Legal action an option for Essendon players, says agent Peter Jess

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Veteran player agent Peter Jess has called for AFL chairman Mike Fitzpatrick to step down and says disgruntled former Essendon players may have no choice but to follow the legal action initiated by Hal Hunter.

Jess, the manager of former Bomber Nathan Lovett-Murray, says he still does not know what supplements were injected into the former half-back through the Bombers' 2011-12 supplements program.

He said Lovett-Murray was injected 20 times on one day and "we still don't know what that substance was despite the case of thymosin beta 4 falling apart".

The 34 former and current Bombers charged with being administered the banned drug thymosin beta 4 were cleared by AFL anti-doping tribunal chairman David Jones on Tuesday. ASADA's lawyers could not satisfy to a "comfortable satisfaction" through the chain of evidence that the players were given the drug.

A Bombers fan shows his support for James Hird near the club's headquarters on Tuesday.Credit: Getty Images

It was a monumental decision, for it came more than two years since the Bombers self-reported to the AFL and the Australian Sports Anti-Doping Authority. Through this ugly period, the Bombers were fined, stripped of premiership points and draft picks as a result of governance failures, while coach James Hird was suspended for 12 months.

AFL Players Association chief Paul Marsh echoed Jess' comments, declaring: "This decision does not absolve the Essendon Football Club of blame. Players were placed in an unacceptable position that put their health and careers at risk."

A frustrated Jess said the "the position of the AFL Commission is untenable".

"Mike Fitzpatrick must go. He can't stay in the job. This is a complete debacle," Jess said.

"The AFL Commission has doled out bonuses to its executive staff of about $7 million in this period, yet how can they say corporate governance has been met? I am not sure we can recover ground with the general public.

"We still don't know the truth. As of 1.30pm today, the players' association was telling me they still don't know what the players were injected with. The AFLPA told me they may never know what happened.

"Players still have a life sentence. They don't know what was given them. Everyone needs to be accountable. I think Hal Hunter is on the right track and the only way we are going to find out the truth is in the court system."

Hunter, a former rookie-listed player, has launched action in the Supreme Court - despite not being one of the 34 players issued with an infraction notice.

Hunter argues that relief "including for negligence" could be sought from the Bombers for implementing "a scientifically pioneering program relating to the administration of supplements to players".

"This program exposed players, including the plaintiff, to significant risks to their health, safety and general wellbeing as well as the risk of using prohibited substances," an affidavit by Hunter's lawyer Jim Constantinou said.

Jess has spoken with Constantinou, a partner of Melbourne-based firm Schetzer Constantinou.

"I have spoken to Hal's lawyers. It may make sense to follow on with him. Another six players, former players at the Bombers, also want to know what's happened," he said.

"I think the court process is the only place we are going to find the truth. People could then be compelled to give evidence, subpoenaed. This could well be the AFL's worst nightmare."

Hird's former spin doctor, Ian Hanke, took to Twitter to voice his pleasure in the decision.

"This creates an opportunity to thoroughly review the structures and governance of the AFL who have been found wanting in this grubby exercise," he said.

"Lives ruined, reputations trashed. The AFL executive should be called to account as should the AFL Commission. And remember how Demetriou rounded up the 17 club presidents to pressure [Paul] Little and the EFC. What have they got to say for themselves?"