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ASADA v Essendon — what you need to know

Written By komlim puldel on Minggu, 14 Desember 2014 | 23.08

ASADA has failed in it's legal bid to have two witnesses compelled to give evidence in the Essendon anti-doping tribunal.

ASADA's case against Essendon will begin on Monday. Source: News Limited

Before the most contentious tribunal case in VFL/AFL history starts on Monday — behind closed doors — Grant Baker tells you everything you need to know about the case and the key players.


Australian Sports Anti-Doping Authority v 34 current and former Essendon players, and Stephen Dank


The hearing begins at 10am today. The tribunal will sit again on Thursday and Friday and then resume on January 12 after the Christmas break. In all, the tribunal is expected to sit for about three weeks.


County Court, William Street


Players face the allegation they used the banned peptide Thymosin-beta 4.


In February 2013, Essendon "self-reported" its concerns about possibly having used banned supplements. Many revelations followed about the 2012 supplements program and the Essendon-commissioned Switkowski Report found governance failings. The AFL found Essendon had brought the game into disrepute, and punished the club and its senior coach James Hird. By June this year, ASADA decided on show cause notices only to have the process blocked by Federal Court action from the Bombers and Hird. That failed (Hird's appeal notwithstanding), and ASADA reissued the notices. The AFL duly charged them with anti-doping offences and convened these hearings.

Essendon coach James Hird was in court in August. Picture: Norm Oorloff Source: News Corp Australia


David Jones QC (chair, retired judge)

John Nixon (retired judge)

Wayne Henwood (former Sydney player, barrister)


Lawyers. A whole, expensive, bunch of them. Lawyers for ASADA will prosecute; lawyers for the players (two sets of them) will defend while lawyers for the AFL will, well, be there. The three witnesses ASADA may call are high-profile sports physician Peter Fricker — who knows Dank; University of Sydney endocrinologist David Handelsman and a former business associate of biochemist Shane Charter called Sergio Del Vechio. It's unlikely they will be called before January.

Shane Charter, who ASADA wanted to appear as a witness, won't be at the anti-doping tribunal. Picture: Luke Marsden. Source: News Corp Australia


Shane Charter and compounding chemist Nima Alavi. The Supreme Court ruled on Friday they could not be compelled to attend. Dank, too, is unlikely to show up or be represented. The players are considered unlikely to attend, but can watch via video-link at another location should they choose.


Chairman Jones rejected a bid by the Herald Sun and other media outlets for an open hearing. The application was supported, with qualifications, by the AFL. Jones argued the rights of the players to privacy outweighed the public interest.

All media will be banned from the AFL ASADA hearings following the request of 32 former and current Essendon players involved in the doping scandal


ASADA'S case was simply put by lawyer Dan Star in the Supreme Court matter last week: Charter sourced the banned peptide Thymosin beta-4; Alavi prepared it for injection and gave it to Dank; Dank injected it into the 34 players.


ASADA has been steadfast that it can run its case without direct testimony from its star witnesses, but their absence may cause the tribunal to put a lesser weighting on the previous, unsworn statements they gave to ASADA and on which the anti-doping body now relies. The players could argue that some of their evidence should not be admitted, because they do not have the opportunity to scrutinise it on cross examination.

Pharmacist Nima Alavi won't be giving evidence. Source: News Corp Australia


For a guilty verdict, the tribunal must find to its "comfortable satisfaction" that the offence was committed. It is commonly accepted the level of proof required is higher than balance of probability but lower than beyond reasonable doubt.


For the players, bans could range from effectively three months to two years. For ASADA, failure to successfully prosecute will almost certainly bring on a Federal inquiry. Dank has no future in the AFL regardless of the outcome, but an AFL life ban would be honoured by all sports.

Originally published as ASADA v Essendon — what you need to know
23.08 | 0 komentar | Read More

Housemate thought noises were sex

Shikha Godara Beniwal, left, and Sunil Beniwal. Source: Supplied

AN intervention order against a man suspected of a murder-suicide in Melbourne's west expired just four days ago, police say.

The man, believed to have committed suicide by swerving his car into the path of a truck this morning, is Sunil Beniwal.

His wife, who was later found dead at a house in Deer Park, is Shikha Godara Beniwal.

Shikha Godara Beniwal, left, and Sunil Beniwal.

They had a three-year-old son together.

Mr Beniwal died when his car veered on to the wrong side of the road and hit a truck at 4am on Hopkins Rd, Truganina, near Caroline Springs. The truck driver suffered minor injuries.

