Warne Anti-Doping hearing: Q & A
Can Shane play cricket for Australia, Hampshire, Victoria or St Kilda
Australian Cricket Board
22-Feb-2003
Can Shane play cricket for Australia, Hampshire, Victoria or St Kilda?
No.
No.
Can he appeal?
Yes. He has made a public statement that he will appeal.
Yes. He has made a public statement that he will appeal.
What is the appeal process?
Notice of his intention to appeal must be given to the ACB within seven days of receiving the decision. The notice must specify the findings of fact or law upon which the appeal is based.
Notice of his intention to appeal must be given to the ACB within seven days of receiving the decision. The notice must specify the findings of fact or law upon which the appeal is based.
The appeals committee will be derived from the National Sports Dispute Centre (NSDC) - a group formed by the Australian and New Zealand Sports Lawyers Association, Sport Industry Australia and the Australian Sports Commission.
What happens to his contract?
Warne's contract is suspended for the duration of his suspension.
Warne's contract is suspended for the duration of his suspension.
Who were the witnesses?
The Committee heard evidence from seven witnesses: Shane Warne, his mother Mrs Brigitte Warne, Dr Peter Harcourt, ACB medical officer Dr Trefor James, Warne's treating physician, Dr Greg Hoy, the director of the drug testing laboratory, Dr Ray Kazlauskas and Australian Sports Drug Agency education officer Mr Tim Burke.
The Committee heard evidence from seven witnesses: Shane Warne, his mother Mrs Brigitte Warne, Dr Peter Harcourt, ACB medical officer Dr Trefor James, Warne's treating physician, Dr Greg Hoy, the director of the drug testing laboratory, Dr Ray Kazlauskas and Australian Sports Drug Agency education officer Mr Tim Burke.
Five of the witnesses were called on behalf of Shane Warne. One was called on behalf of the ACB. Dr Peter Harcourt also gave evidence to the Committee.
What did the witnesses say?
None of the evidence or testimony from the hearing is public as it is confidential to the hearing.
None of the evidence or testimony from the hearing is public as it is confidential to the hearing.
The Committee has provided their oral reasons for the decision which will be provided in due course.
Will this be made available publicly?
Yes.
Yes.
Why was the hearing closed?
The policy provides for hearings to be closed as they are commonly in other sports. This is by general rule and not exception.
The policy provides for hearings to be closed as they are commonly in other sports. This is by general rule and not exception.
The testimony by witnesses is confidential to the hearing. However, the Committee will provide in due course a full and detailed account of their reasons for the decisions, and this will be available publicly.
Will the ACB call up a replacement player to the World Cup and if so, when?
The ACB will make a decision on that matter as soon as possible.
The ACB will make a decision on that matter as soon as possible.
Will Shane Warne's pending appeal affect that decision?
Yes. That factor will be taken into account when considering whether to call a replacement player.
Yes. That factor will be taken into account when considering whether to call a replacement player.
What does the "exceptional circumstances" clause mean?
The ACB included clause 4.5(b) in its policy in 1998, which was subsequently agreed in principle by the ASC.
The ACB included clause 4.5(b) in its policy in 1998, which was subsequently agreed in principle by the ASC.
Clause 4.5 (b) states that -
"Exceptional circumstances exist if either:
(b) the player held an honest and reasonable belief in a state of facts which, if they existed, would mean that the player did not commit a doping offence."
"Exceptional circumstances exist if either:
(b) the player held an honest and reasonable belief in a state of facts which, if they existed, would mean that the player did not commit a doping offence."
This clause was adopted into the ACB's policy to reflect a well-recognised legal principle and to provide a clear line of defence for a player/official who has an arguable defence.
How often does ASDA take samples from cricket players?
All ACB and state contracted players are subject to random checks. 347 tests were conducted between the policy's inception in 1998-99 and February this year.
All ACB and state contracted players are subject to random checks. 347 tests were conducted between the policy's inception in 1998-99 and February this year.