James Hird has launched a legal attack against the Australian Anti-Sports Doping Authority, claiming the government department provided the AFL with a draft copy of the interim report on the Essendon Football Club’s supplement program ahead of its official publication.
Following Essendon’s failed injunction attempt on ASADA last week, the suspended coach alleges the AFL received a sneak peek into the ASADA findings ahead of the formal release date last August, which “acted in breach of the confidentiality obligations imposed on them”.
Hird’s statement also claims both ASADA and the AFL incorrectly informed the club about its right to remain silent during the interview process.
Hird was subject to a nine-hour interview in April last year and now says ASADA turned to the then Andrew Demetriou-led AFL to have the initial interviews provide substantial information into the club’s supplement scandal. Hird was required to “fully and truthfully” answer questions during the investigation under AFL rules or face sanction despite ASADA guidelines stating the interviewee “has the right to remain silent without penalty or censure.”
The statement issued in the Federal Court asserts the more recent ASADA show-cause notices handed to 34 current and former players went beyond the department’s power.
“On dates known to the respondent, ASADA provided drafts or versions of the Interim Report or parts thereof to the AFL,” the 19-page statement declares.
“Mr Andrew Demetriou, then AFL CEO, on or about 27 May 2014 affirmed the fact of a joint investigation and further stated that the AFL’s resources and ability to compel people to give evidence had assisted the investigation.”
Hird received a 12-month ban for his role in Essendon’s 2012 supplement program, while the club was fined $2 million and banished from last season’s AFL finals series.
A second directions hearing is scheduled for Wednesday ahead of the three-day August 11 trial date.
Photo: Scott Barbour/Getty Images
