MARK THOMPSON LETTER: 19 NOVEMBER 2014

Mr Gillon McLachlan & the Commissioners

Dear Madam & Sirs

Thank you for the opportunity to address the commission. Although I believe I received a very unjust penalty, I agreed to it, and consequently, always intended honouring that commitment. 

Thirty-thousand dollars is nothing in contrast to the irreparable damage that has been done to my reputation. Irrespective of what happens, hundreds of thousands of footy followers, if not millions, will believe for the rest of my life and beyond, that I not only condoned cheating, but I didn’t give a rats for the health of the Essendon players. That condemnation pushed me to the edge throughout 2013, to the point I never wanted to have anything to do with football again. 

A nobody member of the public, who I had never met, grabbed me by the scruff of the neck and demanded I continue in football. Reluctantly, I agreed for the sake of James Hird, the players and the Essendon members. Unfortunately, the pain and anger over the destruction of my reputation have increased throughout 2014 and obviously will never go away. The AFL has burdened me with a cross that I will have to carry to the grave.

No one loves footy more than me and I suspect no one has got more out of footy than me, but sadly, part of me now wishes I had nothing to do with football. No matter how many people counsel me, that feeling won’t go away. If I decide to attend anymore football reunions, there will always be a few ex-players who think I am a cheat because of what you have done.

I didn’t pay the fine on time because I felt I was entitled just once to speak out to not only explain my situation, but I also wanted you guys to understand that you have a responsibility to everyone in the game, not just to the government or your sponsors. 

In particular, the AFL overlooked its responsibility to ensure I, and my colleagues, received natural justice. No fair-minded person believes I received natural justice. If the administrative arm stuffs up, it is the commissioners’ responsibility to fix the problem. Sadly, the commission did nothing. Surely, you can see it is wrong to penalise me without a proper hearing and then prevent me from explaining my behaviour. I can’t accept that is the Australia you think we should be living in.

Basically, I have been vilified, denigrated and penalised because Andrew Dillon, for expediency, argued I had the legal power to intervene more than I did. Inexcusably, Dillon charged me with “taking no adequate steps to ensure that Robinson was subjected to appropriate employment history checks or that Robinson was appropriately supervised and managed, despite knowing or believing that such supervision and management was necessary”. 

It was total fabrication to say I said Robinson needed to be supervised.

It was reprehensible for Dillon to suggest I didn’t “take adequate steps to ensure that Robinson was subjected to appropriate employment history checks”.  

• Robinson was employed by Geelong for three years before moving to the AFL owned, Gold Coast Suns. Geelong won two premierships in that time. I was the principal referee for Robinson at Essendon because I knew his work better than anyone else.
  

• Essendon assistant coach, Brendan McCartney, worked with Robinson at Geelong and was able to bring a different perspective to the table. McCartney acted as a second referee for Robinson and was very supportive of his appointment.
  

• Essendon assumed that the AFL had conducted routine, systematic pre-employment checks before employing Robinson at the Gold Coast Suns. As Robinson was still employed by the Gold Coast Suns, Essendon believed he was still a man of good standing as he undoubtedly was when he was first employed by the AFL. Dillon is obviously implying the AFL was wrong.
  

I have been advised that the Victorian OH&S Act, the Essendon organisation structure, the various Essendon job descriptions, and the AFL / Essendon/ Player Agreement determine the legal responsibilities with respect to the supplement program at Essendon.  

The experts tell me I miss out on a jumper. For some strange reason, Essendon decided that coach James Hird and his three assistant coaches, which included me, weren’t part of the football department. Paul Hamilton was General Manager – Football Operations and was in charge of the football department and was responsible for the supplement program. 

Dean Robinson reported to Hamilton and the doctors, physios, weight trainers, conditioners and Dank etc reported to Robinson. Hamilton was a member of the Essendon executive and Hird wasn’t. 

