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Dank threatens legal action against AFL's Harcourt

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Dank frustrated over lack of anonymity

ASADA should have kept the drugs and persons involved in their investigation under full anonymity according to sports scientist Stephen Dank. (Audio: FIVEaa)

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While the AFL insists Peter Harcourt has not broken any contractual arrangement, former Essendon sports scientist Stephen Dank says he is seriously considering legal action against the league's medical director.

As court orders were filed by James Hird and the Bombers with the Federal Court on Tuesday, AFL chief Gillon McLachlan revealed the AFL had sought legal advice over comments made by Harcourt in Zurich, which the Hird and Essendon camps had suggested could be in breach of the anti-disparagement clauses inserted into settlement agreements between the parties last year.

McLachlan, however, said Harcourt's claims that there had been "craziness, or the madness who were in the [Essendon] support staff" during the club's 2011-12 supplements program had not broken any agreement.

Gillon McLachlan

Gillon McLachlan Photo: Joe Armao

"My personal view is no. My legal advice is absolutely definitively no and I don't know if I could be any clearer than that," he said.

Dank, speaking on Adelaide radio, later revealed he had been unimpressed by Harcourt's remarks.

"I didn't receive it very, very well and my barristers received it even less well. Let's just say that obviously my barristers are reviewing our position on his public comments very, very strongly as we speak. I was aware that he was appearing at that particular conference," Dank said.

Gillon McLachlan has backed Dr Peter Harcourt (far right)

Gillon McLachlan has backed Dr Peter Harcourt (far right) Photo: Pat Scala

"I was aware of that before he appeared, I was aware that he actually did appear. The actual comments that he made I wasn't aware of. I think it's pretty fair to say that both myself and the defamation barristers have looked at those comments with a very, very dim view."

Dank, the man at the centre of the scandal, alleged, overall, there had been "a lot of questionable conduct in this whole investigation, I mean seriously questionable conduct" by the AFL.

McLachlan claims the court case between Essendon, Hird and the Australian Sports Anti-Doping Authority is a distraction and "side element", declaring the main issue is the health and welfare of the players.

While lawyers for Essendon and Hird seek documents alleging an unlawful investigation was conducted by the AFL and ASADA - show-cause notices have been distributed to 34 players - McLachlan said the league would not be a party to the court-case "distractions".

"I have said this regularly ... I have been as transparent and as clear as I can with our supporters that I am not going to provide a running commentary," he said.

"There is a legal dispute between Essendon and ASADA. People are trying to draw us in, every single day there is something I could respond to, or the AFL could respond to. But I am not going to do that because we have a football competition to run. The supporters, I think, of all 18 clubs, not just the 17 other clubs, all 18 clubs want us to think about playing football.

"They are sick of it. They are sick of all the distractions and the side elements and everything else and right now I am not going to continue to get drawn in.

"One day I will have my say. I will [answer] the questions and I will stay until every single person of you is bored and wants to go and get some lunch.

"Until then, we are going to try and concentrate on running this football competition and let the legal process run out. Everyone keep thinking what this is actually about - the health and welfare and safety of those Essendon players, and run a football competition."

In court orders filed by Hird and the Bombers on Tuesday, they re-iterate their claim to documents from ASADA relating to the AFL investigation showing "the support or otherwise for the conduct of a joint investigation by the AFL and ASADA; and the power of ASADA to conduct a joint investigation".

They also want any documents which may point to ASADA's interim report being released in draft form before it was officially unveiled on August 2 last year. This report led to sanctions against Hird, former football chief Danny Corcoran and the Bombers for governance failures.

Essendon did not wish to comment on Tuesday night.

Speaking after the launch of the autobiography - The Phoenix Rises - of former AFL chief executive Ross Oakley, McLachlan said Harcourt had the league's unequivocal support but had been wounded by the disclosure of his comments made at a conference in November. He had also claimed there that players involved in the rogue injecting program could face cancer or hormonal issues. 

"The presentation was signed off. I think it's been articulated that he put some, I guess, flourish on that. Maybe in the context of today [that] might ... have caused a couple of days of headlines," McLachlan said.

"But everything he said there was generally on the public record and that presentation in its substantive form was signed off."

Harcourt was criticised by the Bombers and the AFL Players Association over his strong comments. 

"He no doubt has been wounded personally by the last couple of days but he has had support from everyone that I think he counts as important in the industry," McLachlan said.

"We prefer that it didn't happen but if you focus on what he was doing, it was all about the health and welfare and safety of the players, which is his responsibility as the chief medical officer of the AFL."

The Bombers maintain the players were given nothing illegal. The players are of the belief they were not administered anything illegal. The show-cause notices allege the players were given the banned peptide, thymosin beta-4.

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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
Sat, 23 AprTimes shown AEST
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
View All Fixtures
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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Round 7
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
View All Fixtures
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
View All Fixtures
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
View All Fixtures
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
View All Fixtures
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
View All Fixtures
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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