ASADA fighting attempts for key documents in Essendon drugs scandal to be made public

THE Essendon drugs scandal has reared its ugly head with ASADA fighting attempts for key documents surrounding the players involved in the doping saga to be made public.

THE Australian Sports Anti-Doping Authority is fighting fresh attempts for key documents in the Essendon drugs scandal to be released.

Twenty of the 34 past and present Dons players caught up in the four-year saga were informed this afternoon of an appeal against a Freedom of Information request made by a member of the public.

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The FOI request surrounds doping control forms signed by Essendon players between August 2011 and September 2012.

They include the names and dates of the urine and blood tests conducted by ASADA on Essendon players during that period.

The players have been given the option of joining ASADA’s bid to keep the documents under lock and key.

An appeal will be heard in the Administrative Appeals Tribunal.

AFL Players’ Association executive Brett Murphy informed players of the latest development today.

“I hope you’re well, and apologies for needing to raise an issue which I’m sure many of you want nothing more to do with,” Murphy said.

“We have been approached by the Australian Government Solicitor (acting for ASADA) re: a Freedom of Information request made by a member of the public.

“The member of the public (who is, I should note, is sympathetic to the players) is seeking access to doping control forms completed by a number of current and former Essendon players.

“ASADA has rejected the request on the basis that the doping control forms contain personal information and that they are therefore exempted from the requirement to provide access.

“The member of the public has appealed this decision and the matter will soon come before the AAT which will rule on whether the member of the public will be given access to the forms.

“In accordance with the Freedom of Information Act, ASADA is required to notify you of this request, and give you the option to be joined to the proceeding and argue why the forms should (or should not) be disclosed.

“I have attached a letter from the Australian Government Solicitor to this effect (the letters to all 20 players were identical so for ease of sending I’ve attached just one of them de-identified, but can send you your personally addressed letter if you want it).

“If you want to be joined to the proceeding and argue why the forms should (or should not) be disclosed, please let me know by the end of the week.

“If you don’t wish to join the proceeding (as I expect will be the case for most if not all of you) you don’t need to do anything.”

In a letter to the AFLPA last week, the Australian Government Solicitor said the tribunal hearing was the “final avenue of merits review in the FOI”.

“If the tribunal sets aside the Information Commissioner’s decision, it is very likely the documents will be released,” AGS senior executive lawyer Justin Davidson said.