Hird and my fellow assistant coaches were on a different branch of the organisation structure and we had no legal power to interfere in the running of the football department. We studied videos of matches, ran training sessions and devised match strategies and called the shots on match days. 

Evans and Robson knew about the supplement program and were comfortable with it because they knew strict instructions were issued not to breach WADA rules. Those two had the power to stop it. I didn’t. Ironically, they got the gold mine and I got the shaft.

The AFL / Essendon / Player agreement meant that the players were legally de-facto employees of the AFL and that the AFL commissioners had the same legal responsibilities as the Essendon board to provide a safe workplace for the players. If the Essendon board failed to ensure a safe workplace, so did the AFL commissioners.

Sadly, it appears the AFL administrative arm treated the AFL commissioners like mushrooms. I am certain if the commissioners had been aware of what happened at Essendon and at the AFL, I would never have been charged or penalised. For the commissioners’ edification, I shall list a few important issues and dates, which would have influenced the commission to interfere on my behalf if they had they been kept in the loop:

On 17 July 2013, Brett Clothier alleged he told Hird, Hamilton and Danny Corcoran, on 5 August 2011, that all peptides were like steroids and HGH (Human Growth Hormones). As all steroids and HGHs are banned by WADA, Clothier was stating that all peptides are banned. Given Hird’s enquiry about peptides, I believe Clothier should have conducted an audit of Essendon to not only establish we weren’t using peptides but he should have investigated whether we had the correct procedures and protocols in place and that we had complied with clause 7.4 of the AFL’s Anti-Doping Code. Clothier did nothing. Ironically, the AFL was in a position to stop the peptide program before Robinson and Dank joined Essendon.

On 19 October 2011, the first day of 2012 pre-season training, Dr Reid discovered that Robinson had administered peptides to the players including peptide Tribulus. Dr Reid immediately phoned Dr Peter Harcourt and reported the matter. According to clause 4.6 of the AFL’s Anti-Doping Code, the AFL should have reported the matter to ASADA. The AFL failed to report the matter and in fact did nothing until 1 February 2013, when Dr Reid alleges David Evans told him that Andrew Demetriou and Gillon McLachlan told him that Essendon was about to be busted for taking WADA banned substances. Clause 4.6 says: “Where reasonable and as soon as the AFL becomes aware that a possible Anti-Doping Rule Violation may have occurred, the AFL will immediately advise ASADA of the possible violation. The AFL will provide ASADA with all information pertaining to the possible Anti-Doping Rule Violation.” 

Obviously, an unforgivable mistake was made by the AFL in not reporting the matter to ASADA. The AFL also made an unforgivable mistake, possibly life threatening, in not running down to Essendon and demanding that we stop giving the players allegedly WADA banned dangerous substances. During that visit the AFL could also have checked whether Essendon had kept perfect records of what was administered to each player. The AFL could also have interviewed each player to ascertain whether he knew exactly what he had been administered that day. 

The bottom line is, if the AFL had fulfilled its duty of care to the players, and if it had fulfilled its obligations to ASADA, I believe the matter would have been stopped dead in its tracks. I don’t believe the players took any WADA banned substances, and consequently, I don’t believe any player has any health concerns. However, heaven forbid, there is a problem down the track. But if there is, I am sure the players will sue the AFL and the commissioners and not Essendon. In the circumstances, you all should be praying like the rest of us that the tribunal exonerates the players. If the players are inexplicably found guilty you all will be in the same boat as the rest of us.

The following is a very short summary of what happened

May 2011 – David Evans, Ian Robson, Paul Hamilton, Danny Corcoran, James Hird and Mark Thompson agreed that Essendon had to adopt a more scientific approach to training and recovery. Hird stipulated (on at least three occasions) that the supplements program had to be WADA compliant; no substances could be administered which could harm the players; and Dr Reid had the final say on what substances could be administered

19 October 2011 – Dr Reid informed the AFL that he had been marginalised and that the Essendon players were administered some peptides including peptide Tribulus. According to Clothier all peptides had been banned by WADA. 

