Shane Warne in Shock on Arrival in Australia

Cricket News 12/02/03

Report By Shane Dell

A short time ago, Shane Warne arrived back in Australia and faced a barrage of media questions thrown at him in an interview conducted at Melbourne Airport. Warne who looked tired on his arrival back in his home country, is set to face an ACB hearing on a charge of “using a prohibited method” under clause 4.1 b of the ACB Anti-Doping Policy. The hearing is likely to be held as early as Friday 14 February and could result in a lengthy suspension, which would affectively bring Warne’s career to a close.

Warne had this to say on his arrival in Melbourne;

“Ladies and Gentlemen, I am pretty tired and still trying to come to terms with what has happened. I still feel a bit in shock and devastated at the news. Obviously I would prefer to be in South Africa congratulating Andrew Symonds on a wonderful innings and the rest of the boys on the great start to the World Cup. While my best wishes are with the team and I wish I was there being my last one-day international for Australia. I felt it was important to address these issues personally. However I am hopeful of returning back to South Africa to play a part in the World Cup. I am limited in what I can say tonight because it is important I don’t compromise the formal hearing that is coming up. I wanted to speak with you guys tonight to keep you up to date with the situation as best I can, keeping in mind I am only permitted to say so much. I can confirm that the fluid tablet I took before appearing to announce my retirement from One Day Cricket was given to me by my mum. Contrary to speculation, taking it had nothing to do with the treatment for my shoulder injury or for masking any banned substance. I did not give it another thought until contacted by the ASDA this week. My most recent previous ASDA test was on 12 December and it was negative. I do not, never have and never will take any performance enhancing drugs. They have no place in cricket and I do not condone them in any way. The B sample test is to be held as soon as it can be arranged, which will, hopefully, be before the end of the week. I don’t know yet how long the tests will take or when the hearing will be held, but hope it is sooner rather than later. I am sorry that it is not appropriate to go into any further detail and I am not able to take questions or make further public comment until the committee has the opportunity to look at all the evidence and circumstances and makes its decision. In concluding, I understand there is a lot of public interest and I will do my best to talk as openly as I can. I always have. In the meantime can you please respect me and my family’s privacy.”

Anti-Doping Hearing Q and A Sheet

1. Did Shane Warne stand down himself, or did the ACB stand him down?

Shane immediately notified the test results to team management and it was agreed that he be returned to Australia to deal personally with the issue.Does he receive payment while stood down?

2. Does he continue to receive payments whilst stood down?

    He will receive all payments, pending the outcome of the hearing.

    3. If suspended, does his contract still get paid for the duration of the suspension? What is the financial impact of standing down?

      At the moment this is hypothetical question, and it is a matter for the tribunal to determine.

      4. Is Shane or the ACB at any risk of action by ICC arising out of the positive test result?

        No. The ICC has distributed a statement saying that the issue with Warne related specifically to events that had taken place in Australia under the jurisdiction of the ACB and would therefore be dealt with by the ACB under the ACB Anti Doping Policy. The ICC’s Doping Policy applies only to tests taken during the ICC Cricket World Cup 2003.

        5. What is the B sample drug test?

          It is the second half of the sample Shane submitted on 22 January, otherwise known as the B sample.

          6. When is the B sample drug test and when is the result of the B sample test available?

            This is a matter for the Australian Sports Drug Agency (ASDA) and Shane but hopefully early next week. If the test is positive, Shane has a period of seven days in which to challenge the validity of the test. Shane can waive this right, in which case the ACB will receive immediate notification of the result.

            7. Why is the drug banned in cricket, what does it do?

              The drug is available on prescription and is widely used in the treatment of hypertension, high blood pressure and fluid retention. It is banned because it has the potential to act as a masking agent for steroids. It achieves this by diluting traces of the substance in the urine.

              8. What is the drug’s brand name?

                The most common brand name is Moduretic.

                9.When is the ACB Anti-Doping Committee hearing?

                  This will be determined over the next few days.

                  10. Who is part of the independent committee?

                    The three-person committee will be determined over the next few days. It is likely the committee will comprise of a person with sound legal experience, an experienced sports medicine practitioner and possibly a former player.

                    11. What is the wording of the charge?

                      The charge is a breach of clause 4.1b of the ACB Anti-Doping Policy – use of a prohibited method. Prohibited methods includes pharmaceutical, 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 of failure of the use of a prohibited substance or method is not material.

                      12. What are the penalties?

                        Under clause 8.1 the following penalties will apply for at least two years:


                        • ban the person from selection to represent Australia in international competition;
                        • ban the person from competing in any events and competitions conducted under the jurisdiction or auspices of the ACB or any member;
                        • make the person ineligible to receive direct or indirect funding or assistance from the ACB or any member;
                        • ban the person from holding (or continuing to hold) any position within the ACB or any member (including as an officer or employee);
                        • require that the person remain ASDA’s register of athletes for the purpose of out-of-competition testing.

                        Other penalties can include fines and counselling.

                        13. Are there means by which the minimum two-year penalty can be reduced?

                          Yes. The ACB Anti-Doping Medical Advisor may provide reports, statements and evidence to the committee which it may use to consider lowering the penalty.

                          14. Who hears the charge?

                            The ACB Anti-Doping Committee.

                            15. Is it open to the public/media?

                              No. It is closed because of the sensitivities of the issues. ACB Code of Behaviour hearings are sometimes open.

                              16. Can Shane play for Victoria or St Kilda pending the outcome of the hearing?

                                This is still to be determined.

                                17. Can he play for Victoria or St Kilda if suspended?

                                  If suspended he cannot play any cricket that is conducted under the jurisdiction of the ACB or Cricket Victoria.

                                  18. If he is suspended, does it stop him playing for Hampshire?


                                    19. Can Shane be replaced at the World Cup?

                                      If required and subject to the approval to the ICC Event Technical Committee, which the ACB is confident in obtaining.

                                      20. When will the replacement player be announced?

                                        The ACB is still deciding if it will await the outcome of the hearing before it applies to replace Shane in the World Cup squad. A decision on a replacement player will be made soon after the hearing date has been set.

                                        21. If he is found not guilty, can he return to World Cup?

                                          This will require the approval of the Event Technical Committee.

                                          22. If he needs to be replaced, does it have to be from within the 30 or can another player replace him?

                                            The player can come from outside the 30 and does not have to be a like-for-like player.

                                            23. Is there an appeal mechanism and what is it?

                                              Yes. Notice must be given within seven days of the decision. The appeals committee will be derived from the National Sports Disputes Centre (a group formed by the Australian and New Zealand Sports Lawyers Association, Sport Industry Australia and the Australian Sports Commission).

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