subcutaneous injections not by myself and I had no idea that this was happening and also the drug that was involved.”
‘The letter makes no reference to Thymosin but says in relation to AOD-9604, “I think we are playing at the edge.” On 15 January 2012, Dr Reid framed his protocol to the effect that any substance administered must be proven to be legal, safe, explain to the players and in receipt of their informed consent. The Panel was not prepared to accept that, because Dr Reid was privy to the player Mr Lovett-Murray to being injected with muscle relaxant by another professional practitioner, Dr Hartmann, doubt should be cast upon his ignorance of the injections of Thymosin by Mr Dank. That was a submission too far. Nor can the Panel construe the letter of complaint written by Dr Reid to the head coach and team manager on 17 January 2012 as indicative in any way of a knowledge (even then) that Dr Reid knew about the injections, still less thereafter when he clearly did not, in particular about injections with Thymosin.’
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My Comment
1. The panel has used its tarot cards and tea leaves once too often, and is wallowing around at the bottom of the bird cage using this as a strand in the cable.
2. As I have said a number of times, to find the players guilty, the CAS panel had to have sufficient evidence to be comfortably satisfied that:
i. Dank did not use an immune booster at Essendon. (The evidence indicates he did).
ii. Thymosin was the generic name for Thymosin Beta-4. (ASADA said Thymosin was the generic name for the permitted immune booster Thymomodulin. See ASADA’s Dr Stephen Watt’s email to WADA on 3 July 2012).
iii. Thymosin Beta-4 was purchased by Dank for use at Essendon. (There is no evidence to this effect).
iv. Thymosin Beta-4 was present at Essendon. (There is no evidence to this effect although there is a photo of a vial of Thymomodulin which was taken from Dank’s fridge..
v. Dank administered Thymosin Beta-4 to each of the 34 players. (There is no evidence to this effect). Eight players admitted being administered Thymosin, which ASADA claimed in 2012 was the generic name for the immune booster Thymomodulin).
3. The panellists deluded themselves by guessing that a closed circle of officials kept Dr Reid in the dark compensated for the absence of purchase documents for Thymosin Beta-4, the absence of delivery documents for Thymosin Beta-4, the absence of any player admitting he was administered Thymosin Beta-4, or the absence of anyone sighting Thymosin Beta-4 at Essendon. There have been more creditable sightings of Lord Lucan, the Tooth Fairy, the Easter Bunny and the Loch Ness Monster than there were sightings of Thymosin Beta-4 at Essendon. And let’s not forget that in 2012, ASADA acknowledged that Thymosin was the generic name for the permitted immune booster Thymomodulin.
4. Without any evidence to support its outrageous defaming of the players and officials, the panellists believed the 45 players and a small closed circle of officials knew that they were being administered banned substances and kept it a secret from Dr Reid and the world.
5. The actions of Stewart Crameri, Brent Prismall, Paddy Ryder and Angus Monfries should have been sufficient to kill stone dead the suggestion that the players conspired to keep a secret that they were administered a banned substance. These four players turned down an offer of a two-match suspension if they admitted being administered a banned substance. To their credit, all four refused to lie in order to escape with a two-match suspension. If they were guilty they would have to have been insane not to take the deal.
6. Although, in the absence of purchase documents, invoices, delivery documents, sightings, photos and admission of administration, the alleged secrecy has no validity at all, it’s still important to ascertain how secret the programmes were. The following is an incomplete list of those who knew about the supplement/peptide/amino acid programmes:
• 45 players
• 45 parents/wives. NB Stewart Crameri’s mother stated publicly that she checked the status of every substance, including Thymosin and the variations on the WADA and ASADA websites to ensure her son was not being administered a banned substance. Additionally, Hal Hunter’s mother Mrs Stevens was a scientist and she told the ABC 4 Corners program that she examined the scientific literature of every substance given to her son. It’s ludicrous to imply that Mrs Crameri and Mrs Stevens would not have screamed from the roof tops if their sons were administered a banned substance.
• Carlton Football Club physiologist Johann Bilsborough, who secretly taped a conversation with Alavi on 27 June 2012.
• Carlton high performance manager Justin Cordy
• Carlton board members Greg Swann and Marcus Clarke
• Brian Roe from Athletics Australia was told by ASADA in 2012 about Essendon’s supplement programme.
