16 May 2015

M/s Wilson

Im confident the attached dissection will prove you have no idea what you are talking about.
I am also very confident that your article will result in you being severely censured by the
press council.

Bruce Francis

16 May 2015
Dear M/s Wilson
RE: Your article, There are worrying and jittery times ahead for the AFL after WADA
lodged its appeal against Essendon 34 Daily Telegraph, May 15, 2015
Many years ago Kerry Packer said you only get one Alan Bond in a lifetime. I feel my Alan
Bond moment has arrived. Over the years my mates and I have encountered a number of
detestable journalists but none has invoked the anger you do. Todays column is so bad I feel
as though Sarahs mate Eddie has given me some of his power to pick the umpires and kick
with the wind in all four quarters. Each time I have written on the Essendon saga I have
known that the vast majority of people will denigrate me. Today, I am confident even the
Hird and Essendon haters will be cheering me on. Thanks for the opportunity.
Over the years I have tried hard to be polite and respectful. But as I have despised you for
denigrating, without cause, so many people over the years, and as I believe I am commenting
on behalf of a lot of people, Id rather be judged as obnoxious rather than a hypocrite.
Item (Wilson) 1: Bombers fans buoyed by the AFL Tribunals not guilty verdict are on high
alert and in defensive mode. No matter what they claim about being dragged through an
unnecessary new hearing, the CAS will not offer the 34 Essendon players any special
considerations as it ponders their guilt or innocence over the needles program at the club in
2012.
My Comment:
1. Your comment the CAS will not offer the 34 Essendon players any special
considerations implies that the AFL tribunal members gave the players special
considerations. Typically, you have denigrated good people without offering any
proof to support your claim.
2. Your comment the needles program is gutter journalism. CAS is only concerned
about whether the players were administered Thymosin Beta-4. The supplements
program is irrelevant.
3. Instead of brown-nosing the loud mouths such as Andrew Demetriou, who claimed
the players received 10,000 plus injections, you should stick to the facts and quote
ASADA investigator John Nolan, who knew more than anyone else. On 15 July 2013,
Nolan asked AFL investigator, Abraham Haddad, to prepare an injections table
based on assumptions and a formula. When given the result Nolan said: Not really
what we are looking for. Fourteen out of 58 persons at EFC remember injections
being referred to as Amino Acids. If we add the multi vitamin aspect then it is a little
more convincing. To summarise, Nolan was mortified the players had received too
few injections to cause concern.

4. Even Stevie Wonder could see that there was no absolute figure if the number of
injections given had to be calculated using assumptions and a formula.
5. CAS will not be looking at the number of injections the players received during
supplements program in 2011 and 2012. It is only required to determine whether
player 1, player 2 player 34 was administered Thymosin Beta-4. If CAS finds an
ADRV occurred, the number of Thymosin Beta-4 injections received could be taken
into account when determining the length of ban.
Item (Wilson) 2: This hearing will not be conducted by one of their own. It will not be AFL
people judging other AFL people on whether the club oversaw a program that involved the
injection of 4000 needles in the 2012 season.
My Comment:
1. I hope tribunal members David Jones, John Nixon and Wayne Henwood sue the pants
of you for implying they were AFL people and that they may have been biased.
2. There is no evidence that the players received 4000 injections. If you cant
substantiate this claim you should resign. We all know why you wont be sacked for
writing such garbage.
3. As stated in my response to Item 1, the CAS has no interest in the number of
injections the players received. The CAS role is to determine whether the players
were administered Thymosin Beta-4.
Item (Wilson) 3: The CAS do not skirt around player welfare issues or offer special
consideration to the AFL. They do not ask ASADA to jump through so many hoops that the
burden of proof is impossible to scale.
My Comment:
1. The only salvation in reading this garbage is the bloke you live with has probably also
reached for the bucket.
2. CAS simply applies the AFL rules. It is just another tribunal bound by the AFL rules.
It is just new eyes looking at the same evidence.
3. As I have already stated, the AFL tribunal only had to determine whether the players
were administered Thymosin Beta-4. It didnt have to assess welfare issues; it didnt
offer special consideration to the AFL; it didnt ask ASADA to jump through so many
hoops that the burden of proof is impossible to scale.
4. The burden of proof at the CAS is the same as the burden of proof at the tribunal
comfortable satisfaction.
5. Its impossible to simplify for you to understand, so the following is for the benefit of
the readers of this open letter.
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In our courts the burden of proof is beyond reasonable doubt. For simplicity, lets
say the jury has to be 90% to 95% certain of guilt.