 19 October 2011 – 1 February 2013 – the AFL did nothing about Dr Reid’s phone call. The AFL failed to fulfil its obligations under clause 4.6 of the AFL’s anti-doping code.

 20 October 2011 – Dr Reid admonished Robinson and reinforced the message that no substance was to be administered to the players without his permission. Hird left on a six-week overseas holiday.

4 November 2011 – Dank commenced work at Essendon

12 January 2013 – Dr Reid discovered that Stephen Dank and / or Robinson had administered substances without his permission. Dr Reid reported the matter to Hird who told Reid to report the matter to his department head and executive member Paul Hamilton

On or About 13 January 2012 – Hamilton reported the matter to Essendon chief executive Ian Robson and admonished Robinson.

15 January 2012 – Robinson distributed new procedures for administering substances 

18 January 2012 – Nima Alavi claims he supplied Dank with 26 clear unlabelled vials of an unknown substance. Dank claims he was only given 8 vials and claims they were all unusable because they were dispensed illegally in an clear vials with no labels.

2 February 2012 – Hamilton informed his staff – Robinson, Dr Reid, Dr De Morton and Dank – that all paperwork concerning supplements had to be sent to him

Early February 2012 – The players were told about the new procedures concerning supplements and were told that they would be required to sign a Patient / Informed Consent and Confidentiality Agreement form. Most players agreed to take four substances, including Thymosin, within days.

Early February 2012, Robinson discussed the supplements program with Robson

Post February 2012, Unbeknown to Dr Reid, Hamilton, Hird and Thompson, Robinson and / or Dank, administered supplements to the players, which were not listed on the consent forms. ASADA subsequently cleared all substances except Thymosin, which it believed was the banned substance Thymosin Beta-4.

Mid-May 2012 – Dr Reid discovered that players had received Cerebrolysin injections at HyperMED and complained to Thompson. Thompson warned Dank to cease his injection of players. Thompson described his chastising of Dank to have been a ‘seven out of 10’.

·     May 2012 – Corcoran directed football administrator, Dean Wallis to create a database to record the players’ weekly supplementation, however, this did not occur until after 27 June 2012.

June 2012 – Hird was told Dank had a vial of Hexarelin in his fridge andordered him to get rid of it. Hird reported the matter toHamilton. Thompson ripped into Dank 30 minutes after Hird had admonished him.

27 June 2012 – Wallis conducted a PowerPoint presentation for players at the Auditorium to advise that the club would forthwith be recording everything that is administered to a player orally, by injection and intravenously.

July 2012 – Dr Reid, supported by Danny Corcoran and Hird asked Evans and Robson to terminate Robinson’s employment. Evans and Robson refused on the grounds that the club couldn’t afford the payout. The August board meeting endorsed Evans and Robson’s decision not to terminate Robinson.

29 July 2012 – Robinson sent Dank an SMS reminding him that he could not administer injections. In reply Dank stated, ‘I can use vitamin injections. The doc is happy with that. I need to fight for Cerebrolysin

 21 August 2012 – Hamilton delivered the key findings of the club’s internal review into soft tissue injuries. Under the heading of ‘STOP’ were the following entries:

[Stop] going for magic cures – Supplementation that is not medically based. Concerns with Tribulus, Creatine and IV injections. Robson headed the review.

4 September 2012 – Dank left Essendon

11 December 2012 – Dank, who had joined Melbourne, organised a meeting with two senior Melbourne people and Alavi to discuss the possibility of Alavi supplying supplements as part of a sponsorship.

As I am trying to salvage some of my reputation, I have pulled out every reference to me in the ASADA Interim Report. I have been subjected to 22 months of vitriol and ridicule. In the interests of ensuring no one is ever subjected to what my colleagues and I had to go through, please read the attached document and make sure no one is ever subjected to the same injustice I was. I have no doubt you will all agree I should never have been charged or penalised.

Yours faithfully 

Mark Thompson.