Scott MacDougall says ASADA has an obligation to act soon

The incident referred to happened more than a decade ago but, despite what he has done before or since, it is what MacDougall is most remembered for. Not for his legal career or being a member of the famous MacDougall league clan that includes NSW and Australian centre Adam, fellow siblings Ben and Luke or his father, former Tigers and Magpies three-quarter Gil. But as the bloke who jumped the fence and into his car to flee officials of the Australian Sports Drug Agency, as the body was known then, after a first-division match for the North Sydney Bears in Canberra.

That was how the story was widely reported in July 2002. MacDougall hasn't spoken publicly about the incident, which effectively ended his playing career, until now. But given his legal and public-relations backgrounds, coupled with his experience with the anti-doping body, few are better placed to provide a perspective on the ongoing Australian Sports Anti-Doping Authority investigations which, a year after they were first made public, are still far from completed.

''Every afternoon I would make the long commute to the central coast for training,'' said MacDougall, who was studying a medical-science degree at the University of NSW at the time, of that fateful day.

''I was not named in the squad for the team that travelled to Canberra to play the Raiders. I received an SOS as a number of injuries had decimated our squad. Of my own initiative I drove to Canberra with my girlfriend Angela King.

''Once I received notice of the test verbally I offered to return to the ground but I was told that the test I had been selected for would take place that evening in Sydney. The test was taken the next morning as they were short-staffed. Unfortunately, a story was written the next day in the Sunday papers that did not paint me in a favourable light.''

The headlines weren't the only thing MacDougall woke up to. There was also a drugs test. ''The fact that I passed the test hardly rated a mention,'' he said. He was hopeful of a robust defence at a tribunal, which was presided over by former Chief Justice of the Supreme Court of NSW Sir Laurence Street.

What happened next irked MacDougall most. It wasn't the 12-game ban or even how the story found its way into the public domain. But that his accusers didn't front up.

''When the matter came before the tribunal, ASDA declined the opportunity to present evidence to substantiate their allegation,'' MacDougall said.

''The NSWRL was left in an invidious position in that they had to be seen to be doing something, however, ASDA's non-appearance meant they had no case. Therefore I was suspended for time already served [12 weeks]. With the benefit of hindsight it may as well have been 12 years. It robbed me of my livelihood, my dreams and aspirations. I went through a long period of depression as I struggled to shake off the stigma of those events. I was a 20-year-old boy and rugby league was all I knew. Thanks to the support of my family I was able to bounce back. Part of me felt a sense of injustice, which was one of the reasons that I chose to study law. When I was admitted it was a sad day of sorts, as my father, who had been so supportive of me over the years, was with God, having passed away a short time before.''

News of the incident followed MacDougall overseas and he struggled to find a club upon his return. Years later he impressed in a trial for the Dragons and was made a member of the squad. But another injury, this time a knee reconstruction, proved to be a career-ending one. Despite all his promise, he never played a single NRL game.

The ''darkest day in Australian sport'' has been a black cloud over athletes for a year. MacDougall's experience with ASDA happened almost 12 years ago, but he can see parallels emerging in the way the cases are treated.

''Firstly, and I can't stress this enough, ASADA has an essential role to play in Australian sport,'' he said.

''They help ensure the integrity of sport and one needs to be careful if they are to criticise the organisation, as their job is a difficult one.

''However, if ASADA are to be given new enforcement powers - whether they be the ability to compel individuals to give evidence or conduct investigations in conjunction with other law-enforcement agencies - they need to be subject to the rules of law and evidence that other government agencies are subject to.

''This includes, affording individuals procedural fairness. That is, if they have evidence that incriminates an individual, that individual should have the opportunity to be made aware of what that evidence is and whether or not that evidence is to form the basis of a charge.

''Most importantly, there needs to be finality. We cannot have a situation where years pass only to hear ASADA say that their investigation is 'ongoing'. Clubs cannot function, sell sponsorship, and manage their affairs with dark clouds hanging over their teams.

''Lastly, people need to also understand that in some ways we owe these young men a duty of care. We should not feed them to the lions merely to satisfy public opinion.

''I've been there, people don't see the dark days, nights and years that young men go though when they're forced to face the reality that their careers are over.

''Looking back, I remember thinking to myself: 'Scott, your life is never going to be the same.' Lucky for me it's better. But my heart breaks for those who are not so fortunate.''