Essendon, James Hird left to consider appeal over Federal Court case decision over ASADA investigation

Updated September 19, 2014 19:02:01

Photo: James Hird (L), Paul Little (C) and the Essendon Football Club have some hard calls to make after the Federal Court ruling. (Getty Images: Quinn Rooney)

Rocked by the Federal Court's declaration that the ASADA investigation was lawful, Essendon and James Hird are weighing up the decision whether to pursue an appeal.

At stake are the careers of 34 of its past and present players plus an increasing financial burden on the club.

The Federal Court's Justice John Middleton has ordered Essendon and Hird to pay for ASADA's legal bill believed to amount to about $1 million.

On the back of a $2 million fine handed down a year ago by the AFL for bringing the game into disrepute following the 2012 supplements investigation, the Bombers are carrying a debt believed to be in excess of $5 million.

The debt is largely due to financing of the Bombers' new Tullamarine training and administration facility.

But in its response to the unfavourable court verdict Essendon said its focus remains the welfare of its players.

"Our priority has always been to protect and vindicate the legal rights of our players and the interests of our players," chairman Paul Little said after the court decision was handed down.

"The club maintains its confidence that neither harmful nor banned substances were given to our players during the 2012 season.".

Whether that confidence transfers to an appeal or is shared by the players facing show cause notices remains to be seen.

After fighting to clear its name since February last year launching a further legal appeal may be a bridge too far for the Essendon club.

Hird also said his disappointment in the court's decision is for how it impacts on the players.

"I think this is about the players," Hird said.

Negligence actions, contract challenges still a possibility

There is the possibility the players themselves will will sue the club for negligence, an action being pursued by formers players emerged in the supplements scandal at NRL club Cronulla.

Indeed, Essendon could face the loss of players if they seek to leave over the club's handling of the supplements program and the subsequent investigation.

Earlier this month ruckman Paddy Ryder became the first player from the Essendon 2012 playing group to consider activating a clause allowing him to break his contract by claiming the club breached its duty of care to him, including health concerns.

ASADA, vindicated by the court's decision, said it would continue to work with sports to uphold clean competition.

"The only way to stay ahead of sophisticated doping regimes is to partner with sports: not exclude them from the process," ASADA said in a statement.

ASADA reiterated that the 34 current and former players still have a case to answer under the World Anti-Doping Code.

"Our aim has always been to expose what happened at Essendon in 2012 and we steadfastly remain committed to this."

Topics: sport, australian-football-league, law-crime-and-justice, courts-and-trials, melbourne-3000, vic, australia

First posted September 19, 2014 18:03:28