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AFL chief medico Peter Harcourt may have breached Essendon drugs agreement, says lawyer

Chief AFL medical officer Dr Peter Harcourt.

Chief AFL medical officer Dr Peter Harcourt. Photo: Pat Scala

A lawyer who acted as a consultant to Essendon last season has claimed the fines and suspensions imposed on James Hird and the Bombers could be void because of comments made by the AFL's chief medical officer, Dr Peter Harcourt.

Martin Hardie, a lawyer and a lecturer at Deakin University, said the AFL and all parties sanctioned in the case last season had non-disparagement clauses as part of their settlements. This included the Bombers, Hird, Danny Corcoran and Mark Thompson.

Legal sources believe this clause may have been breached during a speech at the FIFA anti-doping conference in Zurich in November where Harcourt said it was "shocking to the extent at which experimental drugs were given to young athletes, and highlighted the craziness, or the madness, of certain individuals who were in the support staff who didn't come to grips to what they were doing''.

Hardie, who has attacked the manner in which the joint investigation between the Australian Sports Anti-Doping Authority and the AFL was handled, said Harcourt was in "clear breach" of one of the settlement's key points.

"I think it is quite possibly in breach of the non-disparagement clauses and it might be repudiation on the part of the AFL by the agreement, which means that the agreement is no longer in place," he said.

Essendon would not comment specifically on the non-disparagement clause on Thursday night but it's understood the club will consider investigating possible action.

Bombers chairman Paul Little has questioned whether new AFL chief Gillon McLachlan should sanction Harcourt.

"Dr Harcourt’s presentation raises many important questions including, whether or not he breached confidentiality? If he had the authority to make the presentation? And if not, what action will the AFL take?" he said.

As part of the club's sanctions for governance failures during its supplements program, the Bombers were fined $2 million, were banned from the finals last year and were banned from first- and second-round selections in the national draft last year and this season.

Hird was suspended with pay until August 25 this season, while Corcoran, the former football chief, was banned for six months, with two months suspended. Thompson was fined $30,000.

Any action against the penalties, however, would not make an impact on the 34 show-cause notices issued.

The AFL would not comment when contacted on Thursday.

In his speech, Harcourt feared "35-odd" players could eventually suffer from ''hormonal issues or cancers'' as a result of the injecting program run by sacked sports scientist Stephen Dank.

It emerged on Thursday that Harcourt had said this without any specific knowledge of what side-effects may or may not be felt by the players.

On their show-cause notices issued by ASADA, the players are alleged to have taken the banned peptide Thymosin beta-4.

Little said it was "regrettable" that Harcourt "chose to engage in irresponsible speculation about the health of our players at an international conference, without talking to the club and its players".

"Independent medical experts have provided information and feedback on the supplements issued to players, and given the club a high level of comfort regarding the short and long term health of our players," he said.

"Dr Harcourt also suggests our players ‘passively’ accepted the use of supplements. This statement is offensive - our players took considerable steps in this regard."

Little said players had insisted on consent forms. The players had insisted that club doctor Bruce Reid approve all supplements and that all supplements be WADA approved.

"In 2012 and 2013, we conducted comprehensive medical evaluations of our players and we continue to provide ongoing monitoring," he said.

AFL Players Association acting chief Ian Prendergast also defended the players against Harcourt's claims and criticised him for speculating on the players' health.

"We also believe Dr Harcourt’s comments with regards to potential health consequences are unhelpful and have the potential to create unnecessary stress and anxiety for players and their families," Prendergast said.fi

While Harcourt's comments have angered the Bombers, there is already much for them to consider, for they are due back in the Federal Court on Friday for a third directions hearing in front of Justice John Middleton. This hearing will decide whether the 34 players issued with show-cause notices will become a party as either a respondent or applicant to the case lodged against ASADA by Hird and Essendon and whether their anonymity can be protected.

Hird and the Bombers maintain the joint investigation conducted into the club's 2011-12 supplements program was unlawful as ASADA did not act as an independent body.

