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THE extent of secret negotiations over Essendon players in the first days of the drugs probe is revealed by a dossier of more than 50 explosive emails.
The Herald Sun has obtained details of the chain of correspondence between the AFL, the Gillard government and the Australian Sports Anti-Doping Authority in February and March last year.
They reveal how an agreement was brokered between the parties to make it possible for Bombers stars to escape suspension — and ASADA's decision to back away from the deal two weeks later.
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The Herald Sun understands many of the emails contain information that could be critical to the outcome of Federal Court actions by Essendon and suspended coach James Hird in which they assert that the ASADA-AFL investigation was unlawful.
Key figures involved in the email trails include then AFL deputy Gillon McLachlan, former AFL boss Andrew Demetriou, ex-ASADA chief Aurora Andruska, AFL legal counsel Andrew Dillon, and AFL integrity chief Brett Clothier.
Former AFL CEO Andrew Demetriou was left his post on 4 June this year. Source: Getty Images
Staff from the Department of Prime Minister and Cabinet and the Department of Sport, which oversees ASADA, as well as anti-doping legal chiefs and investigators, are also identified in the email trails.
The communications took place less than two weeks after Essendon "self-reported" to the AFL and ASADA on February 5 and the release of an Australian Crime Commission report into drugs in sport and organised crime on February 7.
Aurora Andruska, former ASADA chief executive, was replaced by Ben McDevitt in May 2014. Picture: Kym Smith Source: News Corp Australia
Interviews with Essendon players and other figures central to the club's 2012 supplements program had not commenced at the time of the behind-the-scenes negotiations.
The original agreement between the AFL and ASADA — finalised on February 20 — stated that "to provide an immediate level of comfort ... it will be explained to players that under a no fault or negligence defence a player can receive a complete elimination of sanction".
The agreement is referred to in the emails as the "statement".
Email details in the Essendon-ASADA drug saga. Source: Supplied
Email details in the Essendon-ASADA drug saga. Source: Supplied
But the email chain shows how ASADA changed its mind about the statement on March 5 — the same day ASADA counsel John Marshall, SC, quit his work for the anti-doping agency.
It is understood Mr Marshall had raised serious concerns with ASADA over the AFL arrangement.
The chain reveals ASADA sent an email to the Department of Sport that day headlined "clarification of statement".
ASADA staff further discussed the new statement internally in emails on March 6 before the anti-doping body wrote to McLachlan on March 7 saying it had altered the document's wording.
Former Australian Prime Minister Julia Gillard was copied into emails in March 2013. Source: NewsComAu
A staffer in the office of former prime minister Julia Gillard is also copied into the March 7 emails.
As revealed in Wednesday's Herald Sun, McLachlan wrote back to ASADA on March 7 saying: "It is the AFL's, Essendon Football Club's (and its players and officials), and the AFL Players' Association's clear understanding that the Investigation and any subsequent actions will be conducted in accordance with your Original Statement.
Discussions between ASADA, the AFL and Department of Sport continued via email on March 8.
The AFL believes its dealings with ASADA were appropriate and in the context of putting in place a framework for the investigation, rather than fixing an outcome.
The original AFL-ASADA statement was distributed to the Essendon players on February 20 last year and will form a key plank in players' defences to show-cause notices issued last week.
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