Documents released by the Federal Court have reinforced the AFL's determination to use the interim Australian Sports Anti-Doping Authority report to punish Essendon over its supplements program.
The Bombers and coach James Hird have argued the AFL improperly used the report, written predominantly by ASADA investigator Aaron Walker, last year to hand down the harshest penalties for governance breaches in league history.
Hird and Essendon argue the report should only have been used for any alleged anti-doping claims.
The report was given to the AFL on August 2, 2013, but former ASADA chief Aurora Andruska said she became "increasingly concerned" it was to be used by the AFL for other purposes, sparking a series of letters between the two organisations.
In Hird's 22 pages of redacted catalogue of factual findings he believes the court should make, released by the court on Wednesday, he points to a July 16, 2013, meeting where AFL integrity unit chief Brett Clothier "made clear what the AFL wanted included in the report and the uses to which it would put the information".
Under the heading, "Outcome: Uncontrolled environment at Essendon", Clothier wrote: "The AFL is not looking for conclusions or commentary on the uncontrolled environment. The AFL required the information/evidence collected through the interview process to be assembled in a way that paints a picture of the controlled EFC environment – to a large extent provide information [evidence to support] the Ziggy report which is all conclusions.
"The AFL also wants the report to include any evidence that the EFC was duped – notwithstanding its incompetence to protect themselves and the EFC against such threats.
"The AFL considers the report to be one of a number of items that the AFL will be considering in determining appropriate action against the EFC."
The Ziggy report was the damning internal probe former Telstra chief executive Ziggy Switkowski conducted at Essendon.
Hird's submission says two or three days later, Clothier was granted access to the report. Five days later, Andruska had a meeting with former AFL chief Andrew Demetriou, the AFL's general counsel Andrew Dillon and Clothier. In her notes, she says: "Demetriou did not want any redactions in the report. Mr Demetriou stated that '2 or 3 things cannot afford to be made public'."
Demetriou is also alleged to have said: "On track for 17 August ... I can deal with individuals ... charge Essendon in 2-3 weeks ... AFL Commission know the matter ... decision cannot be appealed ... allows one month to deal with the club ... deal with club before the finals."
The AFL did not use the report to lay its August 2, 2013, charges, but evidence gathered from ASADA and the league through the investigation was. Essendon and Hird allege the investigation into its supplements program was a joint one and, therefore, should be voided as ASADA should have acted as an independent body. They argue ASADA acted beyond its powers.
They also want the show-cause notices given to 34 past and present players to be permanently abandoned, a point the players' counsel, David Grace, QC, reinforces in his submission, also released by the court on Wednesday.
Grace says the players were not awarded the option of declining to be interviewed by ASADA and AFL investigators last year.
ASADA says it worked within its legislation and Essendon had welcomed the investigation.
Justice John Middleton is still weeks away from giving his ruling on the investigation's legality.
