February 17, 2003

ACB appoints three-person Anti-Doping Policy Committee for Warne hearing

The Australian Cricket Board (ACB) today announced that the ACB Anti-Doping Committee to hear a case alleging a breach of the ACB's anti-doping policy by Shane Warne will comprise the Honourable Mr Justice Glen Williams of the Queensland Court of Appeal; medical specialist Dr Susan White, and former Test player Peter Taylor.

ACB Chief Executive Officer James Sutherland said a hearing date will be set once the current Australian Sports Drug Agency (ASDA) testing of the sample provided by Shane Warne on 22 January 2003 is complete.

Mr Justice Williams, and Dr White, who is a member of the Australian Sports Drug Medical Advisory Committee, have both participated in previous ACB Anti-Doping Committee hearings.

Mr Taylor, who played 13 Tests and 83 one-day international games for Australia, was invited to participate because of his experience as a senior player.

Victorian Supreme Court Judge, the Honourable Mr Justice Bill Gillard, who has previously chaired the ACB Anti-Doping Committee, has ruled himself out of this case because, as a barrister, his Honour acted for Shane Warne in a short procedural matter about 10 years ago.

Mr Sutherland said: "Despite the fact that Justice Gillard has never met Shane Warne and the ACB is confident in Justice Gillard's ability to bring an impartial mind to this case, the ACB recognises the importance of ensuring the independence of the committee.

"We are grateful to Justice Gillard for notifying us of his past involvement with Mr Warne at such an early stage and for his decision to step aside in this case."

Meanwhile, the ACB also confirmed today that the International Cricket Council (ICC) has told the ACB that Shane Warne can be replaced in the Australian World Cup squad, if needed.

Mr Sutherland said the ICC Event Technical Committee (ETC) had also said that if replaced, Warne could not then be subsequently re-instated.

"At the moment, we are holding off making a decision until the ACB Anti-Doping Committee hearing, providing that the hearing is reasonably soon," Mr Sutherland said.

Q&A Sheet

What is the wording of the charge?

The charge is of a breach of clause 4.1b of the ACB Anti-Doping Policy - use of a prohibited method?

Prohibited methods includes pharmaceuticals, chemical and physical manipulation.

Pharmaceutical, chemical and physical manipulation - the use of substances (including diuretics) which alter, attempt to alter or may reasonably be expected to alter the integrity and validity of urine samples used in doping controls.

The success or failure of the use of a prohibited substance or method is not material.

Why was the matter referred to a hearing before the tests were finalised?

The player told the ACB that ASDA had told him of an initial positive test result, raising a reasonable suspicion that the player may have committed a breach of the ACB Anti-Doping Policy.

How long will it take to set up a hearing once the testing is finalised?

There is no specific timing. A player who is charged needs to be given time to prepare his case, and Committee members need to time to make their own arrangements. A hearing would probably be several days after the ACB was advised that the ASDA test process was finalised.

Where will be hearing be?

It is likely that the hearing will be at the ACB's headquarters at 60 Jolimont Street, Jolimont in Melbourne.

Who attends the hearing?

The hearing is attended by:

  • the three ACB Anti-Doping Committee members,
  • the player who is charged,
  • the player's representative or representatives and any witnesses the player might call.
  • a legal representative appointed to assist the Committee members,
  • the ACB Anti-Doping Medical Advisor, Dr Peter Harcourt,
  • the ACB General Manager, Legal and Business Affairs, Mr Andrew Twaits.

    The ACB's Chairman, Mr Bob Merriman and its Chief Executive Officer, Mr James Sutherland, may also attend.

    Is the ACB Anti-Doping Committee independent?

    The committee members are not employed by the ACB and they act independently within the requirement of the Anti-Doping Policy and cannot be directed by the ACB or any other party.

    Is there an appeal mechanism and what is it?

    Yes. Notice of appeal must be given within seven days of the decision. Any appeals would be made to a committee formed by the National Sports Disputes Centre Pty Ltd, a group formed by the Australian and New Zealand Sports Lawyers Association; Sports Industry Australia and the Australian Sports Commission.

    Can Shane Warne be replaced in the Australian World Cup squad?

    Yes. The ICC Event Technical Committee has advised that Warne can be replaced if needed, but once replaced, he cannot be reinstated.

    Is the policy a public document?

    Yes, it is available on the ACB's official website, www.baggygreen.com.au under Inside the ACB, Playing Conditions.

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