Windy Hill still deluded and in denial as ever
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ESSENDON players could launch legal action challenging the legality of the joint drugs investigation in a bid for immediate closure.
An option for the players en-masse to attempt to have the drugs probe into Essendon players shut down was briefly raised at a meeting on Tuesday night.
The players could raise issues over the process, confidentiality and privacy of the AFL-ASADA investigation, which is into its 16th month.
The players and parents were briefed at the club on Tuesday night, where they were told the club and the AFL Players Association had formed a three-man legal team to represent them in the event they received show-cause notices from ASADA.
If the players did challenge the investigation, and won, it would be immediately quashed.
The entire playing staff, as well as club officials, are expected to receive the show cause letters within weeks, it is understood.
If they do receive the letters, the players will be represented by Tony Hargreaves, who last year worked for the club and now works with the players, David Grace QC and Ben Ihle.
It is also understood no player will accept guilt over any charges, which rules out any “no fault, no negligence’’ deals.
Essendon chairman Paul Little last night indicated the club would fight if it had to and conceded a lengthy legal process would be ‘’worse than ideal’’.
“You can’t predict these things, but depending what’s in these notices, it’s highly possible we would legally challenge the information in the show-cause notices,’’ he said.
“That’s the least we could do if we felt the information is inaccurate or wrong.
“But it’s hypothetical because we don’t know (if the show-cause notices are coming).’’
Little said the club last year investigated the possibility of challenging the AFL-ASADA investigation but was advised it was not likely to win, though other lawyers have disagreed.
Asked if it was a possibility now, Little said: ‘’I would never rule anything out, or in, but I have to say it’s a long way from where we are.
“We really aren’t focusing on a particular approach to this other than putting in place what I refer to as a legal safety net for the players and for the parents for their comfort. That really dominated discussion last night.’’
LITTLE TAKES AIM AT ASADAAsked whether the players, led by skipper Jobe Watson, could instigate a legal challenge to the probe, Little said: ‘’The instructions a player gives them (the lawyers), and this was part of what we clarified last night, will be between a lawyer and his customer ... and we will respect that. We aren’t going to tell the legal team what they should do with the players and we aren’t going to tell the players what they should do with the legal team.’’
Little said no Essendon player would accept a “no fault, no negligence’’ position.
“To get that warning and to get that relief you need to have been found to have taken a substance and our players don’t think they have,’’ Little said.
“They are not going to use that clause, I promise you.’’
It is understood the reality of their predicament hit home with players on Tuesday night and they were quiet at the club yesterday. Club officials are also on edge.
“No matter how many times I’ve stated I don’t believe our players took anything that was harmful or illegal, and I still firmly believe that, you pick up the paper and read a story like what was reported, it still puts the shivers up you,’’ Little said.
“There were a lot of questions about how it would work, who would get the notices, there were a lot of questions they wanted clarity around. Both the parents and players had a lot of questions.’’
Little had been unable to seek clarification from ASADA or Sports Minister Peter Dutton because he said they were not taking his calls.
http://www.heraldsun.com.au/sport/afl/essendon-players-could-launch-legal-action-in-bid-to-end-longrunning-supplements-investigations/story-fni5f6kv-1226926208162
