Western Bulldogs President Peter Gordon Considers Appeal Against Essendon Suspension Ruling
Western Bulldogs president Peter Gordon is contemplating an appeal against the suspension handed down to 34 former and current Essendon players for a doping violation. Gordon, who is also a lawyer, believes the Court of Arbitration for Sport (CAS) made several factual errors in its decision and is exploring legal options to challenge the ruling.
Gordon has been in discussions with Swiss attorneys regarding the possibility of appealing the CAS decision. This may involve seeking an interim injunction that could allow players like Stewart Crameri and Brent Prismall, currently associated with the Bulldogs, to participate in the upcoming season while their appeal is considered by the Swiss Federal Tribunal. The appeal paperwork would need to be submitted by February 10, though a hearing is unlikely to occur before the end of the regular season.
The potential appeal from Gordon’s perspective centers on three main issues. First, he argues that a rule change during the AFL anti-doping tribunal hearing allowed for a more severe review process, which he contends unfairly disadvantaged the players. Initially, the players were subject to the 2010 AFL anti-doping code, which limited appeals to cases involving legal errors or gross unreasonableness. However, the updated code introduced during the tribunal permitted a broader review by CAS, which Gordon argues constitutes a form of double jeopardy.
Second, Gordon and his legal team are considering challenging the CAS decision on the grounds that the panel did not adequately address the players’ defenses regarding their involvement in the controversial 2012 Essendon supplements program. Lastly, there is consideration that the length of the suspension imposed may be deemed unreasonable.
Gordon emphasized that this appeal is not merely a personal or organizational decision but one that deeply affects the 34 players who he believes have been subjected to severe injustice. Player agents have expressed support for any actions that could benefit the suspended athletes.
The AFL has indicated that the decision to appeal lies with the players themselves. Gordon highlighted that a majority of the judges who reviewed the case were opposed to the suspensions, and he expects historical judgment to recognize the gravity of the situation faced by these young men.
If an appeal is pursued, it could introduce further complications into the AFL season, particularly affecting the Essendon Bombers, who have been recruiting additional players to fill the gaps left by the suspensions. This situation might also impact the recruitment and placement of top-up players across various leagues. Additionally, there are concerns about the readiness and mental state of the suspended players should they be reinstated.
Legal discussions are ongoing regarding potential compensation claims for the affected players, and independent legal counsel is being sought. Meanwhile, the architect of the supplements program, Stephen Dank, may face further legal actions. The Bulldogs, along with other clubs, are also advocating for changes to the current rulings affecting player elevation and recruitment.