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ASADA warns court case won't stop Essendon show-cause notices

ASADA has made clear its intent to reissue show-cause notices to 34 past and present players should it lose the court case against Essendon and James Hird.

ASADA has made clear its intent to reissue show-cause notices to 34 past and present players should it lose the court case against Essendon and James Hird. Photo: Wayne Taylor

The stakes have dramatically risen for Essendon players issued with show-cause notices, with the Australian Sports Anti-Doping Authority strongly suggesting it will reissue notices should it lose the court case against Essendon and suspended coach James Hird.

In its defence lodged with Justice John Middleton in the Federal Court, and released publicly on Friday afternoon, ASADA denies claims from Hird and the Bombers that it conducted an unlawful investigation into the club's 2011-12 supplements program.

However, should the anti-doping body lose its case, ASADA - through chief executive Ben McDevitt and lawyer Craig Rawson - have issued what looms as a chilling warning to the 34 current and former players issued with show-cause notices.

"Even if ASADA obtained information unlawfully in the course of the joint investigation (which is denied), the grant of relief should be refused on discretionary grounds because ASADA could lawfully obtain all the exact same information (again) by the issue of disclosure notices under Division 3.4B of the NAD Scheme, and then issue fresh show-cause notices to the EFC players," the document said.

The 34 players are alleged to have been administered the banned drug Thymosin beta-4. They have opted to not be a party to the case brought by Hird and the Bombers.

The Bombers and Hird want the investigation deemed illegal, meaning the show-cause notices would be void. However, ASADA has maintained it could reissue the notices with information secured after the joint investigation was completed in August last year.

That it now claims it could secure the "exact same information" - meaning it could use the interviews given by players early last year - appears to highlight its determination to win the case and have players forced to show why they should not be added to the Register of Findings, the first step towards the issuing of infraction notices - and bans.

Lawyers for the Bombers and Hird did not wish to comment on Friday night.

ASADA does admit that it "agreed to provide information obtained by the AFL to ASADA for the purposes of ASADA's investigation" but claims it opted to begin its investigation before, and independently of, deciding to work with the AFL.

ASADA also claims it "could lawfully have (passed on information to the AFL anyway) because the disciplinary action referred to was based upon the applicant and EFC personnel having brought the game into disrepute by virtue of poor governance and accountability with respect to the enforcement of the anti-doping rules. That is a matter connected with ASADA's investigation and the administration of the NAD (national anti-doping) scheme and within the purposes of the Act and the NAD scheme".

ASADA says it needed the AFL's compulsory powers to ensure players and officials could be interviewed and could not "claim the privileges against self-incrimination or self-exposure to a penalty".

"The AFL provided ASADA with immediate access to information provided by EFC players and EFC personnel at interviews (carried out pursuant to the exercise of the AFL's compulsory powers) by permitting ASADA staff to attend, jointly conduct and tape record those interviews."

The anti-doping body hit back at Hird's claims that he was not given the right to silence during his nine-hour interview last year. While he was warned that he had to tell the truth under the AFL's laws, Hird says under the anti-doping code he should have been reminded about his right to privilege.

"The applicant (who was legally represented at the time) advertently declined to claim any privilege or right against self-incrimination and raised no objection to the presence or role played by ASADA or to the provision of information to ASADA," Rawson wrote.

ASADA maintains Essendon supported the AFL and the anti-doping body working closely after it self-reported under then chairman David Evans.

"The applicant requested that the AFL and ASADA conduct a joint investigation in early February 2013 and thereafter expressed support for the conduct of the joint investigation," ASADA says.

ASADA has again denied its interim report was handed to then AFL chief executive Andrew Demetriou for an "extraneous" purpose other than the anti-doping case.

The case goes to trial on August 11 and is expected to last three days.

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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
 
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