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AFL wanted ASADA to appear as 'the bad guys', court hears

Date

Adam Cooper and Jon Pierik

ASADA's national operations manager Trevor Burgess on Wednesday.

ASADA's national operations manager Trevor Burgess on Wednesday. Photo: Getty Images

A high-ranking federal government figure told a senior anti-doping official that the AFL wanted the Australian Sports Anti-Doping Authority to appear as "the bad guys" over penalties in the Essendon supplements scandal, a court has heard.

In another key development in the Federal Court on Wednesday, the trial between James Hird and Essendon and ASADA heard that a senior ASADA investigator told a Bombers player at the end of an interview last year that the anti-doping body was running a "joint investigation" with the AFL.

The senior investigator, John Nolan, also sent emails to colleagues confirming the probe between the two bodies was a "joint investigation", the court heard.

Later, the court heard that Richard Eccles, a then deputy secretary of one of the former Labor government's departments, told an ASADA official in June last year that the AFL planned to suspend Hird for a minimum six months and that other non-playing staff "will still go down".

The court heard ASADA national operations manager Trevor Burgess had written in his notes that the "AFL (was) keeping pressure on ASADA to be bad guys".

The notes also said the AFL had "all its ducks lined up", the court heard.

Mr Burgess told the court he had been given this information by Mr Eccles, who was then the deputy secretary of the Department of Regional Australia, Local Government, Arts and Sports. Mr Burgess said he thought Mr Eccles was getting his information from someone at the AFL, and that he had no reason to doubt it. The court heard Mr Burgess briefed ASADA's then chief executive, Aurora Andruska, with the information.

Mr Burgess said Mr Eccles was following ASADA's investigation into Essendon and spoke about providing the anti-doping body with additional resources to help speed up its probe. "He was telling us the AFL were looking to expedite these matters and he was telling us how ASADA could expedite these matters," Mr Burgess said.

Mr Burgess' revelations emerged on the third and final day of the trial in which Hird and Essendon argue ASADA, as an independent body, unlawfully ran a joint investigation with the AFL. ASADA maintains it was permitted to investigate with the AFL.

The court heard AFL integrity chief Brett Clothier spoke to an ASADA official in July last year requesting the interim report. "If you don't give us something, we're just going to have to sit down one weekend and do it ourselves," he said, according to a document read to the court.

The court has heard ASADA provided the AFL with an interim report before the start of August last year, on which the football league charged Essendon and its staff with bringing the game into disrepute. Hird was suspended for one year, Essendon was fined $2 million, expelled from last year's finals series and stripped of draft picks, then assistant coach Mark Thompson was fined $30,000 and the club's then football chief, Danny Corcoran, copped a six-month ban, suspended for three months.

Andruska told the court on Tuesday she never used the language "joint investigation" in describing the probe into Essendon. But ASADA investigator Aaron Walker told the court on Wednesday that Mr Nolan had used the term in the report that was prepared for the AFL, in emails and at the end of an interview with one of the Bombers players.

Mr Walker said he never used the term but never sought to correct his colleague. He said he maintained the AFL had also conducted its own investigation, separate to ASADA's.

The court heard ASADA investigators would regularly have AFL integrity unit investigator Abraham Haddad organise interview appearances for Essendon staff, and some players. Mr Walker described Mr Haddad as the "conduit" between the two bodies. He said the AFL Players Association also organised interview times. The court heard that on April 16 last year, when Hird was about to be interviewed, one of his lawyers told the interviewers of concerns that the probe was a joint one.

Mr Walker was asked if Mr Haddad had to be present in interviews so the AFL could compel players to attend. When directed to interview plans, Mr Walker said he thought there was a reference to "another club". He did not say whether the club was in the AFL or another sport. At one point Justice John Middleton told Neil Young, QC, representing Essendon, he could talk about a "joint investigation" until he was "red in the face", but that it was the judge's task to "work out what it means".

The court heard corporate auditor Deloittes was also involved in the investigation into Essendon, as it searched the club's email network for key phrases.

Closing submissions have begun and will continue on Wednesday afternoon.

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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
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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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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
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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
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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
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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
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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
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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
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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
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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
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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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