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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 2015

Round 1
Thu, 02 AprTimes shown AEDT
CAR 78vs RIC 105 Report Stats
Sat, 04 AprTimes shown AEDT
MEL 115vs GCF 89 Stats
SYD 72vs ESS 60 Stats
BRI 74vs COL 86 Stats
WBU 97vs WCE 87 Stats
Sun, 05 AprTimes shown AEST
STK 78vs GWS 87 Stats
ADE 140vs NTH 63 Stats
FRE 75vs PTA 68 Stats
Mon, 06 AprTimes shown AEST
HAW 123vs GEE 61 Stats
View All Fixtures
Round 2
Fri, 10 AprTimes shown AEST
WCE 131vs CAR 62 Stats
Sat, 11 AprTimes shown AEST
RIC 66vs WBU 85 Report Stats
GWS 101vs MEL 56 Stats
COL 63vs ADE 90 Report Stats
GCF 76vs STK 104 Stats
PTA 44vs SYD 92 Stats
Sun, 12 AprTimes shown AEST
GEE 60vs FRE 104 Stats
ESS 78vs HAW 76 Stats
NTH 133vs BRI 51 Stats
View All Fixtures
Round 3
Fri, 17 AprTimes shown AEST
COL 140vs STK 66 Stats
Sat, 18 AprTimes shown AEST
CAR 84vs ESS 105 Stats
ADE 80vs MEL 55 Stats
SYD 111vs GWS 90 Report Stats
NTH 105vs PTA 113 Stats
BRI 58vs RIC 137 Stats
Sun, 19 AprTimes shown AEST
HAW 127vs WBU 57 Stats
GEE 105vs GCF 96 Stats
WCE 81vs FRE 111 Stats
View All Fixtures
Round 4
Fri, 24 AprTimes shown AEST
RIC 51vs MEL 83 Stats
Sat, 25 AprTimes shown AEST
STK 81vs CAR 121 Report Report Stats
ESS 49vs COL 69 Report Stats
GWS 119vs GCF 53 Stats
PTA 99vs HAW 91 Stats
FRE 74vs SYD 60 Stats
Sun, 26 AprTimes shown AEST
BRI 65vs WCE 118 Stats
GEE 67vs NTH 83 Stats
WBU 125vs ADE 68 Stats
View All Fixtures
Round 5
Fri, 01 MayTimes shown AEST
CAR 45vs COL 120 Stats
Sat, 02 MayTimes shown AEST
RIC 76vs GEE 85 Stats
SYD 73vs WBU 77 Stats
GCF 118vs BRI 54 Stats
NTH 70vs HAW 130 Stats
WCE 120vs GWS 33 Stats
Sun, 03 MayTimes shown AEST
MEL 50vs FRE 118 Stats
STK 80vs ESS 82 Stats
ADE 91vs PTA 115 Stats
View All Fixtures
Round 6
Fri, 08 MayTimes shown AEST
COL 59vs GEE 100 Stats
Sat, 09 MayTimes shown AEST
NTH 109vs RIC 74 Stats
WBU 87vs STK 94 Stats
GWS 108vs HAW 98 Stats
GCF 78vs ADE 119 Stats
MEL 50vs SYD 88 Stats
FRE 80vs ESS 52 Stats
Sun, 10 MayTimes shown AEST
CAR 75vs BRI 84 Report Stats
PTA 68vs WCE 78 Stats
View All Fixtures
Round 7
Fri, 15 MayTimes shown AEST
ESS 82vs NTH 93 Stats
Sat, 16 MayTimes shown AEST
ADE 119vs STK 73 Stats
HAW 155vs MEL 50 Stats
CAR 57vs GWS 135 Stats
SYD 120vs GEE 77 Stats
WCE 135vs GCF 43 Stats
Sun, 17 MayTimes shown AEST
WBU 88vs FRE 101 Stats
RIC 105vs COL 100 Stats
BRI 102vs PTA 65 Report Stats
View All Fixtures
Round 8
Fri, 22 MayTimes shown AEST
GEE 140vs CAR 63 Report Stats
Sat, 23 MayTimes shown AEST
STK 78vs WCE 131 Report Stats
GWS 108vs ADE 84 Report Stats
GCF 63vs COL 132 Report Stats
HAW 69vs SYD 73 Report Stats
FRE 115vs NTH 42 Report Stats
Sun, 24 MayTimes shown AEST
ESS 136vs BRI 78 Report Stats
MEL 103vs WBU 64 Report Stats
PTA 43vs RIC 76 Report Stats
View All Fixtures
Round 9
Fri, 29 MayTimes shown AEST
SYD 122vs CAR 62 Report Stats
Sat, 30 MayTimes shown AEST
