MALCOLM TURNBULL

Dear Prime Minister

In the last research data, I saw on the job respect totem pole, politicians came in fourth last. They rated just above journalists, used car salesmen and ladies of the night. Given virtually every politician on entering parliament claims that he/she chose a political career in order to do something for the community and country, the public would be expected to hold such selfless, wonderful, altruistic people in the highest regard. 

Sadly, once politicians get elected, they put their interests and the party’s interests before the country’s interests and they prove so untrustworthy and perform so badly the public rates them near the bottom of the job respect totem pole. For example, biased Speakers do irreparable damage to the image of parliament and politicians. If an umpire in an under-nine football match – whether soccer, AFL or rugby – were as biased as the Speakers in every parliament, he/she would be driven out of town by the umbrella wielding lynch mob.

I suspect that after yours and opposition leader’s unconscionable decision to vote against Senator Madigan and his cross-bench colleagues’ motion for a Senate inquiry into the National Anti-Doping Framework and what it means for professional sport, the politicians will now be viewed as floundering in the muck at the bottom of the birdcage.

I should never disrespect the office of the prime minister, which makes it unfathomable why recent Labor incumbents of the office, and you, have done so. Your refusal to support the cross-bench motion was devastating to the Essendon players, members and James Hird, who desperately want the injustice and corruption exposed, and the perpetrators punished; it was demoralising to all Australian sportsmen and women who believe that they are entitled to the same legal rights as all Australian citizens; and, it was politically stupid in that you passed up an opportunity to destroy Jason Clare and get rid of the out-of-her-depth Minister for Sport Sussan Ley.

I’m an old man with limited ability but even I could make a case of misconduct or ineptitude or apathy against the following. They have contributed to a great injustice against 34 Essendon players, James Hird, Mark Thompson, Danny Corcoran and Dr Reid and they need to be investigated. Ideally, it should be a Royal Commission but a Senate inquiry would be a start.

• Former Prime Minister Ms Julia Gillard
  
  
• Former Minister for Justice Jason Clare
  
  
• Former Minister of Sport Senator Kate Lundy
  
  
• Former Australian Crime Commission chief executive John Lawler
  
  
• Former ASADA chief executive Aurora Andruska
  
  
• Former AFL commissioner (and former ACTU secretary) Bill Kelty
  
  
• Former AFL chief executive Andrew Demetriou.
  
  
• Former AFL commissioner, and now Victorian Governor M/s Linda Dessau
  
  
• Minister for Sport M/s Sussan Ley
  
  
• ASADA chief executive Ben McDevitt
  
  
• WADA director general David Howman
  
  
• Australian Sports Commission chairman John Wylie
  
  
• AFL chief executive Gillon McLachlan
  
  
• AFL General Counsel Andrew Dillon
  
  
• AFL commissioner (and Westfarmers chief executive) Richard Goyder
  
  
• Senior federal government public servant Richard Eccles
  
  
• Ziggy Switkowski
  
  
• Justice Garry Downes
  
  

Surely, the irony and unfairness must provoke you to reverse your decision or for you to set up a Royal Commission because of the injustice and gravity of the situation. On the one hand, metaphorically speaking, you have given the above 18 high-flyers a ‘get out of gaol free card’, and on the other hand, you have allowed Australian taxpayers’ money to be used to help destroy the lives of 34 Essendon players. So much for justice and integrity. Standing back and doing nothing makes you no different from those who contributed to this great injustice. 

The following is not a comprehensive list of questions you appear either to be too frightened to have answered, or worse, that you have never heard of the Essendon saga/ASADA scandal and therefore have no understanding of the carnage and injustice caused by the so-called leaders of our country:

Did Sports Minister Sussan Ley, who is a member of the 12-man executive committee of WADA, fail to declare a major conflict of interest when ASADA chief executive Ben McDevitt gave up to $US100,000 of Australian taxpayers’ money to WADA to appeal the not guilty verdict of the AFL tribunal? It is incomprehensible that Ley allowed an official who reports to her to give taxpayers’ money to her foreign based organisation so that she can prosecute Australian citizens who have already been found not guilty in the Australian system. The fact that you saw no wrong in this is cause for great concern and pessimism. 

