ESSENDON has failed in a bid to be represented at the AFL Anti-Doping Tribunal hearing that will determine the fate of 34 past and present Bombers charged with doping offences.
The AFL released a statement on Thursday afternoon following day two of the Tribunal, saying a lawyer had applied to be present at the hearings to represent the Essendon Football Club, which is not facing any charges at the hearing.
"On considering the various submissions and having regard to the ruling of December 8 that the hearing be private, the application on behalf of the Essendon Football Club to be represented at the proceedings was denied," the statement read.
The Anti-Doping Tribunal, which is being held behind closed doors in the Victorian County Court, heard the continuation of the opening submission of ASADA's lawyer Malcolm Holmes QC on Thursday.
ASADA is alleging the 34 players and one support person, no longer employed by Essendon, breached the AFL Anti-Doping Code through the use of the banned peptide Thymosin Beta-4.
The AFL's statement said that Mr Holmes QC "continued opening submissions on behalf of ASADA based on, among other things, various text messages, emails and transcripts produced as part of the investigation."
The anti-doping authority will need to prove its case without first-hand testimony from potential key witnesses Shane Charter and Nima Alavi.
The Supreme Court ruled last Friday that subpoenas could not be issued to biochemist Charter and compound pharmacist Alavi to compel them to give evidence.
The Tribunal will continue on Friday before adjourning until January 12.