At the AFL tribunal and CAS, the burden of proof is comfortable satisfaction. For
simplicity, lets say the members have to be 70 to 75% certain of guilt.

In some forums the burden of proof is on the balance of probability. For

simplicity, lets say the jury has to be 55% to 60% certain of guilt.

6. As I understand it, Ben McDevitt argued that the AFL tribunal set its comfortable
satisfaction bar too high, at lets say, 85% rather than at 75%.
Item (Wilson) 4: The CAS makes it the sole responsibility of the athlete to prove his
innocence without reasonable doubt. As it has been for every individual drug cheat snared by
world doping agencies, these 34 will face the same grilling as a Russian hurdler, Chinese
swimmer or American cyclist.
My Comment:
1. If this is not the dumbest comment that has ever appeared in the Daily Telegraph it
certainly gets in the grand-final:

Its proof you only open your mouth to change feet.

Its proof the Telegraph doesnt employ sub editors

Its proof the editor doesnt give a stuff that his paper belongs in the fiction section of
the library

2. I have no idea how you got your job but if, and Im not suggesting it was, but if it were
through affirmative action, the program is not working.
3. You made this same stupid comment on SEN radio on Tuesday and some fool called the
Ox, who obviously backed into one too many packs, allowed you to get away with it. At
least the Ox was appropriately named. Its a shame I cant use your nickname here. The
players do not have to prove anything. The WADA Code says WADA has to prove to a
comfortable satisfaction level that players were administered Thymosin Beta-4.
Item (Wilson) 5: The evidence that the AFL said they simply could not accept will be fully
admissible at the CAS. Written statements from suppliers and chemists, pretty much
disregarded at the AFL tribunal, will be admissible.
My Comment:
1. Reading this bile has affected me more than travelling to England by sea. My bucket
is full. I think I need a 44 gallon drum.
2. Who is the AFL? I cant recall Fitzpatrick or M/s Dessau, or McLachlan or Clothier
saying they couldnt accept evidence. The AFL didnt accept anything. The AFL
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wasnt involved. Rulings were made by the AFL Anti-Doping tribunal under the AFL
rules. My recollection is the tribunal was made up of three independent legal experts
who interpreted some alleged evidence differently from you.
3. I am unaware Alavi and Charter provided written statements. My understanding is
there were transcripts of interview but no signed affidavit from these witnesses. As
was its want, ASADA produced a document which was different from the spoken
evidence and one or both refused to sign the statement because it was full of lies.
4. Its impossible to understand why Charter is even mentioned by anyone. He had no
idea what was sent from China; he had no idea what Alavi did with it; he had no idea
what Dank did with it; he had no idea what the players were administered. In fact,
Charters knowledge is on a par with yours. Its worthless.
5. Alavi has no idea what substance he received from China so he also has nothing to
contribute. Presumably, this time around Chip Le Grand will be called as a witness.
He will testify that Alavi told him he had no idea what he gave Dank.
Item (Wilson) 6: Confessions from support staff that they injected themselves with banned
substances obtained from Stephen Dank and kept at the Essendon club will be accepted as
true.
My Comment:
I cant see what your comment has to do with anything. I was under the impression 34
Essendon players were charged with taking Thymosin Beta-4. My understanding is they were
exonerated by the tribunal. My understanding is WADA will attempt to convince CAS,
player 1, 2 34 was administered Thymosin Beta-4. What has the weight conditioner, Suki
Hobson, admitting she took Hexarelin, got to do with deciding whether player 13 took
Thymosin Beta-4? What a support person took has nothing to do with the player.
Item (Wilson) 7: The rules of all sport governed by the World Anti-Doping Agency are such
that it will not matter that these 34 players are part of a group who claim they did not know
what was in the needles. The onus of personal responsibility that an athlete must be aware
of every single thing he or she puts into their body is the defining ethos of world sport.
My Comment:
1. This comment it so irrelevant it suggests you had to pad to reach the required number
of words for your article.
2. The players claim they didnt take Thymosin Beta-4.
3. WADA claims they did.
4. WADA has to prove they took Thymosin Beta-4.
5. WADA cant prove Alavi received Thymosin Beta-4.

