JavaScript disabled. Please enable JavaScript to use My News, My Clippings, My Comments and user settings.

If you have trouble accessing our login form below, you can go to our login page.

If you have trouble accessing our login form below, you can go to our login page.



ASADA gathered evidence after its joint investigation

The Australian Sports Anti-Doping Authority's case to issue show-cause notices to 34 current and former Essendon players gained significant momentum after its investigation with the AFL was completed, documents released by the Federal Court indicate.

Affidavits of suspended Essendon coach James Hird, former ASADA chief Aurora Andruska and ASADA investigator Aaron Walker were publicly disclosed on Thursday, the trio having appeared in the witness stand during this week's trial brought by Hird and Essendon against the anti-doping body.

In her cover letter to former AFL chief Andrew Demetriou on August 2 last year, in which ASADA's controversial interim report was included, Andruska wrote that there there was "strong circumstantial evidence" that Essendon's players had been given the banned drug Thymosin beta-4 as part of its 2011-12 supplements program but "at this stage, it does not consider it has sufficient evidence to establish to the comfortable satisfaction of a hearing panel that specific players were in fact administered Thymosin Beta-4. ASADA's investigation into these matters is continuing".

However, she added: "The evidence so far suggests that the defence of no fault, no negligence is unlikely to be able to be established by any player."

Andruska's affidavit also highlights the anger ASADA had over the AFL using the interim report to take action against Essendon and for passing on what the anti-doping body thought was a confidential report to the AFL Players Association.

It took until June this year for ASADA to issue show-cause notices to the Essendon players, suggesting the anti-doping body based its stance on more than just the interviews it conducted with the players and support staff and Hird last year.

Hird and the Bombers want Justice John Middleton to rule the investigation conducted by ASADA and the AFL as unlawful, and do not want ASADA to be allowed to re-use the information it gleaned while working with the AFL.

It took another 10 months for ASADA to issue show-cause notices, suggesting it gathered more independent evidence after that.

ASADA counsel Tom Howe, QC, has contended the anti-doping body could yet re-use information taken from the joint investigation – primarily the transcripts of interviews – within 24 hours, even if Justice Middleton rules the joint investigation was illegal. 

Among hundreds of pages released, Hird’s affidavit – through the AFL charge sheet used to suspend him for 12 months for bringing the game into disrepute – reveals the side effects he had from self-injecting the tanning drug Melanotan II in 2012. He allegedly had been given the drug by former Essendon fitness chief Dean Robinson. ‘‘In about October 2011, Hird received, on club premises, vials of Melanotan II and syringes from club high performance coach Dean Robinson,’’ the charge sheet states.

‘‘Robinson instructed Hird how to self-administer injections of Melanotan II. Hird was aware that Robinson asked Hird no questions about his medical history prior to providing Hird with the Melanotan II and gave no advice to any potential adverse reactions to the substance.

‘‘Hird made no adequate inquiries as to the substance he was being advised to inject himself with.

‘‘Following his self-administration of injections of Melanotan II, Hird suffered significant side effects. It made him very sensitive to the sun, he developed a pronounced tan, and moles on his body started to change colour. Hird was very worried about the significant side effects.’’

These side effects were not disclosed on a redacted version of the charge sheet distributed in August last year.

Hird’s affidavit also highlights his argument that the AFL and ASADA investigation was conducted jointly – a point he and Essendon claim was unlawful as ASADA is an independent body.  The two parties argue that should Justice Middleton rule the investigation illegal, it should mean the 34 show-cause notices issued to players should be abandoned.

Andruska’s hand-written notes also reveal the confusion over the anti-obesity drug AOD-9604. 

In a meeting with then AFL deputy chief Gillon McLachlan and former Essendon chairman David Evans on June 6 last year, she scribbled ‘‘complexity, eg AOD-9604, won’t happen’’.

This suggested ASADA even knew then it would be difficult to prosecute any case involving AOD-9604, as its status with the World Anti-Doping Agency was not clear.  That clarity would only come this year. In the cover letter of the interim report given to Demetriou, Andruska said ASADA would take steps ‘‘about its proposed approach’’ to AOD-9604.

Hird’s affidavit also includes the letter Essendon club doctor Bruce Reid sent to Hird and former football manager Paul Hamilton in January 2012, expressing concerns about the use of AOD-9604. 

He said he thought the Bombers ‘‘were playing at the edge and this will read extremely badly in the press for our club and for the benefits and also the side effects which are not known in the long term’’.

‘‘I am very frustrated by this and now feel I am letting the club down by not automatically approving of these things,’’ Reid said.