• The AFL’s medical director Dr Peter Harcourt
• AFL’s Andrew Demetriou and Gillon McLachlan
• 3AW’s Gerard Healy claims he knew for 12 months.
• Match day property steward Carmelo Gervasi, who was not only injected by Dank, but sat in on the players being injected. He wasn’t asked to sign a secrecy agreement.
• Current CEO Xavier, who was injected by Dank
• Essendon president David Evans who looked at investing in AOD-9604 on 21 February 2012
• Essendon CEO Ian Robson
• General Manager Football Operations Paul Hamilton
• Football manager Danny Corcoran
• Assistant coaches Sean Wellman, Simon Goodwin, Mark Thompson, Matthew Egan
• Secretary Sue Anderson
• Dean Wallis
• Psychologist Jonah Oliver
• Development manager Hayden Skipworth
• Development coach James Byrne
• Weights trainer Suki Hobson
• Conditioner Paul Turk
• Assistant accountant Scott Gissing
• Team manager John Elliott
• Bradley Holt
• Essendon accounts receivable clerk
• Essendon financial director
• Melbourne Football Club doctor Dan Bates and numerous Melbourne players
• Compounding pharmacist Nima Alavi
• Shane Charter
• Serge Del Vecchio
• Dr Malcolm Hooper
• Dr Robin Willcourt
7. The above was not a comprehensive list of those who knew about Dank using supplements. In response to a question about whether the program was a secret I received the following comments. “The whispers about the club were that we had a ‘medical Marabout’ in residence at Windy Hill who could fix all manner of medical ailments – Dank. He saw many club people and prescribed all manner of things to fix obesity, bad backs and sexual dysfunction. One staffer received almost daily injections of substances to help maintain the party lifestyle. Seriously most at the time thought that Dank was the messiah and a fixer. All the trainers, all the recruiters and property people knew.”
8. No matter what anyone thinks of Dank, it is incomprehensible that he would believe that not a single person out of over a 100 plus people in the know would report him in if he were administering a banned substance.
9. Dank was aware that clause 7.4 of the AFL’s Anti-Doping Code required each player to table with Dr Reid a list of every substance taken by the player at the club and away from the club. Thus, if the players complied with his non-negotiable obligations, it was impossible to hide anything from Dr Reid.
10. Dank testified under oath to the Australian Crime Commission (ACC) in May 2012 and November 2012 that he didn’t administer a banned substance. He was told perjury would result in a custodial sentence. As four years have elapsed since his first appearance, it is safe to conclude that the ACC hasn’t found any evidence to charge him with perjury.
11. There was no ‘closed circle’ of officials privy to Dank’s supplements regime that was purportedly keeping Dr Reid in the dark.
12. Characteristically, the panel has not disclosed the names of the officials that it believes were part of the closed circle. As they’re ‘keeping us in the dark’ about that, I must attempt the same ‘mind-reading’ technique they seem to employ frequently in regard to Dank, the players and others, and I’ll conjecture that they’re not just referring to Dank and Robinson, but also to Paul Hamilton, James Hird, Mark Thompson and Danny Corcoran.
13. In reality, Dank and Robinson were the only ones privy to the complete details of what should properly be called the Dank and Robinson supplements regime for individual players. They failed in their responsibility to keep Dr Reid in the loop, both in providing information and seeking approvals. Further, they failed to keep proper records. Essendon has already paid a massive $2 million fine and been penalised with other sanctions for the failure of proper governance that would have detected and corrected this cavalier behaviour and careless lack of attention to protocols by Dank and Robinson at a much earlier stage. To be now punishing the players over the same governance issues - as it is still the failure to follow proper protocols and recording keeping, and not any evidence of an actual anti-doping infraction, that has been evidenced here - is a most egregious form of double jeopardy on both the players and the club. In imagining some kind of nefarious ‘closed circle’, WADA and the CAS panel have chosen to ignore key events that belie their assertion.
14. In May 2011 Essendon chairman David Evans, CEO Ian Robson, Danny Corcoran, Paul Hamilton, James Hird and Mark Thompson agreed that the club had to adopt a more scientific approach. Each understood that the program would involve the taking of supplements, as was already the case in several of the other clubs.
