The Essendon football club’s controversial supplements saga has been drawn out in court last week, over claims the Australian Sports Anti-Doping Authority (ASADA) acted illegally when conducting its joint investigation against it with the AFL.
As a result of findings against Essendon and its personnel in 2013, the club was fined $2 million, was restricted in the 2013 national draft, its coach James Hird was suspended for 12 months (set to end in just under a fortnight), assistant coach Mark Thompson was fined $30,000 and club football boss Danny Corcoran was suspended for six months.
The case before Justice Middleton of the Federal Court ended on Thursday, where the judge reserved his judgement and is expected to hand it down within a month.
The court heard that ASADA would have to recommence its case against Essendon, and the supplements scandal that has rocked the club for just over 18 months, from the outset if the court finds that its joint investigation with the AFL against the club was declared illegal.
The Essendon football club argued that ASADA did not have the jurisdiction to provide the AFL with confidential information and an interim report, which suggested that the AFL take disciplinary action against the club and its staff.
If Justice Middleton finds in favour of Essendon and James Hird, the parties can commence legal proceedings against the AFL for the penalties bestowed upon it and its personnel.
However, if the judge finds against Essendon and Hird, it can appeal to the full Federal Court and the High Court, with the same options available to ASADA in the event that the reverse occurs.
A judgement in favour of ASADA will likely mean that the 34 players who were handed show cause notices will have their names put on the Register of Findings and will have to mount a case against why they should not be given infraction notices.
Essendon chairman Paul Little and James Hird fronted media following the close of day three to end speculation that there was a rift between them, and that Hird would coach the club in 2015.
“James and I … have a very strong relationship, we have a strong relationship with the board, James has a strong relationship with Bomber [interim coach Mark Thompson]. It’s a very positive 2015 we’re looking forward to,” Little said outside court.
Sources: ABC, Fairfax Media, The Australian