HAW 93vs GCF 40 Report Stats
MEL 54vs PTA 115 Report Stats
WBU 113vs GWS 68 Report Stats
RIC 72vs ESS 59 Report Stats
ADE 57vs FRE 68 Report Stats
Sun, 31 MayTimes shown AEST
BRI 86vs STK 108 Report Stats
COL 112vs NTH 95 Report Stats
WCE 120vs GEE 64 Report Stats
View All Fixtures
Round 10
Fri, 05 JunTimes shown AEST
FRE 70vs RIC 97 Report Stats
Sat, 06 JunTimes shown AEST
CAR 90vs ADE 99 Report Stats
GCF 41vs SYD 93 Report Stats
ESS 53vs GEE 122 Report Stats
PTA 100vs WBU 62 Report Stats
Sun, 07 JunTimes shown AEST
GWS 97vs BRI 67 Report Stats
NTH 85vs WCE 75 Report Stats
STK 69vs HAW 132 Report Stats
Mon, 08 JunTimes shown AEST
MEL 85vs COL 110 Report Stats
View All Fixtures
Round 11
Fri, 12 JunTimes shown AEST
PTA 69vs GEE 92 Report Stats
Sat, 13 JunTimes shown AEST
GCF 46vs FRE 53 Report Stats
WCE 96vs ESS 46 Report Stats
NTH 75vs SYD 91 Report Report Stats
Sun, 14 JunTimes shown AEST
COL 119vs GWS 77 Report Stats
STK 85vs MEL 83 Report Stats
View All Fixtures
Round 12
Thu, 18 JunTimes shown AEST
ADE 85vs HAW 114 Report Stats
Fri, 19 JunTimes shown AEST
RIC 70vs WCE 90 Report Stats
Sat, 20 JunTimes shown AEST
CAR 110vs PTA 106 Report Stats
GWS 61vs NTH 117 Report Stats
WBU 146vs BRI 74 Report Stats
Sun, 21 JunTimes shown AEST
GEE 89vs MEL 113 Report Stats
View All Fixtures
Round 13
Thu, 25 JunTimes shown AEST
FRE 80vs COL 73 Report Stats
Fri, 26 JunTimes shown AEST
SYD 77vs RIC 95 Report Stats
Sat, 27 JunTimes shown AEST
HAW 114vs ESS 76 Report Stats
BRI 69vs ADE 82 Report Stats
STK 56vs WBU 62 Report Stats
Sun, 28 JunTimes shown AEST
CAR 103vs GCF 69 Report Stats
View All Fixtures
Round 14
Thu, 02 JulTimes shown AEST
SYD 94vs PTA 84 Report Stats
Fri, 03 JulTimes shown AEST
COL 91vs HAW 101 Report Stats
Sat, 04 JulTimes shown AEST
RIC 78vs GWS 69 Report Stats
GCF 125vs NTH 70 Report Stats
WBU 64vs CAR 53 Report Stats
MEL 60vs WCE 114 Report Stats
Sun, 05 JulTimes shown AEST
ESS 52vs STK 162 Stats
ADE vs GEE 15:20Adelaide Oval
FRE 84vs BRI 48 Report Stats
View All Fixtures
Round 15
Thu, 09 JulTimes shown AEST
PTA 66vs COL 63 Report Stats
Fri, 10 JulTimes shown AEST
RIC 71vs CAR 41 Report Stats
Sat, 11 JulTimes shown AEST
ESS 69vs MEL 60 Report Stats
WBU 95vs GCF 73 Report Stats
NTH 120vs GEE 79 Report Stats
WCE 147vs ADE 91 Report Stats
Sun, 12 JulTimes shown AEST
GWS 84vs STK 49 Report Stats
HAW 115vs FRE 43 Report Stats
BRI 49vs SYD 70 Report Stats
View All Fixtures
Round 16
Fri, 17 JulTimes shown AEST
NTH 93vs ESS 68 Report Stats
Sat, 18 JulTimes shown AEST
GEE 72vs WBU 64 Report Stats
GCF 79vs GWS 94 Report Stats
COL 56vs WCE 87 Report Stats
SYD 57vs HAW 146 Report Stats
FRE 95vs CAR 53 Report Stats
Sun, 19 JulTimes shown AEST
MEL 60vs BRI 36 Report Stats
PTA 113vs ADE 116 Report Stats
STK 73vs RIC 89 Report Stats
View All Fixtures
Round 17
Fri, 24 JulTimes shown AEST
CAR 35vs HAW 173 Report Stats
Sat, 25 JulTimes shown AEST