In a text to former football department chief Danny Corcoran, Hird wrote: ‘‘Reidy has stopped everything which is getting a little frustrating.’’ In a later text message, Hird said: ‘‘Understand about the injecting but don’t want to push the boundaries. Just need to make sure we are doing everything we can within the rules. As the other clubs are a long way ahead of Reidy and us.’’

PDF: Aurora Andruska’s affidavit
PDF: Aaron Walker's affidavit
PDF: James Hird affidavit - Part 1
PDF: James Hird affidavit - Part 2

Related Coverage

AFL 2015

Round 1
Thu, 02 AprTimes shown AEDT
CAR 78 vs RIC 105 19:20MCG
Sat, 04 AprTimes shown AEDT
MEL 115 vs GCF 89 13:40MCG
SYD 72 vs ESS 60 16:35ANZ
BRI 74 vs COL 86 19:20G
WBU 97 vs WCE 87 19:20ES
Sun, 05 AprTimes shown AEST
STK 78 vs GWS 87 13:10ES
ADE 140 vs NTH 63 15:20Adelaide Oval
FRE 75 vs PTA 68 18:40Domain Stadium
Mon, 06 AprTimes shown AEST
HAW 123 vs GEE 61 15:20MCG
View All Fixtures
Round 2
Fri, 10 AprTimes shown AEST
WCE 131 vs CAR 62 20:10Domain Stadium
Sat, 11 AprTimes shown AEST
RIC 66 vs WBU 85 13:45MCG
GWS 101 vs MEL 56 14:10SO
COL 63 vs ADE 90 16:35ES
GCF 76 vs STK 104 19:20MS
PTA 44 vs SYD 92 19:40Adelaide Oval
Sun, 12 AprTimes shown AEST
GEE 60 vs FRE 104 13:10SS
ESS 78 vs HAW 76 15:20MCG
NTH 133 vs BRI 51 16:40ES
View All Fixtures
Round 3
Fri, 17 AprTimes shown AEST
COL 140 vs STK 66 19:50MCG
Sat, 18 AprTimes shown AEST
CAR 84 vs ESS 105 13:45MCG
ADE 80 vs MEL 55 14:10Adelaide Oval
SYD 111 vs GWS 90 16:35SCG
NTH 105 vs PTA 113 19:20ES
BRI 58 vs RIC 137 19:20G
Sun, 19 AprTimes shown AEST
HAW 127 vs WBU 57 13:10AS
GEE 105 vs GCF 96 15:20SS
WCE 81 vs FRE 111 16:40Domain Stadium
View All Fixtures
Round 4
Fri, 24 AprTimes shown AEST
RIC 51 vs MEL 83 19:50MCG
Sat, 25 AprTimes shown AEST
STK 81 vs CAR 121 11:10NZ
ESS 49 vs COL 69 14:40MCG
GWS 119 vs GCF 53 17:40SO
PTA 99 vs HAW 91 19:40Adelaide Oval
FRE 74 vs SYD 60 20:45Domain Stadium
Sun, 26 AprTimes shown AEST
BRI 65 vs WCE 118 13:10G
GEE 67 vs NTH 83 15:20SS
WBU 125 vs ADE 68 16:40ES
View All Fixtures
Round 5
Fri, 01 MayTimes shown AEST
CAR vs COL 19:50MCG
Sat, 02 MayTimes shown AEST
RIC vs GEE 13:45MCG
SYD vs WBU 14:10SCG
GCF vs BRI 16:35MS
NTH vs HAW 19:20ES
WCE vs GWS 19:40Domain Stadium
Sun, 03 MayTimes shown AEST
MEL vs FRE 13:10MCG
STK vs ESS 15:20ES
ADE vs PTA 16:40Adelaide Oval
View All Fixtures
Round 6
Fri, 08 MayTimes shown AEST
COL vs GEE 19:50MCG
Sat, 09 MayTimes shown AEST
NTH vs RIC 13:45BA
WBU vs STK 14:10ES
GWS vs HAW 16:35Spotless Stadium
GCF vs ADE 17:10MS
MEL vs SYD 19:20MCG
FRE vs ESS 20:10Domain Stadium
Sun, 10 MayTimes shown AEST
CAR vs BRI 15:20ES
PTA vs WCE 16:40Adelaide Oval
View All Fixtures
Round 7
Fri, 15 MayTimes shown AEST
ESS vs NTH 19:50ES
Sat, 16 MayTimes shown AEST
