AFL-ASADA investigation broke confidentiality and denied players their rights, James Hird alleges
Dons denied their rights against self-incrimination, James Hird alleges
JAMES Hird has alleged ASADA breached its confidentiality obligations by providing draft copies of its interim report to the AFL before it was formally lodged on August 2 last year.
He also alleges ASADA's joint investigation with the AFL effectively gave the anti-doping body the power to compel Essendon players and officials to answer questions about the 2012 supplements program - a power Hird alleges ASADA does not possess under its legislation.
Hird has submitted a 19-page statement of claim in the Federal Court ahead of Wednesday's second directions hearing, revealing new details of his legal challenge against ASADA.
The suspended Essendon coach claims ASADA provided copies of its interim report to members of the AFL executive, the AFL Commission and "other persons and entities" who were not permitted to receive information contained in the document.
Hird asserts that ASADA acted in breach of the confidentiality obligations imposed on them by its Act and the National Anti-Doping Scheme.
The Bombers and Hird are fighting to have the joint investigation scrapped and the 34 show-cause notices made void.
The case is set for a three-day trial in the Federal Court starting August 11.
Hird's case centres on the legality of the AFL-ASADA investigation and whether the anti-doping body had the power to compel answers from Essendon players and staff.
He alleges his legal team questioned the investigation's validity before his own nine-hour interview in April last year, which was attended by ASADA and AFL representatives.
Hird's lawyers allege the joint investigation allowed ASADA to compel Essendon players and staff to submit to the investigation and "attend a recorded interrogative interview", preventing them from exercising their common-law rights against self-incrimination.
Their submission refers to the AFL's manager of integrity services, Brett Clothier, who wrote in the British Journal of Sports Medicine that the investigation had "allowed the exchange of information and sharing of expertise".
Former AFL chief executive Andrew Demetriou is also referred to, having "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".
Mums with Mics: Cath Cripps on being grandma and the dance move that landed her in hospital
Patrick Cripps' mum Cath joins Tracey McKay and Jackie De Koning in a chat about family life in the ‘Football Factory’ Northampton, the journey at Carlton, new bub Koda Sophie Crips, and how frivolity can sometimes lead to a hernia.
09:15
Polo's debut to Durham's winner: The best Dreamtime moments
Watch the best moments from the annual Dreamtime at the 'G clash between the Tigers and Bombers
06:48
Full post-match, R11: Swans
Watch Sydney’s press conference after round 11’s match against Western Bulldogs
08:38
Full post-match, R11: Bulldogs
Watch Western Bulldogs’s press conference after round 11’s match against Sydney
Mums with Mics: Cath Cripps on Brownlow mix-up, risky dancing, grandma life
Join Tracey McKay and Jackie De Koning for our new podcast with a fresh, funny look at life inside famous footballing families
LISTEN: Swans star can do anything, Pie to walk into lion's den
Join Damian Barrett and Nat Edwards for AFL Daily
Opinion
Opinion
IF Nick Daicos was the 21st best player against the Crows ... THEN
Sliding Doors is in full swing for 2024 ... and Damo's got plenty to say
League open to pick purchasing as part of trade changes
AFL player movement boss Ned Guy says the League is open to introducing pick purchasing, allowing clubs to use their salary cap money in exchange for draft picks