Essendon and newly-reinstated coach James Hird have lost their Federal Court challenge against the Australian Sports Anti-Doping Authority (ASADA), with the court ruling that the cases against 34 Essendon players who are alleged to have used prohibited drugs will stand.
James Hird, the Essendon Football Club and the players claimed to the court that ASADA’s investigation into the club’s alleged use of prohibited supplements during the 2012 season was conducted unlawfully. However, the court dismissed those arguments and ruled that the 34 past and present players will still need to answer the doping charges laid against them.
In his ruling, Justice John Middleton said that ASADA had conducted a lawful investigation by acting in conjunction with the AFL. He added that Hird, and the Essendon footballers submitted themselves to interviews with ASADA investigators, knowing that AFL representatives were present and that they knowingly waived particular rights, including “the right to claim privilege against self-incrimination”, when they joined the league.
“Whether they felt they had no choice to answer questions in front of ASADA and the AFL is not to the point,” Justice Middleton said. “There is no suggestion … Mr Hird or any of the 34 players did not understand the nature of … the rights they were giving up, in return for the right … to play or coach football for Essendon.”
Essendon have been ordered to pay ASADA’s legal costs, believed to be around $1 million, and the anti-doping body can now issue a deadline for players to respond to the show cause notices they were handed.
Hird and Essendon chairman Paul Little are considering appealing the decision.