6. WADA cant prove Alavi supplied Thymosin Beta-4 to Dank.

7. WADA cant prove Dank administered one player Thymosin Beta-4, let alone prove
player 1, 2 34 was administered Thymosin Beta-4.
8. Dank testified under oath to the Australian Crime Commission that he administered
Thymomodulin and not Thymosin Beta-4 to the players. When testifying he was
aware that perjury would result in him spending two years in the slammer.
9. But for the sake of getting you excited lets assume Dank did administer Thymosin
Beta-4 to a few players. How is WADA going to prove which players received TB-4?
It cant. Even Benny McDevitt and his army of taxpayer funded lawyers realised they
couldnt prove anything against an individual and consequently made no attempt to do
so in the AFL tribunal.
10. Unless WADA has evidence to prove specific individual players were administered
Thymosin Beta-4, it should call off its appeal.
Item (Wilson) 8: The I had no idea or Nobody told me what was in the needles or The
doctors/coach/trainers said it was okay does not wash at WADA or the CAS. Every single
one of those footballers, and every other athlete whose sport is a signatory to the world code,
is sent monthly emails telling them what new drugs are on the list and which ones may have
been deleted. They are repeatedly told it is up to them to report and question any substance
use, extenuating circumstances or needles they have been given as a matter of course.
My Comment:
More padding. So what! At the risk of boring my readers, CAS has to determine whether
player 1, 2 34 was administered Thymosin Beta-4. Monthly emails have nothing to do
with whether 34 players were administered Thymosin Beta-4.
Item (Wilson) 9: Essendon fans point the finger at critics of the players and claim it is a
witch hunt of innocents who simply did not know any better. That there were 4000 syringes
used (this is undisputed) does not matter.
My Comment:
1. No one has claimed the players didnt know any better.
2. You are an idiot and as close to being a liar as possible to allege, to claim it is
undisputed that there were 4000 syringes used. On 31 March 2015, McDevitt
claimed there were hundreds, maybe thousands of injections given to the players.
Instead of wasting your time writing fiction why dont you ring McDevitt and tell him
you have undisputed proof that 4000 syringes were used? And then when you have
done that get your paper to publish your evidence on the front page. At the same time
you may wish to explain why the investigators had to use assumptions and a
formula to estimate the number of injections. I am told the formula used was along
the lines of think of your favourite number, double it, add your age, subtract 13 and
add five eighths of bugger all.
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Item (Wilson) 10: That Mr Dank and coach James Hird have each been found guilty of
offences relating to the supplements program is duly ignored by sympathisers who will stop
at nothing to discredit those who want to know the truth.
My Comment:
1. Hird wasnt even charged you fool, let alone found guilty.
2. You are an arsonist in a firemans uniform. Its a bit rich to complain about the
treatment of the media when its members were the ones to put the suicide vests on.
3. You cant handle the truth. Three independent legal experts heard the evidence at the
tribunal and found the players not guilty. Evidence I might add, that took two years to
accumulate.
4. While mentioning the not guilty verdict at the tribunal it is important to expose the
disingenuous comments of those such as Gerard Whateley and yourself, who claim
the players were not exonerated. I have watched thousands of television shows; I have
attended court; I have read in newspapers, hundreds, if not thousands of decisions
from the courts and I cant recall the jury or the judge ever saying guilty or not
guilty beyond reasonable doubt. The decision is either guilty or not guilty. Your
claim on SEN radio that the tribunal didnt rule the players were not guilty is not true.
The burden of proof is not a rider that is attached to a decision to enable the plaintiff
and supporters such as you to claim the defendant hasnt been cleared. The players
were found not guilty. Although the term innocent is not used in the courts, the
players in laymans terms, were found innocent.
Item (Wilson) 11: That this has dragged on long enough anyway is used as the primary
reason not to find that truth is a nonsense. James Hird himself dragged the players and the
AFL through months of unnecessary and conceited legal action ensuring the matter would
drag on for a year longer than it should have.
My Comment:
1. I could write pages about the bile contained in these few words. Suffice to say, Hird
has never used the dragged on long enough excuse in attempt to hide the truth. He
has stated repeatedly that the players were not given banned substances. As far as he
is concerned the truth has been told. You and your mates in the media are the ones
who wont accept the truth.
2. The majority of those people claiming this has dragged on long enough are
members of the media, the AFL and the 17 clubs, all of whom are embarrassed at
getting it so wrong.
3. If Hird hadnt capitulated to bullying and blackmailin August 2013, and if the
Essendon board had had the balls to fight the AFL and the corrupt investigation, the
matter would have been resolved in 2013.
4. And lets not forget that if the AFL had checked just once in five years with clause 7.4
of its anti-doping code, the saga would not have arisen.
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5. Sorry, I nearly forgot that although the AFL and ASADA believed Essendon players
were taking dangerous, banned substances in 2011 and 2012, they did nothing to stop
it. I cant imagine worse behaviour than officials standing back and letting young men
take substances which they (the authorities) believed were detrimental to the players
health.
Item (Wilson) 12: The AFL itself, and more particularly Essendon, did so much to hide the
extent of the scandal, to make backroom deals between themselves without any level of
transparency, that they should be ashamed.
My Comment:
1. I am aware of many people making stupid comments when they are smoking funny
cigarettes or are smashed, but its impossible to ascertain what caused you to write
such nonsense.
2. The two senior Essendon people, David Evans and Ian Robson cooperated with the
AFL to such an extent many of us wandered who they were representing:

