David Edwardson QC is leading the Adelaide Crows' defence in the Kurt Tippett salary-cap scandal. Picture: Greg Higgs. Source: The Advertiser
THE Adelaide Football Club has appointed four of South Australia's top barristers to defend it against allegations of AFL salary cap and draft breaches.
Legal silks Sam Doyle, Dick Whitington and Tom Duggan yesterday joined David Edwardson in the high-powered Crows camp as the club fights the biggest scandal in its 22-year history.
In an early sign of the legal team's strong influence, the Crows were last night cleared to participate in next Thursday's AFL national draft after the league adjourned Monday's commission hearing into the Kurt Tippett saga.
It is not yet clear which lawyers will represent which officials.
No date has been set for the new hearing, at which the Crows, club officials and Tippett are set to face allegations of draft tampering and breaches of player payment rules.
However, it is expected to be held in Melbourne next month.
The postponement came after the hiring of the new lawyers, who will separately represent the club, chief executive Steven Trigg, football operations manager Phil Harper and former football manager John Reid.
All four of the barristers representing Adelaide and its officials are QCs (Queens Counsel) or the modern-day equivalent, SC (Senior Counsel).
Four lawyers of this status would be costing the club upwards of $14,000 a day.
A source close to the Crows said the club had vowed to do everything it could to fight the charges, that it was seething at being tainted as a salary cap cheat for what it considered, if anything, "bottom-end, technical" offences.
Club officials are angry that some information has been reported by the media before the club has been advised by the AFL.
An emotional Crows chairman Rob Chapman has been told by the club's lawyers to hold his strong public comments until after the commission hearing.
"He is really keen to respond, he wants to say his piece and give the public all the facts, but he has resolved to follow the due process," the source said.
"At the moment the club's hands are tied as a result of its necessary and ethical commitment to the process of natural justice. But the board will fight all the way for a fair resolution."
Perth-based player manager Colin Young yesterday was forced to defend Nathan van Berlo's contract after the Adelaide captain became the latest Crow accused of benefiting from unapproved third-party agreements.
A furious Young described the allegations as "a load of rubbish". "It's ridiculous, there are no problems at all with his contract."
Unlike Tippett and several Crows administrators, van Berlo has not been charged by the AFL. It is understood AFL investigators contacted the club on Thursday night seeking information about van Berlo.
Adelaide's legal representation has brought together some of the city's most senior barristers.
Mr Whitington, QC, is one of the most respected legal minds in the state. Earlier this year, he was considered by many a frontrunner to replace retiring Supreme Court Chief Justice John Doyle.
Mr Edwardson, QC, is a prominent criminal barrister whose clients have included WA lawyer Lloyd Rayney - who was acquitted of killing his wife - and Richard Phillips, who hit former Premier Mike Rann with a rolled-up magazine.
The Crows have also chosen the sons of two Supreme Court justices to represent them. Mr Doyle is the son of the former Chief Justice while Mr Duggan's father is retired Justice Kevin Duggan.
The controversy which has engulfed Adelaide largely revolves around the use of Additional Service Agreements (ASAs) and independent agreements to players, including Tippett.
Each AFL club has $600,000 in ASAs in its salary cap to distribute among players while independent agreements can be made between the player, his manager and businesses. Clubs must not be involved in independent agreements.
ASAs must be ticked off by the AFL. It is understood the Crows believe their dealings are above board.
SALARY CAP SCANDAL Q&A
Q: WILL ANYBODY LOSE THEIR JOB?
A. Many are calling for Adelaide chief executive Steven Trigg to be fired and it has been whispered by some close to the club that it is the only solution.
From a sober perspective, it is not necessarily so. Most of Trigg's and football operations manager Phil Harper's fates will be determined by the outcome of the findings.
The Crows will argue strongly that their rule breaches are technical rather than sinister and are confident they remain under the salary cap.
Their argument is likely to be that their breach of the third-party deal, which says clubs can have no involvement in them, is more often than not prompted by outside parties, who come to the club to assist them to set up the deal.
Q: WHAT IS A THIRD-PARTY DEAL?
A. This is a complicated area, and it is part of why there is confusion not only among the public, but in the football industry.
Players can have Additional Services Agreements, where they promote clubs or club sponsors and those are capped at around $600,000 per year.
Examples would be the captain making appearances and advertisements as the faces of membership drives, or the captain becoming the face of the main sponsor. Players can also have jobs outside football, independent or third-party deals, which have nothing to do with the club.
It could be a player making TV ads for lawnmowers, pubs or agreeing to model clothes. Whether the company is a sponsor makes a difference. Clubs are not meant to be part of these deals, either by setting them up or helping them run.
Then there is the issue few have their heads around.
If a club wants a player, say Chris Judd from Carlton, to be the figurehead of the main sponsor, it will be counted inside the ASA, which is capped. If it has nothing to do with the club, it is just a private arrangement and will not be counted in the total player payments, which is in effect the salary cap and the ASA cap.
The AFL ruled last month that Judd's contract with Visy had to be included in the total player payments, meaning it is linked to the club. Judd signed with Carlton when Visy's Richard Pratt was the president of Carlton.
Q: WHAT ARE THE EXPECTED PENALTIES?
A. Adelaide has conceded it has breached the rules - although not in a sinister way - and expects to be sanctioned. The level of punishment will be at the discretion of the AFL Commission - and the scope is a wide window.
The Crows could be kept out of the draft for as long as four years, Tippett could be sanctioned, officials could be suspended and fines could be handed out.
There is some speculation that Adelaide could be kept out of the draft for two years, Tippett could be deregistered for six to eight weeks and the club fined.
Q: WHAT WAS THE ORIGINAL PROBLEM?
A. It is twofold. One, it will be alleged the Crows guaranteed Tippett would have third-party deals outside of his playing wage, which means the club is immediately culpable. Second, when it comes to draft tampering, it will be alleged he had been told he would be helped to go to the club of his choice. This was in writing, and it allegedly nominated the price the next club would be asked to trade for him - a minimum second-round draft choice. This would compromise the draft.
There are other complications. Tippett had signed an agreement that he thought was binding, and his lawyer, David Galbally, QC, will argue this in a strong manner.
Q: WHAT COULD LONG-TERM DAMAGE BE?
A. Carlton, the last club caught up in salary-cap headlines, was hit by a fine of about $1 million and the loss of draft picks for years.
It is difficult to weigh what constituted the greatest damage, but the loss of draft picks was what made it take so long for the powerful club to rise again.
For the Crows, a fine will be absorbed but hurt. A loss of draft picks is likely to be a delayed penalty.
At present the Crows have a good list, one that is challenging for the finals at least, the premiership at best. But severe draft restrictions have the potential to seriously dent the next wave of players, and leave the club to struggle mid-table once the group runs out of steam.
Q: WHAT IS VAN BERLO'S DEAL?
A. Captain Nathan van Berlo's manager, Colin Young, was furious when he was named in media reports.
Van Berlo, like Tippett, is believed to have an independent agreement. It is understood there are about six independent agreements with Crows players, four of which were with Tippett. It is understood the club believes these have been signed off by the AFL and any questions relate to their administration, particularly whether the club has been involved when it should not be.
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