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Essendon wants to use 'covert secret transcript' as evidence in case, court hears

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Jon Pierik and Adam Cooper

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Essendon, Hird and players tackle ASADA

All four parties have been heard on the opening morning of the Federal Court hearing into Essendon's supplements program and ASADA's subsequent investigation.

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A solicitor for Essendon made a secret recording of an Australian Sports Anti-Doping Authority official addressing Bombers players after the football club had "begged" the anti-doping body to speak to the players, the Federal Court has heard.

The opening day of the trial in which Essendon and its suspended coach, James Hird, claim ASADA's investigation was unlawful, heard that the Bombers had asked an ASADA official to speak to players because the club had concerns for their health and wellbeing as a result of the supplements program adopted in 2011-12.

Daniel Star, representing ASADA, said Essendon solicitor Tony Hargreaves made a recording of that address and that Essendon now wanted to use the "covert secret transcript" as evidence in the case before Justice John Middleton.

James and Tania Hird arrive at court.

James and Tania Hird arrive at court. Photo: Getty Images

Mr Star accused Essendon of running a "trial by ambush" by trying to have the transcript introduced as evidence after submissions were made. He said the evidence was kept by Essendon "in its back pocket until [last] Friday morning".

Mr Star said Essendon had begged the ASADA official to address the players after the  club became concerned for the players' health and well being. He said the official had spoken under "Chatham House Rule" and that  Mr Hargreaves was not entitled to record the address.

Neil Young, QC, representing Essendon, said  Mr Hargreaves was entitled to make the recording for note taking, and that the evidence should be included in the trial.

Justice Middleton will rule on the point on Tuesday.

Earlier on Monday, Mr Young said that a finding against his client could "effectively destroy its business".

With Mr Hird and his wife Tania watching from the back corner of the court, lawyers for Essendon, Mr Hird and ASADA outlined their opening arguments on the legalities of a joint investigation between the anti-doping body and the AFL.

Essendon and Mr Hird argue the joint investigation between ASADA and the AFL was unlawful and that therefore the show-cause notices issued against 34 Essendon players were invalid.

Lawyers for both the Bombers and Mr Hird argued ASADA, an independent body, acted outside its powers in conducting the investigation thorough "improper purposes".

This purpose, they argued, was to assist the AFL in laying charges against Essendon for governance breaches and to impose sanctions on the Bombers, Mr Hird, then assistant coach Mark Thompson and then football chief Danny Corcoran.

Tom Howe, QC, for ASADA, pointed to Essendon's "abysmal governance and management" during its 2011-12 supplements program, and declared it would be "wholly perverse" and "nonsense on stilts" if Justice Middleton ruled against the anti-doping body.

Mr Howe said any finding against the body would also potentially compromise future anti-doping investigations.

He insisted there was nothing in the ASADA act that prohibited a joint investigation with the AFL, and that World Anti-Doping Agency rules encouraged sporting bodies to co-operate with anti-doping investigators though the sporting bodies' coercive powers.

David Grace, QC, representing the 34 players, said his clients were in an "invidious position" because they were contractually obliged to answer questions put to them by investigators and without being given the privilege to not answer questions through self-incrimination.

Throughout the opening submissions, Justice Middleton challenged lawyers from all camps on several points of law, and notably queried whether ASADA could issue show-cause notices based on reduced information if he ruled against the anti-doping body.

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Essendon, Hird and players tackle ASADA (Thumbnail) Essendon, Hird and players tackle ASADA

All four parties have been heard on the opening morning of the Federal Court hearing into Essendon's supplements program and ASADA's subsequent investigation.

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Legal counsels for James Hird, Essendon Football Club, Essendon players as well as ASADA were all heard in Federal Court on Monday morning.

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Beverly Knight denies challenge to Essendon board

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It's Bomber versus Bomber

As hopefully few enough people in Melbourne have had to learn, the Federal Court building in Melbourne also houses the Family Court. There on Monday, the juxtaposition could not have been more painfully poignant. In the Federal Court, it was James Hird and Essendon versus ASADA and the AFL. But the rawness and soreness it immediately exposed bore all the characteristics of a family break-up. It wasn't Kramer versus Kramer, but it was Bomber versus Bomber. The AFL was the third party, ASADA a fourth.

Bombers could be destroyed if court case is lost, claims lawyer

Essendon lawyer Neil Young QC fears a Federal Court finding against the club could "effectively destroy its business" .

Eighteen months and James Hird still doesn't get it

It remains less and less likely that James Hird will get the chance to redeem himself.

Tim Watson calls ASADA's bluff

Former Essendon great Tim Watson casts doubt on whether ASADA would re-issue show-cause notices if the anti-doping body loses the Federal Court case.

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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
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 45 vs COL 120 19:50MCG
Sat, 02 MayTimes shown AEST
RIC 76 vs GEE 85 13:45MCG
SYD 73 vs WBU 77 14:10SCG
GCF 118 vs BRI 54 16:35MS
NTH 70 vs HAW 130 19:20ES
WCE 120 vs GWS 33 19:40Domain Stadium
Sun, 03 MayTimes shown AEST
MEL 50 vs FRE 118 13:10MCG
STK 80 vs ESS 82 15:20ES
ADE 91 vs PTA 115 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 5 5 0 0 151.10 20
Collingwood 5 4 1 0 147.53 16
Western Bulldogs 5 4 1 0 104.75 16
Hawthorn 5 3 2 0 149.86 12
West Coast Eagles 5 3 2 0 145.92 12
Sydney Swans 5 3 2 0 118.26 12
Adelaide Crows 5 3 2 0 111.40 12
GWS Giants 5 3 2 0 102.87 12
View all
 
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