GWS 42vs GEE 69 Stats
ADE 125vs GCF 80 Stats
RIC 78vs FRE 82 Stats
ESS 116vs PTA 129 Stats
BRI 38vs NTH 110 Report Stats
Sun, 26 JulTimes shown AEST
WBU 104vs COL 86 Report Stats
MEL 46vs STK 83 Report Stats
WCE 103vs SYD 51 Report Stats
View All Fixtures
Round 18
Fri, 31 JulTimes shown AEST
HAW 53vs RIC 71 Report Stats
Sat, 01 AugTimes shown AEST
GEE 113vs BRI 57 Stats
COL 54vs MEL 91 Report Stats
SYD 117vs ADE 65 Report Stats
CAR 54vs NTH 118 Report Stats
GCF 83vs WCE 83 Report Stats
Sun, 02 AugTimes shown AEST
PTA 112vs STK 49 Report Stats
ESS 40vs WBU 127 Report Stats
FRE 84vs GWS 63 Report Stats
View All Fixtures
Round 19
Fri, 07 AugTimes shown AEST
ADE 88vs RIC 52 Report Stats
Sat, 08 AugTimes shown AEST
COL 105vs CAR 87 Report Stats
WBU 128vs PTA 64 Report Stats
BRI 100vs GCF 114 Report Stats
GEE 95vs SYD 63 Report Stats
WCE 74vs HAW 88 Report Stats
Sun, 09 AugTimes shown AEST
MEL 92vs NTH 127 Report Stats
GWS 93vs ESS 61 Report Stats
STK 59vs FRE 96 Report Stats
View All Fixtures
Round 20
Fri, 14 AugTimes shown AEST
SYD 87vs COL 76 Report Stats
Sat, 15 AugTimes shown AEST
ESS 59vs ADE 171 Report Stats
NTH 120vs STK 83 Report Stats
PTA 111vs GWS 90 Report Stats
GEE 85vs HAW 121 Report Stats
BRI 131vs CAR 67 Report Stats
Sun, 16 AugTimes shown AEST
RIC 138vs GCF 55 Report Stats
WBU 153vs MEL 55 Report Stats
FRE 80vs WCE 104 Report Stats
View All Fixtures
Round 21
Fri, 21 AugTimes shown AEST
HAW 86vs PTA 108 Report Stats
Sat, 22 AugTimes shown AEST
COL 56vs RIC 147 Report Stats
GWS 44vs SYD 133 Report Stats
GCF 97vs ESS 95 Report Stats
STK 97vs GEE 97 Report Stats
ADE 131vs BRI 44 Report Stats
Sun, 23 AugTimes shown AEST
NTH 94vs FRE 83 Report Stats
CAR 78vs MEL 55 Report Stats
WCE 162vs WBU 85 Report Stats
View All Fixtures
Round 22
Fri, 28 AugTimes shown AEST
GEE 62vs COL 110 Report Stats
Sat, 29 AugTimes shown AEST
GWS 132vs CAR 51 Report Stats
HAW 134vs BRI 62 Report Stats
NTH 73vs WBU 96 Report Stats
ESS 47vs RIC 74 Report Stats
GCF 51vs PTA 88 Report Stats
Sun, 30 AugTimes shown AEST
ADE 126vs WCE 69 Report Stats
STK 27vs SYD 66 LIVE Stats
FRE ($1.08)vs MEL ($8.50) 16:40Domain Stadium
View All Fixtures
Round 23
Fri, 04 SepTimes shown AEST
RIC vs NTH 19:50ES
Sat, 05 SepTimes shown AEST
GEE vs ADE 13:05SS
BRI ($4.60)vs WBU ($1.18) 13:45G
PTA vs FRE 15:50Adelaide Oval
HAW ($1.01)vs CAR ($15.00) 16:40MCG
SYD vs GCF 19:20SCG
WCE vs STK 19:40Domain Stadium
Sun, 06 SepTimes shown AEST
MEL vs GWS 13:10ES
COL vs ESS 15:20MCG
View All Fixtures
AFL 2015
Overall standings
Team P W L D % Pts
Fremantle 20 16 4 0 122.19 64
West Coast Eagles 21 15 5 1 143.00 62
Hawthorn 21 15 6 0 156.77 60
Richmond 21 14 7 0 121.39 56
Sydney Swans 20 14 6 0 118.16 56
Western Bulldogs 21 14 7 0 116.76 56
Adelaide Crows 20 13 7 0 119.10 54
North Melbourne 21 13 8 0 109.08 52
View all
 

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