15. With the above in mind, Dean Robinson, formerly of the AFL’s own club, Gold Coast Suns, was appointed to the position of high performance coach and commenced duty on 25 August 2011.
16. On 30 August 2011 Essendon bought 60 vials of Vitamin B Dose Forte. They were administered to the playing group by injection by club doctor Brendan De Morton at the request of Robinson. Dr Reid was aware of the purchase and sanctioned its use. This was the first occasion that the players were administered a supplement injection.
17. On 19 October 2011, the first day of 2012 pre-season training, Dr Reid discovered Robinson handing out Tribulus tablets. Concerned about their status, he immediately reported it to the AFL. The AFL failed to follow-up. Hird was overseas at the time and Reid told no one at Essendon, although he chastised Robinson. Tribulus in not a prohibited substance.
18. On 4 November 2011, Dank joined Essendon as a consultant, not as an employee. Dank was responsible to Robinson, who also had the doctors, physiotherapists, psychologist, nutritionist, and the weights and conditioning trainer reporting to him. Robinson reported to Paul Hamilton, who was general manager of the football department. Hird reported to CEO Ian Robson and had four assistant coaches reporting to him. He and his team were on a different branch of the organisation structure from the football department and had no responsibilities for the supplements.
19. As Stephen Dank had legally administered a banned WADA substance to a member of the public prior to being employed at the AFL owned Gold Coast Suns, he had breached clauses 2.7 and 2.8 of the WADA Code. Consequently, the AFL made a grave and unforgivable mistake in allowing him to work with AFL clubs. Clearly, if the AFL had fulfilled its obligations to WADA, the Essendon saga would not have occurred.
20. Hird’s only involvement in the supplements was to support them in principle and to constantly remind those responsible for deciding on the supplements that:
• the supplements had to be WADA permitted
• Dr Reid had to approve their use
• the players had to consent to their use
• they could not harm the players
21. The protocols were very simple, in line with Hird’s mantra above, and everyone understood them and ‘signed-off’ on them. Dank was required to recommend a substance to Robinson. If Robinson were sold on the substance’s benefits he had to get approval from Dr Reid to use it. If Dr Reid approved it, Robinson then had to get permission from Hamilton to purchase the substance. On or about 13 January 2012, Dr Reid discovered Dank administering AOD-9604 injections and Tribulus orally. Robinson had not sought approval from Reid for their use at this time and no one apart from Dank and Robinson was aware those two substances were being used. Reid was very angry. Because Paul Hamilton, his department head was absent he mentioned it to Hird. Hird told Reid that he must discuss the matter with Hamilton, and suggested that if he weren’t happy with the outcome of that discussion, he should write a letter to Robson, the CEO.
22. Hamilton spoke to Robson that afternoon and admonished Robinson the next day for not keeping Dank under control.
23. On 15 January 2012, Reid helped Robinson and psychologist Jonah Oliver write the new protocols, which Robinson distributed. Everyone accepted that without Reid’s permission, supplements were not to be given to the players. It is now obvious that Robinson and Dank didn’t keep their commitment in relation to seeking Dr Reid’s approval at every step along the way.
24. Reid, who had been opposed to using supplements from the start, dug his heels in and it was feared by those who believed in supplements in principle, that he wouldn’t approve the administering of any further substances.
25. On 30 January 2012, Hird sent an SMS to Corcoran:
‘No stress but need to organise a meeting with you me Reidy, Danksy and Weapon [Dean Robinson] the day you get back. Reidy has stopped everything, which is getting a little frustrating. Need to get your United Nations skills back into action.’
26. It seems that the above was submitted as evidence that Reid was being kept out of the loop by Hird, and for nefarious reasons. In another example of WADA seeming to omit crucial evidence that would help the players’ defence that they weren’t administered Thymosin Beta-4 and that there wasn’t an inner circle involved in a conspiracy to have them injected with the substance behind Dr Reid’s back, the second half of the above text was omitted in WADA’s submission:
‘Understand about injecting and don’t want to push the boundaries. Just need to make sure we are doing everything we can within the rules as the other clubs are a long way ahead of Reidy and us at the moment’.
