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ASADA was investigating Essendon in 2011, court told

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James Hird cross-examined

Bombers return to the Federal Court for day two of hearings into Essendon's controversial supplements program and ASADA's subsequent investigation, Daniel Cherny reports.

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Former Australian Sports Anti-Doping Authority chief Aurora Andruska has revealed in court that Essendon was being investigated for the use of performance enhancing drugs as early as 2011 and a specific probe of the Bombers would have gone ahead last year regardless of AFL involvement.

Taking to the witness stand for five hours in the Federal Court trial brought against the anti-doping body by Essendon and James Hird, Ms Andruska said the Bombers had been caught up in a wide-ranging probe into drug use well before the club self-reported on February 5, 2013.

The Bombers leave the MCG after their heavy Elimination Final loss to Carlton in 2011.

The Bombers leave the MCG after their heavy Elimination Final loss to Carlton in 2011. Photo: Pat Scala

Ms Andruska made the revelation while she was being cross-examined by the Essendon lawyer, Neil Young, QC.

"ASADA had an investigation which had been under way since 2011, broader than the Essendon Football Club," she said.

This investigation included other sports allegedly using performance-enhancing drugs, she said.

Essendon's 2012 season launch at Etihad Stadium, 8 November 2011.

Essendon's 2012 season launch at Etihad Stadium, 8 November 2011. Photo: Paul Rovere

"In 2011, we were getting information about performance-enhancing drugs. We were taking samples, blood and urine samples, freezing them, waiting for them to be tested."

Ms Andruska said the samples had been sent to a laboratory in Cologne, Germany, to be tested.

The Bombers' supplements program under former sports scientist chief Stephen Dank began in late 2011.

Aurora Andruska.

Aurora Andruska. Photo: Ken Irwin

It emerged recently through AFL chief medical officer Dr Peter Harcourt that the AFL had concerns about the Bombers in 2011 and samples had been sent to Cologne in 2012 to be tested.

The laboratory had the capability to test for peptide hormones. The tests were negative.

Despite this, Ms Andruska said ASADA was "encouraged enough" to continue the investigation.

Ms Andruska said the anti-doping body would have investigated the club last year regardless of whether the Bombers had self-reported under the guidance of then club chairman David Evans. Hird has maintained he opposed the club self-reporting.

"That investigation was going ahead regardless of what David Evans said. ASADA would have taken an investigation irrespective of any co-operation from the AFL," Ms Andruska said.

During her testimony, Ms Andruska also insisted the Australian Crime Commission had not tipped off former AFL chief Andrew Demetriou or his then deputy, Gillon McLachlan, at a January 31, 2013, meeting in Canberra, in which she said she attended only as an observer.

Ms Andruska said the AFL had repeatedly asked which club the ACC was investigating. She said Mr Demetriou had again asked ACC chief John Lawler even as they shook hands and left the room.

"It's Essendon, isn't it?" Mr Demetrou allegedly said to Lawler.

Mr Lawler replied: "I am not going to comment on that."

Mr Demetriou has denied later tipping off Mr Evans on the night of February 4 about what he had been told in the ACC briefing. He was also cleared of an illegal action by the ACC.

During that meeting in Canberra, Ms Andruska said she was "surprised" that the AFL knew as much as it did.

Hird and the Bombers allege that the joint investigation by the AFL and ASADA last year into the club's supplements program was unlawful because the anti-doping body worked outside of its powers.

During her two hours in the witness box before the parties adjourned for lunch - she woud also spend the entire afternoon being cross-examined - Ms Andruska said the "language of joint investigation" had not been used between the parties.

In one response to Mr Young, she replied: "That suggests the investigation was being led by the AFL - that's wrong. It's an ASADA investigation."

Ms Andruska was questioned heavily about what information the anti-doping body gave the AFL to use in its case-managed database.

"To be most effective we had to use the AFL's powers. That was consistent with previous investigations," she said.

Asked to clarify this later, she said the investigation had been with another code and before her time in charge.

Ms Andruska was also asked about the political pressure she had felt to come to a quick resolution in the Essendon investigation.

"I ignored all political pressure," she said.

In the Bombers' and Hird's submission, it had emerged that former prime minister Julia Gillard had wanted a quick resolution, with her party worried the probe would negatively impact on its re-election chances.

Justice John Middleton, however, said the political line of questioning had no relevance.

Ms Andruska was also questioned about how the investigation was termed in the interim report used by the AFL to sanction the Bombers.

She said her focus, however, had been on anti-doping issues and not on how the AFL had wanted to sanction the club - if it was found to have breached its laws.

Earlier on Tuesday, the court heard that lawyers for Essendon, Hird and ASADA had agreed to refer to a statement of facts related to briefings that anti-doping officials gave to Essendon players and staff.

ASADA lawyer Daniel Star on Monday said that one of Essendon's solicitors, Tony Hargreaves, had made a covert recording of one of the briefings and that Essendon wanted to use the transcript as evidence. Neil Young, QC, said Mr Hargreaves was entitled to record the briefing for note-taking purposes.

On Tuesday, Mr Star said the parties had reached a compromise and that the transcript would not be tendered as evidence, and that lawyers would instead refer to a statement of facts.

Mr Young called on Mr Star to apologise for what he said about Mr Hargreaves' conduct.

Justice Middleton said there was no reason to believe that Mr Hargreaves had acted improperly.