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AFL 2016

Round 1
Thu, 24 MarTimes shown AEDT
RIC vs CAR 19:20MCG
Sat, 26 MarTimes shown AEDT
MEL vs GWS 13:40MCG
GCF vs ESS 16:35MS
NTH vs ADE 19:25ES
SYD vs COL 19:25ANZ
Sun, 27 MarTimes shown AEDT
WBU vs FRE 13:10ES
PTA vs STK 15:20Adelaide Oval
WCE vs BRI 19:40Domain Stadium
Mon, 28 MarTimes shown AEDT
GEE vs HAW 15:20MCG
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Round 2
Fri, 01 AprTimes shown AEDT
COL vs RIC 19:50MCG
Sat, 02 AprTimes shown AEDT
ADE vs PTA 13:45Adelaide Oval
ESS vs MEL 14:10MCG
BRI vs NTH 16:35G
STK vs WBU 19:25ES
FRE vs GCF 19:40Domain Stadium
Sun, 03 AprTimes shown AEST
GWS vs GEE 13:10SO
HAW vs WCE 15:20MCG
CAR vs SYD 16:40ES
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Round 3
Fri, 08 AprTimes shown AEST
PTA vs ESS 19:50Adelaide Oval
Sat, 09 AprTimes shown AEST
STK vs COL 13:45MCG
RIC vs ADE 14:10ES
SYD vs GWS 16:35SCG
GCF vs CAR 19:25MS
WCE vs FRE 19:40Domain Stadium
Sun, 10 AprTimes shown AEST
NTH vs MEL 13:10BA
WBU vs HAW 15:20ES
GEE vs BRI 16:40SS
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Round 4
Fri, 15 AprTimes shown AEST
WCE vs RIC 20:10Domain Stadium
Sat, 16 AprTimes shown AEST
ESS vs GEE 13:45MCG
HAW vs STK 14:10AS
BRI vs GCF 16:35G
CAR vs WBU 19:25ES
ADE vs SYD 19:40Adelaide Oval
Sun, 17 AprTimes shown AEST
GWS vs PTA 13:10SO
COL vs MEL 15:20MCG
NTH vs FRE 16:40ES
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Round 5
Fri, 22 AprTimes shown AEST
HAW vs ADE 19:50MCG
Sat, 23 AprTimes shown AEST
SYD vs WCE 13:40SCG
GCF vs NTH 16:35MS
WBU vs BRI 19:25ES
PTA vs GEE 19:40Adelaide Oval
Sun, 24 AprTimes shown AEST
STK vs GWS 13:10ES
FRE vs CAR 16:10Domain Stadium
MEL vs RIC 19:10MCG
Mon, 25 AprTimes shown AEST
COL vs ESS 15:20MCG
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Round 6
Fri, 29 AprTimes shown AEST
NTH vs WBU 19:50ES
Sat, 30 AprTimes shown AEST
MEL vs STK 13:45ES
ADE vs FRE 14:10Adelaide Oval
GWS vs HAW 16:35Spotless Stadium
RIC vs PTA 19:25MCG
GEE vs GCF 19:25SS
Sun, 01 MayTimes shown AEST
BRI vs SYD 13:10G
CAR vs ESS 15:20MCG
WCE vs COL 16:40Domain Stadium
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Round 7
Fri, 06 MayTimes shown AEST
RIC vs HAW 19:50MCG
Sat, 07 MayTimes shown AEST
COL vs CAR 13:45MCG
GEE vs WCE 14:10SS
SYD vs ESS 16:35ANZ
GCF vs MEL 17:10MS
WBU vs ADE 19:40ES
FRE vs GWS 20:10Domain Stadium
Sun, 08 MayTimes shown AEST
STK vs NTH 15:20ES
PTA vs BRI 16:40Adelaide Oval
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Round 8
Fri, 13 MayTimes shown AEST
ADE vs GEE 19:50Adelaide Oval
Sat, 14 MayTimes shown AEST
ESS vs NTH 13:45ES
HAW vs FRE 14:10AS
GWS vs GCF 16:35Spotless Stadium