Did Court of Arbitration for Sport John Coates have a conflict of interest?

Did ASADA fail to fulfil its obligations by not creating a ‘Terms of Reference’ for the joint ASADA/AFL investigation?

Did the fact that the AFL, through the tripartite agreement it had with Essendon and each player, mean that the AFL was a joint employer of the players with the Essendon club and therefore should have been in the ‘dock’ with the players and the Essendon club, rather than playing the role of investigator, prosecutor, jury, judge, hangmen, public relations machine and media censor?

Did the AFL have a major conflict of interest in participating in a joint investigation with ASADA?

Did Prime Minister Gillard’s illegal interference in the ASADA/AFL investigation in 2013 contribute to the corruption of the investigation?

Did Prime Minister Gillard’s illegal interference in the ASADA/AFL investigation contribute to the failure of the Essendon players and James Hird to receive procedural fairness?

Did Richard Eccles, Prime Minister Gillard’s most senior sporting public servant, continued interference and attendance at meetings contribute to the corruption of the investigation?

Did Sports Minister Senator Kate Lundy’s continued interference in the ASADA/AFL investigation contribute to the corruption of the investigation?

Did Lundy’s continued interference in the ASADA/AFL investigation contribute to the failure of the Essendon players and James Hird to receive procedural fairness?

Did Lundy’s continued interference in the ASADA/AFL investigation influence former AFL CEO Andrew Demetriou and Gillon McLachlan’s brother Hamish McLachlan to appoint her as a director of the Bastion Group, a company in which they are both directors?

How did the Australian Crime Commission, led by John Lawler, get it so wrong with Project Aperio?

Why did the Australian Crime Commission report highlight the link between organised crime, drugs and sport with a focus on match-fixing, when there was no such evidence?

Why did John Lawler proceed with his 7 February 2013 media conference when he knew, or should have known, that it would destroy the Essendon players and James Hird’s chances of receiving procedural fairness (natural justice) in the ASADA/AFL joint investigation?

Did John Lawler and his deputy Paul Jevtovic breach the Crimes Act on 31 January 2013 when they confirmed to the AFL’s Andrew Demetriou, Gillon McLachlan and Brett Clothier that Essendon was the club which the ACC believed had taken banned substances? 

Why was ASADA chief executive Aurora Andruska so impotent in not being able to persuade John Lawler that his proposed media conference on 7 February 2013, would destroy any chance of the Essendon players and James Hird getting a fair hearing?

Why did Justice Minister Jason Clare claim on 7 February 2013 that “there were strong links between Australian sport and organised crime”, when the last three years prove there weren’t?”

Why did Clare make such destructive comments about Australian sport when he clearly didn’t understand that the Australian Crime Commission had collected information not evidence?

Why did Clare state that “the Australian Crime Commission has found the use of prohibited substances including peptides, hormones and illicit drugs, is widespread amongst professional athletes?”

Why did Clare say “the findings of the Australian Crime Commission indicate that drugs are being facilitated by sports scientists, coaches, support staff, as well as doctors and pharmacists”, when this was untrue?

Why did Clare say “in some cases, sports scientists and others were orchestrating the doping of entire teams?”

Why did Clare say the investigation has also “found organised crime is involved in the distribution of these drugs”?

Why did Clare say “links between organised crime and players exposes players to the risk of being co-opted from match fixing?”

Why did Clare say “it’s cheating with the help of criminals…. The information and intelligence that’s been collected by the Australian Crime Commission means we believe multiple potential criminal offences have been committed and we have referred that information to the Australian Federal Police, as well as state and territory police?”

Why did Clare say “the report is focused on the use of drugs in sport, but there is a real link, and the work that is being done by the crime commission, the coercive hearings that have been held have identified the involvement of organised crime in distributing those drugs to players across a number of codes. But it’s also identified the risk, and in one case the reality, potential match fixing?”

