Playing on: After accounting for the Bulldogs on Friday, the Bombers will again be looking to take their minds off the drugs inquiry when they face Richmond on Saturday week. Picture: Picture: Wayne Ludbey Source: Herald Sun
ESSENDON players could be cleared of sanctions for any violation of the World Anti-Doping Agency code by proving they were not aware they were taking illegal substances.
The club believes its players did not take any non-WADA approved substances, but they could have unwittingly been given illegal peptides by sports scientist Stephen Dank.
The WADA code and the AFL's Anti-Doping Code both have a section on "exceptional circumstances".
Legal experts believe the case of Ukrainian rower Olena Olefirenko in 2004 could be relevant to the Essendon players.
Olefirenko tested positive to the stimulant ethamivan at the Athens Olympics, but was able to prove her team doctor administered it without her knowing it was on the banned list.
She lost her bronze medal, but was not banned from future Olympics.
WADA's rule 10.5.1 discusses the principle of "No Fault or Negligence", and is based on athletes proving beyond doubt they did not know what they were being given by sports scientists or doctors.
If an athlete can prove "in an individual case that he or she bears no fault or negligence, the otherwise applicable period of ineligibility shall be eliminated".
In other words, any future ban can be wiped or dramatically reduced.
While a potential mitigating factor, WADA warns the law is meant to have an impact "only in cases where the circumstances are truly exceptional and not in the vast majority of cases".
Sportspeople can have sanctions reduced rather than wiped completely, although WADA warns that "athletes are responsible for their choice of medical personnel and for advising medical personnel that they cannot be given prohibited substances".
Essendon players were given a log of substances they took under Dank, with players signing consent forms.
The Bombers are also facing an AFL-ASADA investigation for the manner in which substances were administered, with intravenous infusions banned in almost all circumstances under the AFL Anti-Doping Code.
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