UPDATE: Suspended Essendon coach James Hird has joined his club in launching legal action against the Australian Sports Anti-Doping Authority.
Essendon chairman Paul Little confirmed on Friday afternoon that the club had filed an application in the Federal Court against ASADA, alleging its joint investigation with the AFL into the club is unlawful and in breach of the ASADA act.
Essendon chairman Paul Little confirmed on Friday afternoon that the club had filed an application in the Federal Court against ASADA, alleging its joint investigation with the AFL into the club is unlawful and in breach of the ASADA act.
The Bombers' application aims to rule the case against the club "null and void”.
And it emerged later on Friday evening that Hird, who is currently serving a 12-month AFL suspension for bringing the game into disrepute, has also launched Federal Court action against ASADA.
Both Hird and Essendon's applications are due to be heard on June 27.
And it emerged later on Friday evening that Hird, who is currently serving a 12-month AFL suspension for bringing the game into disrepute, has also launched Federal Court action against ASADA.
Both Hird and Essendon's applications are due to be heard on June 27.
Essendon chairman Paul Little detailed the club's intent at a media conference on Friday afternoon.
“The board concluded unanimously that the club is left with no alternative but to fight to protect the reputations and livelihood of our players," Little said.
"There is no power or capacity under the ASADA act to conduct a joint investigation, and there never was.
"This challenge on the joint investigation is not merely a technical matter. The application to the federal court seeks to enforce the rule of law.
"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."
"I want the players' names to be cleared and want our supporters of (our) 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."
Where the 2012 Bombers are now
Thirty-four show-cause notices were issued to Essendon players on Thursday, relating to the club's supplements program in 2012.
Little said the club believed the letters outlining the allegations against each player do not contain any evidence to support the "very serious" allegations against the individuals.
Little questioned how the players could respond without understanding the evidence against them, and took aim at ASADA's "media blitz" and "grandstanding" throughout Friday, which has seen the organisation's new boss Ben McDevitt conduct numerous interviews.
"Enough is enough. We will not be bullied and will not allow our players to be hung out to dry any longer," Little said. "They have suffered enough."
Little said new AFL chief executive Gillon McLachlan told the club he "understood" its position after being notified on Friday of the move.
Penalties could be slashed if Dons co-operate: ASADA
Essendon 'self-reported' last February to the AFL and ASADA and co-operated with the investigation over six months, but Little said the issuing of show-cause notices meant they had to change their approach.
"We agreed as a club, and I was part of that agreement, that we would self-report, and the minute we self-reported we then went along with the requirements of that self-reporting, and that was to accept the AFL and ASADA's involvement in the investigation," Little said.
James Hird's Federal Court application
"However, that doesn't, in our opinion, allow the structure to be put together in a way that we think is fundamentally flawed."
He said the club was "very confident" in its decision to head to court.
"We're very happy to run the course of an 18-month or two-year investigation if that's what it takes. We're very confident we'd win that," he said.
The players were said to be relieved at the club's decision, which Little said would allow them to focus on the football.
McDevitt confirmed the notices refer to Thymosin Beta 4 and not the anti-obesity drug, AOD-9604.
Earlier on Friday, McDevitt was asked if the joint investigation would be seen as unlawful if challenged in court.
McDevitt said his reading of the organisation's act and the opinion of independent legal advice was that it "always contemplated a co-regulatory regime" between ASADA and the relevant sporting body.
"It always contemplated that we would work in a co-operative relationship with sports. In fact, I think that's the only way it can work and that is the best way for it to work so sports take some responsibility for actually ensuring integrity of their sports," McDevitt told SEN.
"The concept of a joint investigation is something that I'm familiar with. In law enforcement it's pretty much always been the way we do it.
"What you do need to be careful when you enter into a joint investigation is there needs to be clear rules of engagement around the powers available to the various parties that are part of the joint effort.
"And secondly to disclosure of information and that sort of thing. If it was to be challenged, it would probably be on those grounds.
"At the end of the day, if it goes that way then decisions will be made."
McDevitt, who has been in his role for less than a month, said under the AFL and ASADA relationship the League would have notified ASADA of the outcome of its investigation regardless of its involvement.
"In this instance, my understanding from everything that I've read, is that where joint interviews for example were held with players, that as far as I know in every case, there were legal counsel there with the player," he said.
"Nobody, to my understanding, objected at that point to the fact that ASADA and AFL investigators were in the room together. So I think that's an important point.
"When you look at the actual arrangements between the AFL and ASADA, whether or not ASADA was in the room at the point that an investigation was conducted, at some point the AFL is obliged to tell ASADA what comes out of it anyway.
"We either would have got it through sitting there or we would have got it shortly after anyway."
Of Essendon's 2012 playing list, 29 members remain with the club, three (Angus Monfries, Stewart Crameri and Scott Gumbleton) are with rivals, and 14 are no longer in the AFL system.
Show-cause notices require players and officials to explain, within 10 days, why they should not be handed infraction notices for breaching the WADA drug code.
It is seen as the first step in a process, which could result in players handed infraction notices by ASADA and the AFL if ASADA does not accept the individual's explanation.
If an infraction notice is issued, the player would be suspended until the matter was resolved at a Tribunal.
On Thursday, before news broke of the show-cause notices being issued to players, Essendon chairman Paul Little said the club was "exploring all legal options for our players" in the "unlikely event" of the show-cause notices being sent.
Essendon's 2013 season was wiped as a result of the saga when it was stripped of a spot in the finals as part of the League's punishments.
New AFL chief executive Gill McLachlan said on Friday the 2014 season would also be impacted.
"This is nothing more than an allegation to which the players will respond. We will see where it goes. However, I can see it will have an impact on our season," McLachlan told 3AW.
The 2012 Essendon Bombers. Picture: AFL Media