They hired Liz Lukin at the AFLs suggestion

They suspended Dean Robinson at the AFLs suggestion

They pretended they self-reported

They reputedly hired Ziggy Switkowski to undertake an investigation of

governance issues at Essendon. The jury is still out on who initiated such action.
A number of people believe Ziggy was hired at the behest of the AFL.
Fortunately, the upcoming court action will answer that query.

They not only accepted the horribly flawed Switkowski Report as fact, but gave it
to the AFL to use against Hird and the club.

Evans phoned Andruska on 22 April 2013 to let her know the Switkowski
investigation had been completed. If you can explain what the Switkowski
investigation had to do with Andruska Ill nominate you for a Walkley.

Evans participated in a meeting with government, ASADA and AFL officials on

June 2013, which corrupted the whole investigation. Inexplicably, although the
investigation hadnt been completed, those attendees decided on the penalties.

3. The following suggests, contrary to your claim, that all the dealing was done by the
Gillard government, ASADA and the AFL. In so doing, they corrupted the whole
process:

Andruska revealed that the AFL began discussing possible outcomes and
sanctions as early as February 2013. The investigation commenced on 1 February
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2013 and Stage 1 concluded on 31 July 2013. Stage 2 finished in February 2014.
When the AFL began discussing possible outcomes with the government and
ASADA not a single witness had been interviewed.

Former Prime Minister, Julia Gillard, pressured ASADA to bring a quick

resolution to the Essendon supplements saga. ASADA chief executive, Aurora
Andruska, detailed a meeting she had in Canberra on 9 February 2013. The
meeting was attended by Eren Perdikogiannis, Paul Simonsson, Darren Mullaly,
Trevor Burgess (ASADA); McLachlan and Clothier AFL; Evans and Robinson
(EFC); Eccles PM&C. Andruska noted that PM wants it to end because of the
criticism of gov. She noted McLachlan said there would be sanctions against
Essendon if any wrongdoing was found and the AFL would hold individuals
accountable.

On 13 February 2013, Richard Eccles, deputy secretary of the Department of

Prime Minister and Cabinet, informed ASADA lawyers in writing that he had told
AFL deputy chief executive Gillon McLachlan that if the anti-doping body took a
view that a player was not at fault, the AFL Tribunal would view things in a
certain light, and it is as locked in as it can be.

Andruska said Richard Eccles deputy secretary department of Prime Minister and
Cabinet had been at several meetings involving the AFL, ASADA, the ACC and
the government.

Andruska testified that By June 2013, ASADA was coming under pressure from
the relevant Commonwealth Minister, Kate Lundy to reach some form of
conclusion, or an outcome from the investigation.