A woman after arriving at the scene of the suspected murder-suicide in Deer Park. Picture: Hamish Blair

Police found his wife's body after investigations led them to do a welfare check at his Corey Close home at 7.45am.

Detective Sgt Paul Tremain said an intervention order had been taken out in 2012 that expired four days ago.

A man outside the home in Deer Park. Picture: Hamish Blair

"There is a history (of violence) going back," he said.

"Orders have a life span. It's passed that life span."

The scene of the fatal car crash in Hopkins Rd, Truganina. Picture: Hamish Blair

He said the victim did not live at the address where she was allegedly murdered.

"At this stage I can't go into what's happened. We need an autopsy," he said. "We believe there is no one else involved."

The scene of the crash in Hopkins Rd, Truganina. Picture: Hamish Blair

Jackson Kelly, 17, said his older brother, James Negri, rented a room in the alleged killer's home.

He said his brother had heard noises coming from a bedroom last night, but thought the pair were having sex.

Detectives investigate the suspected murder in Corey Close, Deer Park. Picture: Hamish Blair

"He heard cops at the back of the house the next morning. They told him to get outside," he told the Herald Sun.

He said he was under the impression Mr Beniwal had been trying to reconnect with his wife and they were living together with their son.

Police in Corey Close, Deer Park. Picture: Hamish Blair

He said his brother and his brother's girlfriend had been tenants at the home for two months.

"I've met the family. He was the nicest guy. I was shocked," he said.

A forensics police officer takes photos at the scene in Deer Park, Australia. Picture: Hamish Blair

Neighbour Sandra Moran said: "The dog started barking at 11.30pm-ish, that's all I heard," she said.

"I think the wife has left him. He has the child on the weekend. It's a little bit disturbing."

Police on the scene where a body, believed to be part of a murder-suicide, was found in Corey Close on Sunday, December 14, 2014, in Deer Park, Australia. Picture: Hamish Blair

Other residents described the area as a very quiet neighborhood and said this was the first time a police car had been in the court in two years.

"You don't expect it. It makes you think what could have happened," Karla Smith, 27, said.

"He could have been running around with a knife. You never really know what state of mind someone is in. I just feel for the child now."

Police will prepare a report for the Coroner about both deaths.

Originally published as Housemate thought noises were sex
23.08 | 0 komentar | Read More

‘Out of control’ fire threatens homes

Lives and homes could be in danger from an out-of-control bushfire burning at a park in Perth's north-east.

A bushfire sends a massive plume of smoke into the sky from Whiteman Park. Picture: Stewart Allen Source: News Corp Australia

RESIDENTS in the northeast suburbs of Brabham and Henley Brook have been warned to either leave or actively defend their homes as fire threatens houses.

About 100 firefighters are battling the blaze and water bombers have been called in to fight it from the air.

The fire is now "out of control and unpredictable" and moving slowly in a north-easterly direction.

A bushfire Emegency Warning has been issued for people in the parts of Brabham and Henley Brook bounded by Lord Street, Henley Street, Murray Street and Woollcott Street, in the City of Swan.

Fire zone

"The bushfire is moving fast in a north easterly direction. It is out of control and unpredictable,'' DFES warns.

"Burning embers are likely to be blown around your home. Spot fires are starting ahead of the fire.

"You are in danger and need to act immediately to survive. There is a threat to lives and homes.

"The alert level for this fire has been upgraded as ember attack is now affecting the suburbs.

"Homes bordering Whiteman Park are under threat by fire now.

"The fire started in Whiteman Park and is burning on both sides of Lord Street, near homes in Brabham.''

The Deparment for Child Protection and Family Support has also set up an evacuation centre at the Altone Park Recreation Centre, on Benara Road in Beechboro.

The cause of the blaze is unknown but there are unconfirmed reports the Police Arson squad has been called into investigate.

A bushfire sends a massive plume of smoke into the sky from Whiteman Park. Picture: Stewart Allen Source: News Corp Australia

The fire was reported about 1.10pm.

Department of Fire and Emergency Services issued a Watch and Act alert for the people inb Brabham in the City of Swan.

"The alert level for this fire has been upgraded as the fire in Whiteman Park is burning towards homes in the area,'' DFES warned.

"This alert covers an area bounded by Lord Street, Park Street, Murray Road and Woollcott Avenue.

"There is a possible threat to lives and homes as a fire is approaching the area and conditions are changing.

"You need to leave or get ready to actively defend.

"The fire started in Whiteman Park and is burning on both sides of Lord Street, close to homes near and between Charlton Way and Park Street, in Brabham.''


