EXCLUSIVE: THE AFL and Federal Government cut a private deal in February for ASADA to "explore all avenues" to spare Essendon players from suspension over the systemic use of supplements last season. The deal is outlined in a document obtained exclusively by
The Daily Telegraph.
Its existence has outraged NRL officials, who suspected the AFL had received favourable treatment from ASADA and the Federal Sports Ministry shortly after the drugs-in-sport investigation was announced on February 7.
When NRL chief executive Dave Smith initially learned of the deal he was fuming, raising it with ex-Prime Minister Julia Gillard in March.
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The revelation of the private deal, which excluded the NRL, comes less than a week after sections of the Melbourne media began a campaign blaming ASADA for providing incorrect advice in relation to Essendon's use of AOD-9604, suggesting the anti-doping watchdog informed the club it was not prohibited.
Less than two weeks after the Australian Crime Commission released its report into drugs in sport and organised crime on February 7, the AFL deal was drafted to give Essendon players "an immediate level of comfort".
Dated February 20, the document informs the players, some of whom are alleged to have had multiple injections of AOD-9604, about their chances of receiving a "complete elimination of sanction" pursuant to the "no fault" or "negligence" defences.
Outlined in the nine separate dot points, the document begins: "ASADA met with you on 18 February 2013 to give you an overview of the (sic) ASADA's investigation process and of the possible outcomes of the investigation.
"Today (20 February 2013), we have come back to you to take you through an agreement we have reached with the Australian Football League about how the investigation is going to proceed from this point.
"The AFL understands that the investigation is likely to be protracted, complex and lengthy. To provide an immediate level of comfort for Essendon players it is proposed that the following assistance be given to the players."
The nine heads of agreement are then stated, assuring players they will be given every chance to escape the mandatory two-year ban for illicit drug use.
"ASADA will explain to the players that these are exceptional circumstances and the defence of no fault or negligence may be available," the letter reads.
"It will be explained to the players that under a no fault or negligence defence a player can receive a complete elimination of sanction.
"Where a player does come forward and provides a sworn statement regarding his involvement or the involvement of any other person, ASADA and the AFL will fully explore all avenues in an attempt to provide a no fault or negligence defence or substantial assistance.
"ASADA agrees that a significant contributing factor in the consideration of a no fault or negligence defence will be the extent to which players knew or suspected they had used prohibited substances at the instigation of sports science staff and took utmost caution in relation to the treatments they were receiving.
"Where ASADA forms the view that the defence of no fault or negligence is available in relation to a particular player, ASADA and the AFL agree that they will support the application of that defence to that player in proceedings before relevant sports tribunals."
The "no fault" defence is only granted in exceptionally rare circumstances, such as an athlete being treated with banned drugs while unconscious.
In contrast, Cronulla and the NRL were only offered the lesser "no significant fault" defence that reduces bans to a minimum of six months.
AFL chief executive Andrew Demetriou said Sunday night: "The AFL met with ASADA and representatives of the Federal Government to establish a framework to enable the investigation to proceed and be completed with full cooperation of the Essendon Football Club and the Essendon players.
"All parties have complied with this framework to date. This framework did not provide for any guaranteed outcomes re recommendations or sanctions."
ASADA said Sunday it had never offered a zero sanction to any athlete or support person.
ASADA's investigation into Essendon is being finalised, with an outcome expected next month.
In contrast, the probe into Cronulla and 21 other current NRL players is expected to take much longer after all interviews were suspended in May.
The NRL will this week announce the restart of a series of interviews with Sharks players from next Monday.