Why did Clare say “we are seeing linkages here between organised crime and the compound pharmacies in Australia that can make these drugs”, when no such linkage existed? 

Why did Clare talk about the involvement of organised crime with compliant doctors who are writing scripts when no such involvement existed?

Why did Clare state that there were “linkages between organised crime and anti-ageing clinics that are involved in providing these drugs to players”, when no evidence existed to that effect?

Why did Clare say “We are also seeing organised crime involved in front companies that can be involved in this”, when no evidence existed to support the claim?

Was Essendon’s Dr Reid telling the truth when he claimed that Essendon chairman David Evans called at his home on Friday 1 February 2013, and told him that AFL chief executive Andrew Demetriou and deputy Gillon McLachlan had told him (Evans) that they had been told Essendon players took banned substances in 2012?

Were Demetriou and McLachlan telling the truth when they claimed that they didn’t know until 7 February 2013 that it was alleged that Essendon players had taken banned substances?

If McLachlan didn’t know on 5 February 2013 that it was alleged Essendon players had taken banned substances, why did he tell James Hird that he (Hird) couldn’t deny that the Essendon players had taken banned substances?

If Demetriou, McLachlan and AFL integrity manager Brett Clothier were not told by the Australian Crime Commission or ASADA that it was alleged that Essendon had taken banned substances, why did Clothier tell James Hird at the 5 February 2013 meeting that they had been told that the Essendon players had taken the banned substance AOD-9604?

Why didn’t David Evans tell the ASADA investigators that he had spoken to Demetriou on 4 February 2013 when Demetriou told the media he had spoken to Evans on a number of occasions on Monday 4 February 2013?

Why did the Australian Crime Commission mislead the Australian public by implying that it had conducted an investigation into whether Demetriou had breached the Crimes Act?

Why did the Australian Crime Commission clear ASADA of leaking when journalists were attributing quotes to unnamed ASADA sources?

Why did Demetriou, McLachlan, Aurora Andruska and David Evans claim Essendon self-reported on 5 February 2013, when ASADA and the AFL had decided to investigate Essendon on Friday, 1 February 2013?

Why did the Gillard Government, the AFL, ASADA and the Essendon board decide on 9 February 2013, five days before the first witness was interviewed, that Essendon support staff (which was code for James Hird) would be punished?

Why did the Gillard Government, the AFL, ASADA and the Essendon board decide on 9 February 2013, five days before the first witness was interviewed, that the Essendon players were guilty of taking banned substances?

Did the decision of the Gillard government, the AFL, ASADA and the Essendon board to find the Essendon players guilty on 9 February 2013 enable the AFL to fine the Essendon club $2 million? If so, should the AFL return Essendon its $2 million?

Did ASADA breach the Act in instructing its investigators to investigate human resource matters at Essendon? As the investigators made no reference to the Essendon organisation structure nor viewed Hird’s job description, they were clearly unqualified to investigate human resource matters. Did ASADA investigators incompetence in this issue help the AFL fine Essendon $2 million? 

Why did the Gillard government, the AFL, ASADA and the Essendon board decide on 9 February 2013, that they would trash WADA and ASADA rules and not suspend the Essendon players, who they had already decided were guilty of taking banned substances. 

Why didn’t ASADA chief executive Andruska stop ASADA investigator Paul Simonsson from telling the Essendon players on 20 February 2013, that they wouldn’t be suspended if they cooperated with the investigators?

Given ASADA’s statutory obligation to operate independent of government, why did ASADA chief executive Aurora Andruska allow Gillard government officials to routinely attend meetings and could participate in a telephone hook-up throughout the investigation?

Was ASADA’s lead investigator John Nolan correct when he expressed concern on 5 June 2013, that Andruska was serving the “political agenda of others”?

Why did the Gillard government, AFL, ASADA and Essendon board insist that Hird be suspended for at least six months when they knew that he didn’t have any legal responsibilities for the supplement program?