In a shocking day for Perth firefighters, they were also called to deal with two other serious fires, one in Southern River, the other in Balcatta.

A structure and rubbish fire in Balcatta in now contained and under control, however smoke will be affecting the area for the rest of the evening.

The fire is burning at the Balcatta Recycling Centre on Balcatta Road, and has been contained to a rubbish pile.

The smoke plume is being blown north.

A bushfire advice has been issued for people in Homles Street, between Harpenden and Balfour Streets, in Southern River, in the City of Gosnells.

There is no threat to lives or homes but there is a lot of smoke in the area.

There is no immediate danger, but people need to be aware and keep up to date in case the situation changes.

The fire is burning on the southern side of Holmes Street and is burning in a northern direction.


The bushfire is moving slowly in a north easterly direction.

It is out of control and unpredictable. Burning embers are likely to be blown around your home. Spot fires are starting ahead of the fire.


If the way is clear, leave now for a safer place.

Do not wait and see, leaving at the last minute is deadly.

There is ember attack ahead of the fire, so close all doors and windows, and turn off evaporative air conditioners, but keep water running through the system if possible.

If your plan is to stay and actively defend, do not rely on mains water pressure as it may be affected. If you have access to a water tank and plan to defend your home, start patrolling with your hose and put out spot fires.

If you cannot leave, you need to get ready to shelter in your home and actively defend it.

If you are not at home, it is too dangerous now to return.


Your safest option may be to visit family or friends who live away from the area.

The Department for Child Protection and Family Support has also set up a temporary evacuation centre at (place). If you have animals you can relocate to (place).


A bushfire WATCH AND ACT has been issued for people in parts of Henley Brook bounded by Lord Street, Gnangara Road, Robert Street and Henley Street in the City of Swan.

There is a possible threat to lives and homes as a fire is approaching the area and conditions are changing.

You need to leave or get ready to actively defend.


If you are not prepared or you plan to leave, leave now if the way is clear.

There is ember attack ahead of the fire, so close all doors and windows, and turn off evaporative air conditioners, but keep water running through the system if possible.

If you are well prepared and plan to actively defend your home, make final preparations now.

Do not rely on mains water pressure as it may be affected. If you have access to a water tank and plan to defend your home, start patrolling with your hose and put out spot fires.

If you are not at home, do not try to return as conditions in the area could be very dangerous.


Avoid the area and be aware of fire and other emergency services personnel working on site.

A number of roads have been closed including:

Lord Street between Park Street and Harrow Street.


Approximately 100 career and volunteer firefighters are on the scene actively fighting the fire.

Aerial support has been sent to assist ground crews.


Visit www.dfes.wa.gov.au, call 13 DFES (13 3337), follow DFES on Twitter @dfes_wa, listen to ABC local radio, 6PR or news bulletins.

Updates will be provided every hour unless the situation changes.

Originally published as 'Out of control' fire threatens homes
23.08 | 0 komentar | Read More

Man charged over pedestrian death

A woman is dead and a man is seriously injured after a car mounted a footpath in Sydney's inner west.

MOTORISTS detained the driver of a car that struck and killed a female pedestrian and left a man fighting for his life in ­Rozelle yesterday.

The woman, 47, and the man, 49, were hit by an out-of-control vehicle which had veered onto a footpath on Victoria Rd.

The car involved in the fatal pedestrian accident on Victoria road, Rozelle. Picture: Gregg Porteous Source: News Corp Australia

Bystanders ran to their aid, including a surgeon ­cycling past who stopped and performed CPR.

Witnesses said passing motorists detained the 22-year-old driver who got out of his ute and allegedly tried to flee.

He was last night charged with dangerous driving causing death and failing to stop and render assistance.

Police at the scene where one pedestrian has died and a second has been taken to hospital after being hit by a car on Victoria Road, Rozelle. Picture: Gregg Porteous Source: News Corp Australia

The horrific crash happened about 11am on Victoria Rd near Robert St. The impact was so powerful the left-hand side of the ute's windscreen was smashed in.

Witness Adrian Briscoe, 50, was at home when he heard three loud bangs and rushed onto the street to see what was happening.

"Everyone came out, people were screaming 'call an ambulance'," he said.

A witness to the tragic accident is comforted at the scene. Picture: Gregg Porteous Source: News Corp Australia

One woman held up a sheet while the surgeon worked on the pair. Mr Briscoe said a third man, who had been walking with the pair when they were struck, was shouting at the driver.

