Warne Anti-Doping Committee hearing Q&A
Australian spin legend Shane Warne returned home from South Africa after it was revealed that he tested positive for a banned substance
Australian Cricket Board
12-Feb-2003
Australian spin legend Shane Warne returned home from South Africa after it was revealed that he tested positive for a banned substance. Warne has denied taking any performance-enhancing drugs, and the results of what is known as a "B sample" test are eagerly awaited the world over. A press release made available today answers some key questions surrounding this controversy.
Excerpts:
Warne Anti-Doping Committee hearing
Q&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.
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.
2. Does he receive payment while stood down?
He will receive all payments, pending the outcome of the hearing.
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.
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.
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.
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.
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.
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.
The most common brand name is Moduretic.
9. When is the ACB Ant-Doping Committee hearing?
This will be determined over the next few days.
This will be determined over the next few days.
12. 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.
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.
10. 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.
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.
11. What are the penalties?
Under clause 8.1 the following penalties will apply for at least two years:
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.
12. 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.
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.
13. Who hears the charge?
The ACB Anti-Doping Committee.
The ACB Anti-Doping Committee.
14. 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.
No. It is closed because of the sensitivities of the issues. ACB Code of Behaviour hearings are sometimes open.
15. Can Shane play for Victoria or St Kilda pending the outcome of the hearing?
This is still to be determined.
This is still to be determined.
16. 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.
If suspended he cannot play any cricket that is conducted under the jurisdiction of the ACB or Cricket Victoria.
17. If he is suspended, does it stop him playing Hampshire?
Yes.
Yes.
18. 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.
If required and subject to the approval to the ICC Event Technical Committee, which the ACB is confident in obtaining.
19. 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.
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.
20. If he is found not guilty, can he return to World Cup?
This will require the approval of the Event Technical Committee.
This will require the approval of the Event Technical Committee.
21. 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.
The player can come from outside the 30 and does not have to be a like-for-like player.
22. 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).
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).
23. Is the ACB Anti-Doping Policy available to media?
Yes. Visit www.baggygreen.com.au and look under Inside the ACB. Click on Playing Conditions.
Yes. Visit www.baggygreen.com.au and look under Inside the ACB. Click on Playing Conditions.