Drugs body thinks Bombers players were duped

James Hird has launched a fresh legal challenge.. Source: HeraldSun

JAMES Hird last night launched from Paris his own legal war on the AFL and the Australian Sports Anti-Doping Authority.

The dramatic legal ploy comes as ASADA investigators determine that the 34 Bombers players who stand accused of taking banned performance-enhancing substances in 2012 were deceived into taking the drugs. Consequently, ASADA favours the lightest penalty for doping violations: a six-month playing ban.

And it is understood the World Anti-Doping Agency, which has the power to overrule any penalty it deems too soft, is satisfied with this proposal.

Lawyers for Hird lodged an application in the Federal Court alleging that ASADA's joint investigation with the AFL was unlawful and in clear breach of rules governing the anti-doping body.

Hird, who is studying in Paris, told the Herald Sun last night: "I have always believed no Essendon player has taken performance-enhancing drugs or broken, ASADA, WADA or AFL laws.

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Essendon chairman Paul Little has announced the club will challenge ASADA over the investigation into the Bombers' supplements scandal.

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Essendon chairman Paul Little. Picture: Tim Carrafa

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"I want the players' name to be cleared and want our supporters of footy club to be proud of our great club.

"It's extremely difficult to be away from the people who I know it's affecting tremendously," Hird said.

Hird's move came just hours after Essendon lodged its Federal Court counter-attack to ASADA's "show cause" notices, issued on Thursday.

The dual court actions are aimed at knocking out ASADA's case.

Leroy Jetta arrives at Essendon's Tullamarine headquarters. Picture: Hamish Blair

Bombers chairman Paul Little yesterday declared: "Enough is enough. We will not be bullied and will not allow our players to be hung out to dry any longer. They have suffered enough.

"If we are right, and we believe we are, the court will declare the investigation null and void. We will seek a permanent injunction of all of the information collected in that investigation," he said.

The latest developments come after a series of exclusive Herald Sun reports, including that thymosin beta 4 — not AOD-9604 — was the new focus of the ASADA probe, and that sports scientist Stephen Dank texted about testing players in a discussion about "thymosin".

Dank has consistently denied any wrongdoing and claimed players took a legal form of the drug.

ASADA chief executive Ben McDevitt yesterday signalled it would take a conciliatory approach to resolving the 17-month case.

AFL 360 discuss reports emerging some players had been issued show cause notices by ASADA over the 2012 doping scandal

"What we are hearing is players want to get on with this. We need an opportunity to reach resolution, and injunctions and that sort of thing will create further delays.

"I would now like to enter into engagement with players and with legal counsel. As much as anyone else I want to see resolution," he said.

But Essendon's decision to fight ASADA in court could now see the investigation drag on into next season.

Fears have also been raised that competing interests of the players and Bombers bosses is causing a split within the club.

Lawyers acting for the club and Hird both believe they have a "watertight'' case and will not only quash the probe, but prompt an inquiry into the actions of the AFL, ASADA and some former Gillard government heavyweights

Joe Daniher arrives. Picture: Hamish Blair

Lawyers for past and present Bombers issued with show-cause notices met with the club and ASADA yesterday.

Mr McDevitt yesterday asked the 34 players to work with his office, insisting he's satisfied they had a case to answer. "Players need to make some difficult decisions."

He floated the possibility of 50 per cent discounts on bans if they fully co-operated

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TEXT messages and details of a protein powder are likely to form part of ASADA's case against Essendon.

Dustin Fletcher speaks to security as he arrives at the headquarters. Picture: Hamish Blair

As the Herald Sun revealed in May, the case against dozens of Bombers players is expected to turn largely on the drug thymosin beta 4, or TB4.

Of various forms of thymosin, only TB4 is banned.

The case includes circumstantial elements and takes in evidence from the star witness, anti-ageing clinician Shane Charter, about the banned form of the drug.

The Herald Sun first reported how Charter would give ASADA text messages which allegedly show former club sports scientist Stephen Dank ordering TB4 from him. Dank denies ever receiving banned drugs from Charter.

Charter's evidence is that he sourced the drug on Dank's request and gave it to a Melbourne pharmacist, who in turn was to give it to Dank.

ASADA chief Ben McDevitt says the 34 current and former players have a case to answer.

That pharmacist has told investigators that he believes Dank did not use the drug at Essendon.

Charter, who has made no secret of his 2007 conviction for drug trafficking, was recently arrested by police and released without charge.

Several other text messages from Dank discuss using thymosin with the aim of repairing tissue, an outcome that the AFL last year alleged could only be achieved by TB4, and not by any other type of thymosin.

Many of the messages were sourced during the joint AFL and ASADA investigation, the legality of which is likely to be challenged by Essendon.

But there is other evidence that could place TB4 at the club, including a media interview in which Dank discusses use of the drug.

Essendon's season is in disarray. Picture: Toby Zerna

Dank has denied any wrongdoing.

ASADA had external reviewers, including respected former Australian Federal Police commissioner Mick Palmer and retired judge Garry Downes, oversee and review the 16-month probe.

During these reviews, the agency was reminded that the burden of proof in doping cases is "comfortable satisfaction", not the higher criminal standard of "beyond reasonable doubt" with which many ASADA investigators are more familiar.

An ex-federal judge, Mr Downes retired in 2012 as president of the Administrative Appeals Tribunal, the forum that would hear any appeal against putting players on ASADA's register of findings.

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mark.robinson@news.com.au

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