"There was this angry guy, as the cops ran up and grabbed this guy and handcuffed him and frogmarched him back, he shouted 'you f ... ing killed my brother'," Mr Briscoe said

"It is terrible so close to Christmas, people just going for an innocent Sunday stroll and, bang, a life has ended — it is horrid."

The male pedestrian, believed to be in his late 20s, was taken to Royal Prince Alfred Hospital in a serious condition.

The driver was also taken to the RPA for blood and urine testing before he was escorted to Newtown police station to be interviewed.

Two city-bound lanes of Victoria Rd were closed and about 50m of footpath was cordoned off for much of the afternoon as police investigated the fatal crash.

Originally published as Man charged over pedestrian death
23.08 | 0 komentar | Read More

Have you been #blockedbybishop?

Internal ructions over the prime minister's chief of staff have been downplayed by Julie Bishop.

HAS the Deputy Leader of the Liberal Party of Australia Julie Bishop gone rogue?

Or maybe she's taking her role as Australia's Foreign Minister very seriously by going undercover?

Either way, you've probably been #blockedbybishop on Twitter.

And that hurts.

Where else will we be able to see Ms Bishop's late night emoji blitzes? (NB: As we're blocked, all the awesome emojis have disappeared)

However, here's one we prepared earlier:

Mad Libs is back. Enjoy Ms Bishop's emojipalooza. Source: Supplied

I'm not sure what we're all supposed to have done to deserve a blocking.

Could it be a new trend for the Australian Government to give people information on a need-to-know basis, as part of some inner circle?

PM: Haha, classic! Block Hockey. Bishop: *blocked* Picture: Gary Ramage Source: News Corp Australia

Bishop: Do you think he (Hockey) is upset? Source: News Corp Australia

PM: You'd better not block me and Trussy. Source: Supplied

(Later that day) Bishop adds to her block list. Source: AFP

Whatever the reason, Twitter has understandably been both intrigued and put offside by Ms Bishop's latest action.

23.08 | 0 komentar | Read More

Govt to slash foreign aid by $4 billion

Joe Hockey is expected to reveal a 2014/15 deficit of 35 billion dollars at his Fiscal Outlook announcement.

FOREIGN aid will be slashed to save almost $4 billion as the Government tries to get the Budget under control.

Treasurer Joe Hockey will release the Mid Year Economic and Fiscal Outlook today, and has warned bigger deficits, new spending and more cuts will be included.

The economic situation has deteriorated due to a 30 per cent drop in iron ore prices, a stagnating global economy, and some savings measures being blocked in the Senate.

Economists have warned that the deficit could blow out from the expected $30 billion by around $5 billion and Mr Hockey says deficits will now continue beyond 2018.

The $3.7 billion savings will come from Official Development Assistance over four years as the Government returns the $4 billion a year fund to 2007-08 levels.

Treasurer Joe Hockey holds a press conference at the Commonwealth Parliamentary Offices in Sydney ahead of the budget update yesterday. Picture: Britta Campion

Mr Hockey said they were unhappy making the cuts but were forced to do so, and that the economic statement was a "shock absorber" for the falling export prices.

"We don't like having to do this on foreign aid, but we have offset all of our new spending," he said yesterday.

"That includes funding critical national security to keep Australians safe."

Mr Hockey is blaming Labor for locking "irresponsible promises" into the Budget.

An Afghan child pushes a wheelbarrow carrying his brother in the outskirts of Herat. Afghanistan is still extremely poor and remains highly dependent on foreign aid.

"These are Bill Shorten and Tanya Plibersek's cuts," he said.

"They were irresponsible and reckless and now they have to help clean up the mess."

The MYEFO will include savings of $500 million through scrapping government agencies and committees and cutting public sector jobs.

It will also outline an increase in unemployment and a $3.5 billion blowout in welfare spending.

Opposition treasury spokesman Chris Bowen said Mr Hockey was "full of excuses".

"Of course there's been a decline in iron ore prices but there's also been a collapse in consumer confidence, business confidence and rising unemployment on his watch," he said.

"Why? Well firstly you see the Government's unfair cuts to family budgets, impacting on consumer confidence, and, importantly, the Australian people knowing that the Treasurer's just not up to the job that impacts on confidence."

Mr Hockey should "walk away from his Budget and start again, admit he got it wrong", he said.

Mr Hockey said growth would stay around 2.5 per cent but would then increase to 3 per cent.

"We expect unemployment to continue to grow, obviously, to levels that are a tick higher than what we forecast in the Budget, but this year we have seen a significant improvement in job creation," he said.