ADE vs STK 13:45Adelaide Oval
HAW vs MEL 14:10MCG
CAR vs GWS 16:35ES
SYD vs GEE 19:20ANZ
WCE vs GCF 19:40Domain Stadium
Sun, 17 MayTimes shown AEST
WBU vs FRE 13:10ES
RIC vs COL 15:20MCG
BRI vs PTA 16:40G
View All Fixtures
Round 8
Fri, 22 MayTimes shown AEST
GEE vs CAR 19:50ES
Sat, 23 MayTimes shown AEST
STK vs WCE 13:45ES
GWS vs ADE 14:10Spotless Stadium
GCF vs COL 16:35MS
HAW vs SYD 19:20MCG
FRE vs NTH 19:40Domain Stadium
Sun, 24 MayTimes shown AEST
ESS vs BRI 13:10ES
MEL vs WBU 15:20MCG
PTA vs RIC 16:40Adelaide Oval
View All Fixtures
Round 9
Fri, 29 MayTimes shown AEST
SYD vs CAR 19:50SCG
Sat, 30 MayTimes shown AEST
HAW vs GCF 13:45AS
MEL vs PTA 14:10TIO Traeger Park
WBU vs GWS 16:35ES
RIC vs ESS 19:20MCG
ADE vs FRE 19:40Adelaide Oval
Sun, 31 MayTimes shown AEST
BRI vs STK 13:10G
COL vs NTH 15:20MCG
WCE vs GEE 16:40Domain Stadium
View All Fixtures
Round 10
Fri, 05 JunTimes shown AEST
FRE vs RIC 20:10Domain Stadium
Sat, 06 JunTimes shown AEST
CAR vs ADE 13:40MCG
GCF vs SYD 16:35MS
ESS vs GEE 19:20ES
PTA vs WBU 19:40Adelaide Oval
Sun, 07 JunTimes shown AEST
GWS vs BRI 13:10Spotless Stadium
NTH vs WCE 15:20BA
STK vs HAW 16:40ES
Mon, 08 JunTimes shown AEST
MEL vs COL 15:20MCG
View All Fixtures
Round 11
Fri, 12 JunTimes shown AEST
PTA vs GEE 19:50Adelaide Oval
Sat, 13 JunTimes shown AEST
GCF vs FRE 13:40MS
WCE vs ESS 16:35Domain Stadium
NTH vs SYD 19:20ES
Sun, 14 JunTimes shown AEST
COL vs GWS 13:10MCG
STK vs MEL 16:40ES
View All Fixtures
Round 12
Thu, 18 JunTimes shown AEST
ADE vs HAW 19:50Adelaide Oval
Fri, 19 JunTimes shown AEST
RIC vs WCE 19:50MCG
Sat, 20 JunTimes shown AEST
CAR vs PTA 13:40MCG
GWS vs NTH 16:35Spotless Stadium
WBU vs BRI 19:20ES
Sun, 21 JunTimes shown AEST
GEE vs MEL 15:20SS
View All Fixtures
Round 13
Thu, 25 JunTimes shown AEST
FRE vs COL 20:10Domain Stadium
Fri, 26 JunTimes shown AEST
SYD vs RIC 19:50SCG
Sat, 27 JunTimes shown AEST
HAW vs ESS 13:40MCG
BRI vs ADE 16:35G
STK vs WBU 19:20ES
Sun, 28 JunTimes shown AEST
CAR vs GCF 15:20ES
View All Fixtures
Round 14
Thu, 02 JulTimes shown AEST
SYD vs PTA 19:20SCG
Fri, 03 JulTimes shown AEST
COL vs HAW 19:50MCG
Sat, 04 JulTimes shown AEST
RIC vs GWS 13:40MCG
GCF vs NTH 16:35MS
WBU vs CAR 19:20ES
MEL vs WCE 19:40TIO
Sun, 05 JulTimes shown AEST
ESS vs STK 13:10ES
ADE vs GEE 15:20Adelaide Oval
FRE vs BRI 16:40Domain Stadium
View All Fixtures
Round 15
Thu, 09 JulTimes shown AEST
PTA vs COL 19:50Adelaide Oval
Fri, 10 JulTimes shown AEST
RIC vs CAR 19:50MCG
Sat, 11 JulTimes shown AEST
ESS vs MEL 13:40MCG
WBU vs GCF 16:35CAZ
NTH vs GEE 19:20ES
WCE vs ADE 19:40Domain Stadium
Sun, 12 JulTimes shown AEST
GWS vs STK 13:10Spotless Stadium
HAW vs FRE 15:20AS
BRI vs SYD 16:40G
View All Fixtures
Round 16
Fri, 17 JulTimes shown AEST