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MEL 115vs GCF 89 Stats
SYD 72vs ESS 60 Stats
BRI 74vs COL 86 Stats
WBU 97vs WCE 87 Stats
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STK 78vs GWS 87 Stats
ADE 140vs NTH 63 Stats
FRE 75vs PTA 68 Stats
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HAW 123vs GEE 61 Stats
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WCE 131vs CAR 62 Stats
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RIC 66vs WBU 85 Report Stats
GWS 101vs MEL 56 Stats
COL 63vs ADE 90 Report Stats
GCF 76vs STK 104 Stats
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GEE 60vs FRE 104 Stats
ESS 78vs HAW 76 Stats
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COL 140vs STK 66 Stats
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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
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HAW 127vs WBU 57 Stats
GEE 105vs GCF 96 Stats
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RIC 51vs MEL 83 Stats
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STK 81vs CAR 121 Report Report Stats
ESS 49vs COL 69 Report Stats
GWS 119vs GCF 53 Stats
PTA 99vs HAW 91 Stats
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BRI 65vs WCE 118 Stats
GEE 67vs NTH 83 Stats
WBU 125vs ADE 68 Stats
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CAR 45vs COL 120 Stats
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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
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MEL 50vs FRE 118 Stats
STK 80vs ESS 82 Stats
ADE 91vs PTA 115 Stats
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Fri, 08 MayTimes shown AEST
COL 59vs GEE 100 Stats
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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
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CAR 75vs BRI 84 Report Stats
PTA 68vs WCE 78 Stats
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Fri, 15 MayTimes shown AEST
ESS 82vs NTH 93 Stats
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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
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WBU 88vs FRE 101 Stats
RIC 105vs COL 100 Report Stats
BRI 102vs PTA 65 Report Stats
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GEE 140vs CAR 63 Report Stats
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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
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ESS 136vs BRI 78 Report Stats
MEL 103vs WBU 64 Report Stats
PTA 43vs RIC 76 Report Stats
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SYD 122vs CAR 62 Report Stats
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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
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BRI 86vs STK 108 Report Stats
COL 112vs NTH 95 Report Stats
WCE 120vs GEE 64 Report Stats
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FRE 70vs RIC 97 Report Stats
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CAR 90vs ADE 99 Report Stats
GCF 41vs SYD 93 Report Stats
ESS 53vs GEE 122 Report Stats
PTA 100vs WBU 62 Report Stats
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GWS 97vs BRI 67 Report Stats
NTH 85vs WCE 75 Report Stats
STK 69vs HAW 132 Report Stats
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MEL 85vs COL 110 Report Stats
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PTA 69vs GEE 92 Report Stats
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GCF 46vs FRE 53 Report Stats
WCE 96vs ESS 46 Report Stats
NTH 75vs SYD 91 Report Report Stats
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COL 119vs GWS 77 Report Stats
STK 85vs MEL 83 Report Stats
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ADE 85vs HAW 114 Report Stats
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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
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GEE 89vs MEL 113 Report Stats
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Round 13
Thu, 25 JunTimes shown AEST
FRE 80vs COL 73 Report Stats
Fri, 26 JunTimes shown AEST
SYD 77vs RIC 95 Report Stats
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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
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Round 14
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SYD 94vs PTA 84 Report Stats
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COL 91vs HAW 101 Report Stats
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RIC 78vs GWS 69 Report Stats
GCF 125vs NTH 70 Report Stats
WBU 64vs CAR 53 Report Stats
MEL 60vs WCE 114 Report Stats
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ESS 52vs STK 162 Stats
ADE vs GEE 15:20Adelaide Oval
FRE 84vs BRI 48 Report Stats
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Thu, 09 JulTimes shown AEST
PTA 66vs COL 63 Report Stats
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RIC 71vs CAR 41 Report Stats
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ESS 69vs MEL 60 Report Stats
WBU 95vs GCF 73 Report Stats
NTH 120vs GEE 79 Report Stats
WCE 147vs ADE 91 Report Stats
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GWS 84vs STK 49 Report Stats
HAW 115vs FRE 43 Report Stats
BRI 49vs SYD 70 Report Stats
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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
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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
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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
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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
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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
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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
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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 38vs SYD 135 Report Stats
FRE 108vs MEL 54 Report Stats
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Round 23
Fri, 04 SepTimes shown AEST
RIC ($1.29)vs NTH ($3.60) 19:50ES
Sat, 05 SepTimes shown AEST
GEE ($2.60)vs ADE ($1.50) 13:05SS
BRI ($4.50)vs WBU ($1.20) 13:45G
PTA ($1.10)vs FRE ($6.50) 15:50Adelaide Oval
HAW ($1.01)vs CAR ($17.00) 16:40MCG
SYD ($1.04)vs GCF ($11.00) 19:20SCG
WCE ($1.04)vs STK ($11.00) 19:40Domain Stadium
Sun, 06 SepTimes shown AEST
MEL ($3.20)vs GWS ($1.36) 13:10ES
COL ($1.28)vs ESS ($3.70) 15:20MCG
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AFL 2015
Overall standings
Team P W L D % Pts
Fremantle 21 17 4 0 125.10 68
West Coast Eagles 21 15 5 1 143.00 62
Hawthorn 21 15 6 0 156.77 60
Sydney Swans 21 15 6 0 124.11 60
Richmond 21 14 7 0 121.39 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
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