27. This SMS is evidence that Dr Reid wasn’t being kept in the dark by an ‘inner circle’, and there was no intention of keeping him out of the loop. Reid wasn’t being kept informed to the extent he should have been by Dank and Robinson. However, and in his view, he wasn’t being asked for approval when necessary. He simply wanted Dank and Robinson to stop. Although Hird was frustrated, he was the one who had always emphasised the need for Reid’s approval and knew there was no supplements for the players without it. To that end, he hoped that Corcoran could persuade Reid to continue with the players receiving their individual supplements. Everyone except Dank and Robinson accepted that without Reid’s permission no supplements could be administered to the players. It was therefore unconscionable for the CAS panel to state that a close circle of officials within the club privy to Dank’s regime were careful to ensure that even the club doctor was not made aware of what the players were receiving.
28. Dank and Robinson claimed that between 15 January 2012 and 8 February 2012, they obtained Dr Reid’s permission to administer AOD-9604, Tribulus tablets, Colostrum tablets and Thymosin injections, and these were the substances included on the player consent form. Reid testified that he only agreed to AOD-9604 being used.
29. When Hamilton, Corcoran, Hird and Thompson saw the player consent form they all automatically believed that Reid had given permission for AOD-9604, Thymosin, Colostrum and Tribulus to be used.
30. As far as Hamilton, Corcoran, Hird and Thompson were concerned those four substances and the Vitamins ‘B’ and ‘C’ intravenous treatments constituted the program, which would then be individualised for each player, and they believed Reid had approved it.
31. The four of them were assured by Dank and Robinson that all four substances were WADA permitted. There was simply no reason for the four of them to hide anything from Dr Reid.
32. Unbeknown to Hamilton, Corcoran, Reid, Hird and Thompson at the time, in April 2012, Dank and Robinson organised for Dr Hooper to administer Cerebrolysin and an amino acid, to some of the players, while they were attending Hooper’s hyperbaric chamber, HyperMED.
33. When Reid, Corcoran, Hird and Thompson eventually found out about the unauthorised injections at the HyperMED, though involving nothing prohibited, they insisted that all injections be stopped.
34. By July 2012, Dr Reid and Corcoran were so disenchanted with Dank and Robinson administering substances without Reid’s permission they asked president David Evans and CEO Ian Robson to dispense with their services. Hird supported their request. Their request was declined on the basis of financial cost. The Essendon board endorsed Evans and Robson’s decision not to terminate Robinson.
35. As an illustration of the likelihood that even Robinson was cavalier and incompetent with administrative protocols rather than intentionally keeping any aspect of the supplements from Dr Reid, ASADA recovered an email sent from Robinson to Reid informing Reid that he was commencing Thymomodulin injections. As Robinson wasn’t asking for approval, it appears he believed he already had permission and was just informing Reid of a commencement date.
36. Hird had 7000 SMSs on his phone and not one alluded to keeping Dr Reid out of the loop. In fact, none of Hird, Thompson, Corcoran, or Hamilton was in Robinson and Dank’s loop of information for the vast majority of the time.
37. The panel’s totally unsubstantiated claim, heavy with innuendo, that, ‘It was surely by design, not through accident, that the regime was not disclosed outside the closed circle during the season’ deserves censure.
Minister, the panel proved how ignorant they were about the machinations of AFL football clubs when it implied that the players conspired to keep the alleged use of banned substances a secret:
• One hundred plus people knew about the programme.
• Only 22 players are selected in the first team each week. Potentially, 23 players are aggrieved each week. It’s inconceivable that there wouldn’t be a whistle blower among the aggrieved players.
• Each club is required to cut three players from its list every year. Invariably, these players don’t believe that they should have been cut, and become antagonistic towards the club.
• Some players transfer to other clubs. Dank would have known that if he had administered banned substances someone would have reported him and the club.
• The panel was implying that 45 players conspired to cheat. That is impossible to believe.
Minister, the polls are running neck and neck between you and the panellists over whose actions, or lack of actions, were the most reprehensible. Suffice to say, you have achieved the impossible and have less support than the prime minister, and the mob wants you and the panellists to resign or be sacked if you all don’t try and redress the greatest injustice in Australian sporting history. A Royal Commission would do the trick for you.
Yours faithfully
Bruce Francis