James Hird’s father Allan calls for a proper judicial review of ASADA and WADA’s handling of the Essendon drug saga

As the Chinese swimming scandal rolls on, it’s time for a proper judicial review established by the government of ASADA’s and WADA’s handling of the Essendon drug saga, writes ALLAN HIRD.

The World Anti-Doping Agency has finally set up an inquiry into how 23 Chinese swimmers who tested positive to a banned drug were allowed to compete at the Tokyo Olympics.

And David Sharpe, the Sport Integrity Australia chief executive, has decided he had better have his two bobs worth.

Supporting the inquiry, Mr Sharpe had this to say in his April 25 media release:

“Athletes in Australia and around the world need to have trust in the global anti-doping system and have confidence that all competitions are fair and that all athletes are treated fairly.” 

Fine words, and I bet Shayna Jack and Peter Bol would have appreciated it if SIA had adopted that same philosophy before wrongfully convicting them.

But subsequently being cleared after their athletic careers were unfairly interrupted was too little too late.

Is Mr Sharpe critical of WADA? No, the best he could do is call for a clarification.

“While not alleging any wrongdoing, Mr Sharpe has called for clarification of facts in the handling of these matters to restore faith in the global anti-doping system,” the media release stated. 

Allan Hird Jr, James Hird and Allan Hird Sr at Windy Hill.

Clarify what exactly? We know the 23 Chinese swimmers tested positive. We know the Chinese equivalent of SIA – CHINADA – said that’s OK because each and every one of the 23 had their food contaminated. And we know WADA said OK, nothing to see here, off you go to Tokyo.

How does Mr Sharpe expect WADA to provide any clarity around the murky situation of athletes testing positive to a banned substance and then being cleared?

WADA has appointed a Swiss prosecutor to go through its files to see if it has done anything wrong. WADA claims he is “independent”, but how can we know. How can a search through some files be sufficient to get to the truth?

Mr Sharpe concludes his media release with this: ”We need to remember not all athletes have legal training and understand the intricacies of the World Anti-Doping Code so it is important to break this down in clear, concise facts to ensure confidence in the world anti-doping system can be restored”.

Jobe Watson and teammates from the Essendon drugs saga. Picture: Getty Images

How very true. And nothing makes this more true than the case of the 34 Essendon footballers relentlessly pursued by both ASADA – SIA’s predecessor – and WADA.

Never forget, none of the players ever tested positive to a banned substance. And never forget, an independent tribunal said ASADA’s case against them lacked an evidentiary basis.

But let’s get back to Mr Sharpe’s acknowledgment that not all athletes have legal training and understand the intricacies of the World Anti-Doping Code.

That certainly applied to the Essendon footballers.

But even if they had been well-versed in the World Anti-Doping Code, it would not have helped. Simply because they were charged with taking thymosin beta-4 in 2012 and WADA only got around to listing TB4 in the code in 2018.

Surely it is time for an independent review of ASADA’s and WADA’s pursuit of the 34 Essendon players. And not one set up by SIA or WADA, but a proper judicial review established by the government.

Allan Hird is James Hird’s father.

Originally published as James Hird’s father Allan calls for a proper judicial review of ASADA and WADA’s handling of the Essendon drug saga