Tensions between the Australian Sports Anti-Doping Authority and the players issued with show-cause notices have escalated, with the anti-doping body declaring it "will not be dictated to".
The AFL Players Association confirmed on Thursday the 34 Essendon players re-issued with show-cause notices last week would not contest them and wanted the independent Anti-Doping Rule Violation Panel to assess the evidence within seven days. And ASADA chief Ben McDevitt then fired back.
He suggested the AFLPA had failed the players in terms of their welfare in 2012 when the Bombers' supplements program was in full swing.
"In the six months I have been at ASADA I have had the club, the coach, the AFL Players' Association, various other legal entities, plus other interested parties all voice their views as to the management of these matters," McDevitt said.
"While all claim to represent the interests of the players and/or Australian sport, the advice as to remedial actions varies dramatically.
"In my role as protector of clean athletes in Australia, my advice to them is that if they want to act in the best interests of the players they should review the 12,000 pages of evidence and follow due process.
"I only wish that such interest in player welfare had been present in 2012."
An ASADA statement said: "ASADA chief executive officer Ben McDevitt said ASADA will not be dictated to by the AFL Players' Association, its lawyers, or anybody else."
The statement continues: "ASADA has written to the players' lawyer to remind him that the demands are inconsistent with the mandatory provisions of the National Anti-Doping scheme and, as such, ASADA is unable to agree to them.
"ASADA reminded the players' lawyer that the ADRVP is a separate and independent body to ASADA and the CEO has no legal power to direct the function of the ADRVP or to dictate the timing of its consideration of cases.
"ASADA also reminded the players' lawyer that a number of their demands for fast-tracking the process were within the control of the AFL, and not ASADA. The CEO of ASADA does not have the power to direct the AFL to expedite anti-doping cases before its tribunal."
McDevitt also hit back at comments made by AFLPA chief Paul Marsh that "the evidence should have been provided when the show-cause notices were originally issued in June".
"Due to the Federal Court action by the Essendon Football Club and its coach, James Hird, in June where they challenged the lawfulness of the evidence obtained by ASADA, it was appropriate for ASADA to delay the delivery of evidence in these matters until a judgment was handed down," the ASADA statement said.
"In the normal course of events, the comprehensive summary of evidence provided to players in the amended 'show-cause' notices in October would have been available to players back in July.
"ASADA is as keen as anyone to finalise these matters, but it will not risk the proper consideration of these serious matters for the sake of speed."
Desperate to end the saga by as early as December, the 34 accused Bombers have given up their right to contest the show-cause notices issued to them by ASADA at the ADRVP.
They have instead challenged AFL general counsel Andrew Dillon to review the evidence accusing them of taking the banned substance Thymosin beta 4 and issue infraction notices.
The drama which has taken over the lives of players for the past two years now seems destined to conclude with a full hearing of the AFL anti-doping tribunal, perhaps as early as late November, where the AFL would have to prosecute the case.
AFL Players Association lawyers confirmed on Thursday that they did not believe the evidence contained in the show-cause notices was compelling enough to prove an anti-doping violation.
"The players remain steadfast in their belief they have done nothing wrong," Marsh said.
It is now seems even more unlikely that the players, who for the time being remain united, would accept a "deal" from ASADA, given Thursday's statement comes after a full review of the evidence.
In one of the AFLPA's most strongly worded statements, Marsh warned that "the onus of proving the allegations against the players … rests with the AFL".
"While ASADA is only required to demonstrate to the Anti-Doping Rule Violation Panel a 'possibility' of a violation, the much higher standard proof of 'comfortable satisfaction' is required to be proved by the AFL at the AFL anti-doping tribunal," Marsh said.
"The players want this matter resolved quickly and fairly. It is time to bring this matter to an end."
Pointedly, the AFLPA also reminded the AFL and ASADA that the saga had already taken up 21 months, "about half the average AFL player's career", and that the prospect of having the drugs saga enter a third season without resolution was "simply unacceptable".
The players have called for ASADA to bring the matter before the ADRVP within the "next seven days", where ASADA's McDevitt will forward his recommendations from the investigation to the panel as well as the players' response.
But given there is no response from the players, the panel will almost certainly put the accused 34 on the "Register of Findings", handing the matter over to the AFL.
The AFL and Dillon are likely to issue infraction notices, at which point the Essendon players would then request for their cases to be heard by the AFL anti-doping tribunal.
Given the evidence against ASADA is individually tailored to each player, it remains unclear how long the AFL tribunal stage would last.
The players hope to have the matter resolved before Christmas, hence their urging of ASADA on Thursday to fast-track the process into the hands of the AFL.
"ASADA has been requested to simultaneously provide the AFL general counsel and the players' legal team with all the documentation and evidentiary material it has in this matter so that the matter can be dealt with in accordance with the AFL anti-doping code," Marsh said.
"The players affirmed their commitment to seek an expeditious process to give them the opportunity to remove the cloud that has hung over them for almost two years."
Player representatives have told Fairfax Media that the show-cause notices – which average 350 pages of evidence per player – had failed to unearth any "smoking gun" not previously known by the players.
ASADA has remained steadfast in the belief that its evidence is strong enough to sustain a charge, having been independently reviewed.
