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All 34 players file appeal

All 34 of the suspended Essendon current and past players have committed to an appeal against their Court of Arbitration for Sport 12-month bans.

SCROLL DOWN TO READ THE FULL STATEMENT FROM AFL PLAYERS’ CEO PAUL MARSH

The AFL Players’ Association’s legal team has instructed Swiss lawyers to lodge the appeal papers with the Swiss Federal Supreme Court later today.

“The appeal has been made on the grounds that the CAS erred in determining that the World Anti-Doping Agency  appeal should be conducted as a de novo hearing,’’ AFLPA CEO Paul Marsh said.

“That is, WADA should only have been allowed to appeal the unanimous decision of the AFL Anti-Doping Tribunal on grounds of either legal error or that it was grossly unreasonable.’’

Marsh said legal advice suggested the appeal process should take “four to six months to complete” but the players were proceeding on the expectation that they would not return to the football field this season. He did not expect any of the players would need to travel to Lausanne as part of the appeal process.

“The appeal is not about an immediate return to football for the players involved, but rather it is about obtaining a just outcome and clearing their name.’’ – Paul Marsh

“It’s important to note that the players have not sought an injunction to cause a stay of the CAS decision, meaning they will remain suspended until the Swiss Federal Supreme Court has considered and determined this matter,’’ Marsh said.

“The appeal is not about an immediate return to football for the players involved, but rather it is about obtaining a just outcome and clearing their name.’’

Marsh said that the Players’ Association was ”optimistic about their prospects, we wouldn’t be taking this on and the players certainly wouldn’t be taking this on if they didn’t feel they had reasonable prospects”.

Essendon chairman Lindsay Tanner said he expected the appeal process to take several months but said the club “feel it’s the right thing to do”.

“It’s obviously very important to the players to clear their name, if at all possible,” ,’’ Tanner said

“What these players now face is having a slur on their name, an extremely unfair slur.’’

The issue of compensation remains a separate legal matter to the appeal process, and it is hoped this will involve a negotiated agreement rather than litigation.

The players’ wellbeing also remains a top priority of the AFLPA, with each of the 34 players assigned an AFLPA case manager who works with the players on an individual action plan to meet their ongoing needs across development, wellbeing and psychology.

Marsh said the Players Association had been in contact with each of the 34 players in recent months and ”the toll this issue has taken has been huge”.

“It’s been extraordinarily tough for all of them and some of them are coming to terms with it better than others, but it’s an individual circumstance they’re dealing with.

“We’ve maintained all the way through this that we feel the players are victims here and I certainly believe that’s their view, so they’re doing it tough but I guess it gets a little bit easier day by day.”

Statement from AFL Players CEO Paul Marsh

“The AFL Players’ Association can confirm that all 34 current and past Essendon players have instructed lawyers to file an appeal against the CAS decision handed down on Tuesday 12th January.

“The appeal papers will be lodged with the Swiss Federal Supreme Court later today.

“The players have decided to exercise their legal right to an appeal in an endeavour to clear their name and ensure that a just outcome is achieved.

“The decision to appeal was a decision for each individual player alone having regard for their own circumstances.

“The appeal has been made on the ground that the CAS erred in determining that the WADA appeal should be conducted as a de novo hearing.  That is, WADA should only have been allowed to appeal the unanimous decision of the AFL Anti-Doping Tribunal on grounds of either legal error or that it was grossly unreasonable.

“It’s important to note that the players have not sought an injunction to cause a stay of the CAS decision, meaning they will remain suspended until the Swiss Federal Supreme Court has considered and determined this matter. The appeal is not about an immediate return to football for the players involved, but rather it is about obtaining a just outcome and clearing their name.

“We expect to be advised by the Court on the next procedural steps, including key timings involved in the appeal process.”