Essendon players facing doping accusations will not join a court battle against ASADA’s investigation into the club’s 2012 supplement program.

The 34 current and former players fear being publicly named if they formally join Essendon and suspended coach James Hird in their bid to discredit the ASADA and AFL probe.

The players’ barrister, David Grace QC, told the Federal Court on Friday the players did not wish to join proceedings and agreed to be bound by the court’s ruling in the trial.

Justice John Middleton accepted the players’ assurances to accept his decision and ruled they need not join the trial.

But he asked Mr Grace to provide the court with a list of the players issued ASADA show-cause notices, which detail the doping allegations.

Mr Grace sought the list remain confidential and not be passed to the lawyers representing Hird and Essendon.
Both Essendon and Hird are arguing a joint ASADA and AFL probe into the club’s 2012 supplements program was unlawful.

They claim the AFL’s involvement compelled players to divulge information to ASADA under their contractual obligations.

ASADA lawyer Dan Star said they will argue that Essendon was initially a supporter of the investigation.
“It wanted this and assisted with this process as well,” he said.

Essendon and Hird have indicated they will rely on details from a presentation the AFL’s chief medical officer, Peter Harcourt, made at an anti-doping conference in Zurich.

Hird’s lawyer Nick Harrington said Dr Harcourt revealed the AFL joined the investigation in order to give ASADA “enormous power” to coerce the players into tell-all interviews.

The directions hearing ahead of the August trial continues.