Why did ASADA allow Demetriou access to the players’ interview transcripts when he continually used the information to imply that the players were guilty of taking banned substances?

Did then commissioner, and now Governor of Victoria, Justice Linda Dessau and her fellow commissioners Mike Fitzpatrick, Bill Kelty, Richard Goyder, Patty Mostyn and Chris Langford deny the Essendon players and James Hird procedural fairness by making no effort to stop Demetriou’s implied guilty pronouncements?

As the AFL commissioners knew that the AFL constitution required them to act as the jury if charges were laid against players or officials were Governor Dessau and her fellow commissioners, derelict in agreeing to be briefed by the AFL executive not only on the evidence and findings but also on the penalties?  

Why did ASADA breach its statutory obligation to operate independently of government?

Whether the AFL committed fraud by selling preferential seating to the 2013 final series to Essendon members after it had decided to stop Essendon from playing in the finals-series?

Why the Victorian WorkSafe Authority didn’t find the AFL guilty of failing to fulfil its duty of care to the Essendon players, when the chairman Mike Fitzpatrick, chief executive Andrew Demetriou and deputy chief executive Gillon McLachlan all stated publicly that the AFL had a duty of care to the players and all acknowledged that the AFL didn’t fulfil that obligation. In particular, a Senate enquiry would have established whether the Victorian WorkSafe Authority had been nobbled.

Was Gillon McLachlan guilty of severe misconduct, or worse, on 26 June 2013 when he told Andruska that “take points off Essendon; we need all the detail to get through that; problematic if not full report; get outcome we need; take bits out [of the report] that might compromise what we need.” Did such interference deny the Essendon players and Hird procedural fairness?

Did Andrew Demetriou’s comment to Andruska on 24 July 2013 that “two or three things cannot be made public” deny the Essendon players and Hird procedural fairness?

On 15 July 2013, ASADA lead investigator John Nolan asked AFL investigator Abraham Haddad to prepare an injections table “based on assumption and a formula”. When given the result Nolan said: “not really what we are looking for…. If we add the multi vitamin aspect then it is a little more convincing.” Given the catastrophic consequences to the players was Nolan guilty of criminal behaviour? As key ASADA officials were aware of Nolan’s actions, did they deny the Essendon players and Hird procedural fairness, and should they face severe penalties for not doing anything about Nolan’s unacceptable behaviour?

ASADA fabricated responses to ‘Admitted use of substances by Players’. Should those responsible be severely disciplined. Should Justice Garry Downes’s report be down-graded for him missing this blatant manipulation of the evidence?

Did Australian Sports Commission Chairman John Wylie fail to fulfil his obligations by not investigating whether the AFL breached clause 2.3 of the Australian Sports Commission NSO Governance – mandatory requirements, which states: “An effective organisation must have a thorough system of audit and risk management, including internal and external processes. This committee must ensure there are adequate controls and systems in place to alert management and the Board to potential risks associated with the operation of the sport?” The AFL made no attempt to either ascertain whether Essendon had adequate OH&S systems in place or whether it was complying with the law. 

How did ASADA chief executive Ben McDevitt accept an offer from WADA of a free return airfare to Canada without making a single diary note or by sending an SMS or an email?

Did McDevitt breach his responsibilities by failing to table a report after his 10-day visit to Canada to discuss WADA’s appeal against the 34 Essendon players?

How did McDevitt attend meetings in Canada without recording a single note about those meeting?

How was McDevitt able to offer WADA up to $US100,000 of Australian taxpayers’ money for its Court of Arbitration for Sport appeal without conveying the information in writing to someone?

Did McDevitt discuss his decision to contribute up to $US100,000 with Sports Minister Sussan Ley?

Was McDevitt provided with evidence that ASADA changed evidence; fabricated evidence; omitted evidence; and testified in its own investigation?

Was WADA director general David Howman provided proof that ASADA changed evidence; fabricated evidence; omitted evidence; and testified in its own investigation?

Bruce Francis