On 4 June 2013, Andruska and M/s Perdikogiannis of ASADA spoke to M/s

Glenys Beauchamp, deputy secretary, Department of Sport. The handwritten notes
recorded by Ms Perdikogiannis record the following: 9am conversation with M/s
Glenys Beauchamp [Secretary, Department of Regional Australia, Local
Government, Arts and Sport] with AA [Aurora Andruska].Clear instructions from
Min [Minister Lundy]. Min [Lundy] her colleagues at her, accusing her of
hampering chances of re-election you need an outcome. Heightened levels of
anxiety by AA [Aurora Andruska], and Elen gets emotional as well. Big business
sponsors, Australias reputation, etc. Min [Lundy] has put it on Glenys etc

Andruska said the minister was demanding no players to be sacked. According to

court documents Andruskas notes of that 4 June meeting said: Lundy: needs
something [a] deal with AFL; support staff sacked; points [taken] off
[Essendon]; players off.

Andruska told the court that at one meeting, David Lording, a corporate and
government communications consultant brought in to advise ASADA, said
Senator Lundy needed a deal with the AFL and ASADA to relieve political angst
created by her decision, along with then Justice Minister Jason Clare, to invite
sports chiefs to attend a 7 February release of the ACC report.

Justice John Middleton asked Andruska whether it was unusual for her to be at a
meeting with the Minister, her press adviser and the head of a sporting body. Yes
it was, she said.

On 5 June 2013, ASADAs lead investigator, John Nolan, expressed concern that
Andruska was serving the political agenda of others.

ASADA deputy chief executive Trevor Burgess told the Federal Court he received
a briefing on 13 June from Richard Eccles, a deputy secretary within the
Department of Prime Minister and Cabinet, about an AFL plan to take action
against the club staff and suspend Hird for at least six months (My comment:
The above bullet points were transposed from Andruskas testimony and various
newspapers - Herald Sun, The Age and the Australian. Unfortunately I am unable
to attribute the exact source)

Item (Wilson) 13: Then there are the media types who have decided to side with the
Bombers, blurring the already muddied waters with selective leaks that omit vital detail and
overlook the fact that an entire football team went through an injections program which
would make any sensible person take fright.
My Comment:
This comment would get a laugh at the Melbourne Comedy Festival. Tens of millions of
negative words have been written and spoken about Essendon and Hird. You would be lucky
to find 10,000 positive words written about Essendon. You would be hard pressed to find a
handful of journalists who have written anything positive about Essendon. And none has been
the recipient of leaks.
Item (Wilson) 14: Where were the concerned and traumatised parents of Melbourne
talkback radio when their sons were accepting the needle program? I have a son who was an
elite athlete. If he had been asked to have one needle, he would have queried it. That each
one of these players had more than 100 injections must surely have caused concern with their
parents, let alone the athlete himself?
My Comment:
1. Your arrogance knows no bounds. You obviously believe you have been the perfect
parent and are therefore entitled to sit in judgment on other parents. Have you ever
thought that the players were comfortable with what they were told at Essendon and
therefore didnt feel the need to discuss the issue with their parents?
10

2. I am sick to death reading or hearing about your children. Heres two bob, go and ring
someone who cares about your son or who cares about what you think. I am sure your
son is a nice boy but I dont give a stuff. Id prefer to read about him in his own right
rather than as your son.
3. WADA was kind enough to publish the names of the 34 players on its web page
despite it being against the rules to do so. You are a liar to suggest each one of the 34
players had more than 100 injections.
4. Given that you have declared all 34 players are guilty of taking Thymosin Beta-4, I
hope they all sue you for defamation. I am advised the players may even have a case
for criminal defamation.
Item (Wilson) 15: 34 individual athletes will face their day of judgement at the CAS without
a cloak of protection from sympathisers, James Hird will see that not everyone thinks he is
blameless and Stephen Danks moment of truth is looming.
My Comment:
1. This implies that the players have been protected by sympathisers. I doubt whether
Patrick Smith or Carowhine Wilson would even be silly enough to support this
contention.
2. This implies that at the moment you think nearly everyone thinks James Hird was
blameless. This proves you dropped in five minutes ago from another planet. The
Melbourne media, much to its shame, has arguably run the most vicious anti
campaign against Hird in Australias sporting history.
Item (Wilson) 16: It will be a long time coming but justice may finally have its day.
My Comment:
1. This is a huge back-down from your comment to the Ox on SEN radio. You told him
that it would take CAS five minutes to find the players guilty. Now you are
suggesting justice MAY finally have its day.
2. Your comment justice may finally have its day implies that justice wont be served if
the players are exonerated.
M/s Wilson, there is no room for your self-righteous bile in our newspaper. The only
redeeming feature of your article is you proved your ignorance to everyone.

Bruce Francis

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