BRI vs COL 19:25G
RIC vs SYD 19:25MCG
Sun, 15 MayTimes shown AEST
CAR vs PTA 13:10ES
MEL vs WBU 15:20MCG
WCE vs STK 16:40Domain Stadium
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Round 9
Fri, 20 MayTimes shown AEST
HAW vs SYD 19:50MCG
Sat, 21 MayTimes shown AEST
COL vs GEE 13:45MCG
GCF vs ADE 14:10MS
PTA vs WCE 16:35Adelaide Oval
NTH vs CAR 19:25ES
FRE vs RIC 19:40Domain Stadium
Sun, 22 MayTimes shown AEST
MEL vs BRI 13:10MCG
GWS vs WBU 15:20Spotless Stadium
STK vs ESS 16:40ES
View All Fixtures
Round 10
Fri, 27 MayTimes shown AEST
SYD vs NTH 19:50SCG
Sat, 28 MayTimes shown AEST
BRI vs HAW 13:45G
MEL vs PTA 14:10TIO Traeger Park
STK vs FRE 16:35ES
ESS vs RIC 19:25MCG
ADE vs GWS 19:40Adelaide Oval
Sun, 29 MayTimes shown AEST
CAR vs GEE 13:10ES
COL vs WBU 15:20MCG
WCE vs GCF 16:40Domain Stadium
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Round 11
Fri, 03 JunTimes shown AEST
NTH vs RIC 19:50BA
Sat, 04 JunTimes shown AEST
HAW vs MEL 13:45MCG
CAR vs BRI 14:10ES
GEE vs GWS 16:35SS
GCF vs SYD 19:25MS
FRE vs ESS 19:40Domain Stadium
Sun, 05 JunTimes shown AEST
COL vs PTA 13:10MCG
WBU vs WCE 15:20ES
ADE vs STK 16:40Adelaide Oval
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Round 12
Fri, 10 JunTimes shown AEST
ESS vs HAW 19:50ES
Sat, 11 JunTimes shown AEST
PTA vs WBU 13:40Adelaide Oval
BRI vs FRE 16:35G
GEE vs NTH 19:25ES
WCE vs ADE 19:40Domain Stadium
Sun, 12 JunTimes shown AEST
STK vs CAR 13:10ES
RIC vs GCF 15:20MCG
GWS vs SYD 16:40Spotless Stadium
Mon, 13 JunTimes shown AEST
MEL vs COL 15:20MCG
View All Fixtures
Round 13
Fri, 17 JunTimes shown AEST
NTH vs HAW 19:50ES
Sat, 18 JunTimes shown AEST
BRI vs WCE 13:40G
FRE vs PTA 16:35Domain Stadium
WBU vs GEE 19:25ES
Sun, 19 JunTimes shown AEST
SYD vs MEL 13:10SCG
ESS vs GWS 16:40ES
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Round 14
Thu, 23 JunTimes shown AEST
ADE vs NTH 19:50Adelaide Oval
Fri, 24 JunTimes shown AEST
COL vs FRE 19:50MCG
Sat, 25 JunTimes shown AEST
RIC vs BRI 13:40MCG
GWS vs CAR 16:35Spotless Stadium
STK vs GEE 19:25ES
Sun, 26 JunTimes shown AEST
HAW vs GCF 15:20AS
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Round 15
Thu, 30 JunTimes shown AEST
WCE vs ESS 20:10Domain Stadium
Fri, 01 JulTimes shown AEST
PTA vs RIC 19:50Adelaide Oval
Sat, 02 JulTimes shown AEST
GCF vs STK 13:40MS
SYD vs WBU 16:35SCG
CAR vs COL 19:25MCG
Sun, 03 JulTimes shown AEST
MEL vs ADE 15:20MCG
View All Fixtures
Round 16
Thu, 07 JulTimes shown AEST
PTA vs HAW 19:50Adelaide Oval
Fri, 08 JulTimes shown AEST
GEE vs SYD 19:50SS
Sat, 09 JulTimes shown AEST
GWS vs COL 13:40Spotless Stadium
GCF vs BRI 16:35MS
WBU vs RIC 19:25ES
MEL vs FRE 19:40TIO