NTH vs ESS 19:50ES
Sat, 18 JulTimes shown AEST
GEE vs WBU 13:45SS
GCF vs GWS 14:10MS
COL vs WCE 16:35ES
SYD vs HAW 19:20ANZ
FRE vs CAR 19:40Domain Stadium
Sun, 19 JulTimes shown AEST
MEL vs BRI 13:10MCG
PTA vs ADE 15:20Adelaide Oval
STK vs RIC 16:40ES
View All Fixtures
Round 17
Fri, 24 JulTimes shown AEST
CAR vs HAW 19:50ES
Sat, 25 JulTimes shown AEST
GWS vs GEE 13:45SO
ADE vs GCF 14:10Adelaide Oval
RIC vs FRE 16:35MCG
ESS vs PTA 19:20ES
BRI vs NTH 19:20G
Sun, 26 JulTimes shown AEST
WBU vs COL 13:10ES
MEL vs STK 15:20MCG
WCE vs SYD 16:40Domain Stadium
View All Fixtures
Round 18
Fri, 31 JulTimes shown AEST
HAW vs RIC 19:50MCG
Sat, 01 AugTimes shown AEST
GEE vs BRI 13:45SS
COL vs MEL 14:10MCG
SYD vs ADE 16:35SCG
CAR vs NTH 19:20ES
GCF vs WCE 19:20MS
Sun, 02 AugTimes shown AEST
PTA vs STK 13:10Adelaide Oval
ESS vs WBU 15:20ES
FRE vs GWS 16:40Domain Stadium
View All Fixtures
Round 19
Fri, 07 AugTimes shown AEST
ADE vs RIC 19:50Adelaide Oval
Sat, 08 AugTimes shown AEST
COL vs CAR 13:45MCG
WBU vs PTA 14:10ES
BRI vs GCF 16:35G
GEE vs SYD 19:20SS
WCE vs HAW 19:40Domain Stadium
Sun, 09 AugTimes shown AEST
MEL vs NTH 13:10MCG
GWS vs ESS 15:20Spotless Stadium
STK vs FRE 16:40ES
View All Fixtures
Round 20
Fri, 14 AugTimes shown AEST
SYD vs COL 19:50SCG
Sat, 15 AugTimes shown AEST
ESS vs ADE 13:45ES
NTH vs STK 14:10BA
PTA vs GWS 16:35Adelaide Oval
GEE vs HAW 19:20MCG
BRI vs CAR 19:20G
Sun, 16 AugTimes shown AEST
RIC vs GCF 13:10MCG
WBU vs MEL 15:20ES
FRE vs WCE 16:40Domain Stadium
View All Fixtures
Round 21
Fri, 21 AugTimes shown AEST
HAW vs PTA 19:50ES
Sat, 22 AugTimes shown AEST
COL vs RIC 13:45MCG
GWS vs SYD 14:10Spotless Stadium
GCF vs ESS 16:35MS
STK vs GEE 19:20ES
ADE vs BRI 19:40Adelaide Oval
Sun, 23 AugTimes shown AEST
NTH vs FRE 13:10ES
CAR vs MEL 15:20MCG
WCE vs WBU 16:40Domain Stadium
View All Fixtures
Round 22
Fri, 28 AugTimes shown AEST
GEE vs COL 19:50MCG
Sat, 29 AugTimes shown AEST
GWS vs CAR 13:45Spotless Stadium
HAW vs BRI 14:10AS
NTH vs WBU 16:35ES
ESS vs RIC 19:20MCG
GCF vs PTA 19:20MS
Sun, 30 AugTimes shown AEST
ADE vs WCE 13:10Adelaide Oval
STK vs SYD 15:20ES
FRE vs MEL 16:40Domain Stadium
View All Fixtures
Round 23
Fri, 04 SepTimes shown AEST
COL vs ESS 00:00MCG
RIC vs NTH 00:00ES
HAW vs CAR 00:00MCG
GEE vs ADE 00:00SS
SYD vs GCF 00:00SCG
MEL vs GWS 00:00ES
BRI vs WBU 00:00G
PTA vs FRE 00:30Adelaide Oval
WCE vs STK 02:00Domain Stadium
View All Fixtures
AFL 2015
Overall standings
Team P W L D % Pts
Fremantle 4 4 0 0 135.32 16
GWS Giants 4 3 1 0 133.22 12
Collingwood 4 3 1 0 128.32 12
Sydney Swans 4 3 1 0 125.00 12
Adelaide Crows 4 3 1 0 123.53 12
Western Bulldogs 4 3 1 0 104.60 12
Hawthorn 4 2 2 0 141.36 8
West Coast Eagles 4 2 2 0 124.48 8
View all
 
Featured advertisers