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Essendon players 'likely took banned substances'

AAP

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Essendon Chairman Paul Little reads out a statement to waiting media outside the Federal Court in Melbourne where the club and the ASADA were convening. (AAP Image/Joe Castro)

Essendon Chairman Paul Little reads out a statement to waiting media outside the Federal Court in Melbourne where the club and the ASADA were convening. (AAP Image/Joe Castro) AAP Image/Joe Castro

There was a "high level of likelihood" that Essendon players took banned substances, according to notes taken by ASADA.

The notes on the Essendon players read "high level likelihood taken banned substances" and, in another, "terrified about futures", according to documents released by the Federal Court.

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Former Australian Sports Anti-Doping Authority chief executive Aurora Andruska took the notes during a meeting with the AFL in February last year.

She also recorded the fact the AFL's then operations manager Gillon McLachlan did not believe the controversial peptide AOD-9604 was illegal.

"View AOD-9604 not prohibited," Ms Andruska's wrote under the headline, Gillon, taken in a meeting in June.

Mr McLachlan, now the AFL CEO, also wanted to "protect players and institution of the club", according to the notes.

The notes form part of Ms Andruska's affidavit in the anti-doping body's court battle with Essendon, which was released on Thursday alongside the affidavits of suspended Essendon coach James Hird and ASADA investigator Aaron Walker.

Mr Walker's affidavit features an ASADA investigation plan which contradicts Mr McLachlan's view of AOD-9604, declaring it a banned substance.

Federal Court Justice John Middleton yesterday reserved his decision on whether the ASADA and AFL investigation into the Bombers' 2012 supplement scandal was legal.

Ms Andruska's affidavit also reveals she became concerned the AFL was planning to publicly release the interim report into its investigation which ASADA provided the league in August 2013.

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It prompted her to send legal advice urging the league to keep it confidential.

"Any public disclosure of the interim report or use in a public hearing would be contrary to the NAD (National Anti-Doping) Scheme, the Privacy Act 1988 and the basis on which it was supplied to the AFL," the letter said.

After the report was provided to the players' association, ASADA sought and received a written assurance that it would not be released to anyone else.

ASADA also sent a letter to the AFL saying that the interim report should not be the basis of the league taking disciplinary actions against the club or personnel.

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The AFL's general counsel, Andrew Dillon, responded that it would be completely appropriate for that to happen as the two bodies had similar aims.

ASADA has said it will reissue doping allegations against Essendon players if Justice Middleton rules against it.

But Essendon chairman Paul Little says he will go to Sports Minister Peter Dutton in a bid to bring the 18-month saga to a close, should the court rule in the club's favour.

"I will ask him to try and find a circuit breaker," Mr Little told Fairfax Radio today.

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"The whole community has got to deal with this investigation and if the sports minister is able to help us find a way through it, I think that would be in the best interests of everyone."

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