Essendon’s CAS appeal fails, with Swiss tribunal not even considering their case

It’s been revealed the Swiss tribunal which dismissed the Essendon 34’s appeal did not even ‘entertain’ their argument.

In a statement, the court determined that because the appeal was based on jurisdiction – it would not even be considered.

It said because the players did not challenge the Court of Arbitration for Sport’s right to hear the case in an earlier arbitration, it therefore forfeited the right to use jurisdiction as a basis for appeal.

The players have now been placed on WADA’s global register.

ASADA welcomed the decision.

‘You cannot agree to the rules and then expect them to change if you don’t like the outcome,’ ASADA CEO Ben McDevitt said.

But the Bombers remain defiant.

‘It is obviously disappointing for our players,’ Essendon chairman Lindsay Tanner said in a statement.

‘The club respected and supported the players decision to exercise the only legal right to appeal they had in this process. 

‘We maintain our view that the decision and penalty handed down by the Court of Arbitration for Sport was manifestly unfair on our players.’

The players have been serving their suspensions this year and will be able to start their official pre-season training when their respective teams return from their off-season.

The next chapter of the saga is now in the hands of the AFL Commission, which will determine whether Jobe Watson will keep his 2012 Brownlow Medal.

Watson recently made the decision to return to play on next year after spending his suspension time in New York.