Sun, 10 JulTimes shown AEST
CAR vs ADE 13:10MCG
WCE vs NTH 15:20Domain Stadium
ESS vs STK 16:40ES
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Round 17
Thu, 14 JulTimes shown AEST
SYD vs HAW 19:20SCG
Fri, 15 JulTimes shown AEST
FRE vs GEE 20:10Domain Stadium
Sat, 16 JulTimes shown AEST
RIC vs ESS 13:40MCG
NTH vs PTA 16:35ES
WBU vs GCF 19:25CAZ
ADE vs COL 19:40Adelaide Oval
Sun, 17 JulTimes shown AEST
CAR vs WCE 13:10MCG
STK vs MEL 15:20ES
BRI vs GWS 16:40G
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Round 18
Fri, 22 JulTimes shown AEST
COL vs NTH 19:50ES
Sat, 23 JulTimes shown AEST
SYD vs CAR 13:45ANZ
GCF vs FRE 14:10MS
WCE vs MEL 16:35Domain Stadium
WBU vs STK 19:25ES
GEE vs ADE 19:25SS
Sun, 24 JulTimes shown AEST
ESS vs BRI 13:10ES
HAW vs RIC 15:20MCG
PTA vs GWS 16:40Adelaide Oval
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Round 19
Fri, 29 JulTimes shown AEST
GEE vs WBU 19:50SS
Sat, 30 JulTimes shown AEST
GWS vs RIC 13:45SO
HAW vs CAR 14:10AS
COL vs WCE 16:35MCG
BRI vs PTA 19:25G
NTH vs STK 19:25ES
Sun, 31 JulTimes shown AEST
MEL vs GCF 13:10MCG
FRE vs SYD 15:20Domain Stadium
ADE vs ESS 16:40Adelaide Oval
View All Fixtures
Round 20
Fri, 05 AugTimes shown AEST
RIC vs COL 19:50MCG
Sat, 06 AugTimes shown AEST
SYD vs PTA 13:45SCG
MEL vs HAW 14:10MCG
GCF vs GWS 16:35MS
WBU vs NTH 19:25ES
ADE vs BRI 19:40Adelaide Oval
Sun, 07 AugTimes shown AEST
CAR vs STK 13:10MCG
GEE vs ESS 15:20ES
FRE vs WCE 16:40Domain Stadium
View All Fixtures
Round 21
Fri, 12 AugTimes shown AEST
WBU vs COL 19:50ES
Sat, 13 AugTimes shown AEST
BRI vs CAR 13:45G
HAW vs NTH 14:10MCG
GWS vs WCE 16:35Spotless Stadium
STK vs SYD 19:25ES
PTA vs MEL 19:40Adelaide Oval
Sun, 14 AugTimes shown AEST
ESS vs GCF 13:10ES
RIC vs GEE 15:20MCG
FRE vs ADE 16:40Domain Stadium
View All Fixtures
Round 22
Fri, 19 AugTimes shown AEST
WCE vs HAW 20:10Domain Stadium
Sat, 20 AugTimes shown AEST
NTH vs SYD 13:45BA
RIC vs STK 14:10MCG
GWS vs FRE 16:35Spotless Stadium
COL vs GCF 19:25ES
PTA vs ADE 19:40Adelaide Oval
Sun, 21 AugTimes shown AEST
CAR vs MEL 13:10MCG
BRI vs GEE 15:20G
ESS vs WBU 16:40ES
View All Fixtures
Round 23
Sat, 27 AugTimes shown AEST
HAW vs COL 12:00MCG
STK vs BRI 12:00ES
ESS vs CAR 12:00MCG
GCF vs PTA 12:00MS
SYD vs RIC 12:00SCG
NTH vs GWS 12:00ES
GEE vs MEL 12:00SS
ADE vs WCE 12:30Adelaide Oval
FRE vs WBU 14:00Domain Stadium
View All Fixtures
AFL 2015
Overall standings
Team P W L D % Pts
Adelaide Crows 0 0 0 0 - 0
Brisbane Lions 0 0 0 0 - 0
Carlton 0 0 0 0 - 0
Collingwood 0 0 0 0 - 0
Essendon 0 0 0 0 - 0
Fremantle 0 0 0 0 - 0
Geelong Cats 0 0 0 0 - 0
Gold Coast Suns 0 0 0 0 - 0
View all
 

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