ASADA counsel, John Marshall SC, denied such a deal would be possible but the following day provided advice to Cronulla's legal team, led by Trish Kavanagh, that this was not the case. He was so chagrined by the revelation of a possible zero sanction to Essendon he told Cronulla counsel he was withdrawing from representing ASADA, for whom he had acted for 20 years.
At the time 14 Cronulla players were considering their options, with 12 expected to accept guilt in the belief ASADA would propose a reduced six-month ban. Another two players were tipped to follow. But negotiations stalled as a result of the exposure of the Essendon deal.
Lawyers acting for the Sharks are furious because the settlement could have seen the players back on the field by September. Now, however, the players are acting individually with their own lawyers, ruling out any prompt, joint resolution. During the tense meeting, Marshall indicated it would not be possible for the two codes to be treated differently and ASADA officials present nodded accord.
The next morning, on March 5, Marshall revealed to counsel acting for Cronulla that he had been inadvertently misled and admitted there were preferred terms for Essendon. He said he had become aware of a letter to Essendon, and when Cronulla's counsel asked for it to be forwarded to them, Marshall did so. The letter, written in fluent legalese, made it clear that if the Essendon players met all of the qualifications asked, a zero sanction would apply.