"This year we have seen job creation run at three times the speed of last year … if we had the same settings as the last year of the Labor Party in Government, unemployment would be at over 7 per cent and more than 110,000 Australians would not be in a job."

Mid Year Economic and Fiscal Outlook: What we know

· No Budget surplus in foreseeable future, and bigger deficits across the forward estimates

· $3.7 billion cut from foreign aid

· Childcare and family welfare payments to rise by $3.5 billion

· 175 Government agencies to be axed

· Growth about 2.5 per cent increasing to 3 per cent

· Increase in unemployment figures

Originally published as Govt to slash foreign aid by $4 billion
23.08 | 0 komentar | Read More

Mel B rushed to hospital

Serious ... Mel B was rushed to hospital after collapsing. She is being tested for stomach ulcers and viruses. Picture: Splash Source: Supplied

MEL B owes her life to a quick thinking chauffeur driver, who raced her to a hospital in London after stomach pains left her "screaming in agony".

She was on her way to a press conference and rehearsal when she fell ill after being picked up from her house.

The 29-year-old is reportedly receiving treatment for a stomach ulcer and is believed to be in a stable condition. Currently she is being monitored in the high dependency unit which is one level below intensive care.

The X Factor judge is said to be having tests done for a various viruses as well as stomach ulcers.

Missing? There are conflicting reports as to the whereabouts of Mel B's husband Stephen Belafonte. Picture: Stuart C. Wilson/Getty Images Source: Getty Images

"Mel is in a terrible state, physically and emotionally. She is very weak and is being given treatment to help her with the pain," a friend close to the star told The Mirror

Another source claimed it was so serious that Mel "could have died" if it weren't for the driver thinking so quickly.

There are conflicting reports for the whereabouts of husband Stephen Bellefonte with The Sun claiming "nobody knows where (he) is, while The Mirror maintains he has been by her bedside the whole time.

Mel, 39 was forced to miss the first round of the X Factor finals, as her contestant Andrea Faustini was knocked out of the competition.

23.08 | 0 komentar | Read More

James Bond script leaks online

Script stolen ... The screenplay to the upcoming James Bond film Spectre, starring Daniel Craig has been stolen as part of the massive Sony Pictures hack. Picture: AFP Source: AFP

JAMES Bond has become the latest victim of the massive Sony hack, after the script to the upcoming film Spectre was published online.

And it seems Sony executives are scrambling to fix the film's ending, according to Gawker.

The leaked emails show producers show them going line by line through the script, complaining that it doesn't have a good "twist", that they're not happy with the villain and that the movie diesn't have enough follow-on from the previous Bond films.

Maker Eon Productions says it's concerned third parties who have received the screenplay might seek to publish it.

Bond girls ... French actress Lea Seydoux, left, and Italian actress Monica Bellucci are announced as co-stars for Spectre in London on December 4. Picture: AFP Source: AFP

The company warned it would take "all necessary steps" to protect the rights of Metro-Goldwyn-Mayer Studios and Danjaq LLC, which is responsible for material related to James Bond on screen.

The Bond leaks are the latest in a serious of embarrassing Sony email leaks from producers and Sony boss Amy Pascal including revealing employee salaries and person details.

In one email, a producer called Angelina Jolie a spoiled brat, writer Aaron Sorkin complained that actor Michael Fassbender makes people feel bad about their manhood and plans to do a 21 Jump Street and Men in Black crossover.

New bond film ... Italian actress Monica Bellucci, French actress Lea Seydoux will play "Bond girls", while British actress Naomi Harris is back as Miss Moneypenny. Picture: AFP Source: AFP

Other emails revealed Jennifer Lawrence was paid less than her mail co-stars for American Hustle.

The Daily Beast yesterday published emails showing Pascal called Leonardo DiCaprio "absolutely despicable" for deciding to drop out of the troubled Steve Jobs biopic Jobs.

Pascal and produce Scott Rudin were also forced to apologise for leaked emails showing them making racial jokes about US President Barack Obama's taste in movies, suggesting he should watch Django Unchained and 12 Years a Slave.

Boring badie? ... The studio also worried that Bond villain Heinrich Stockmann, played by Christoph Waltz, was not interesting enough. Picture: AFP Source: AFP

There's been speculation North Korea is behind the cyberattack in retaliation for the James Franco and Seth Rogen comedy The Interview, which depicts an assassination attempt on North Korean leader Kim Jong-un.

North Korea has condemned the film but denies the hack, which some believe may be an inside job. A group calling themselves Guardians of the Peace have claimed responsibility.

23.08 | 0 komentar | Read More
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