Leading legal expert David Galbally says an appeal by ASADA on the AFL anti-doping tribunal's not guilty verdict for 34 past and present Essendon players would be a "gross waste" of public money.
"We've seen the way in which they (ASADA and WADA) have acted and reacted in the past. It wouldn't surprise me if they went off again and appealed," Galbally said on radio station SEN.
"I think it would be foolhardy and a gross waste of money, and public money for that, and if they did and they lost it then I think the federal government should have an inquiry into the effectiveness of both of those organisations because I think it should be just let lie as it is ... In my view it's a proper finding."
Galbally's comments come as ASADA's CEO Ben McDevitt fronted the media in Canberra with ASADA having deferred a decision on any appeal. ASADA has 21 days after the verdict to appeal it, and WADA a further 21 days after ASADA.
Galbally said the players who had received injections could bring a case for damages, but they may be advised to wait in case they, in the future, suffer physical problems that could be linked to the injections.
"One of the major components of bringing a case is that you've got to be able to prove some form of damage so that you can put it into dollars," Galbally said.
"At the moment it would only be psychological damage and the players may not want to prejudice any future proceeding by taking action immediately because no body knows what they were taking.
"The players were given something, there may be (physical) side effects (such as cancer) in the years to come and that may be able to be linked so players, if they decide to take legal action today, have to be mindful that maybe one day something may go wrong so it has to be balanced out ... although it would be arguable that it is a different claim, a different injury."
He said the AFL anti-doping tribunal's judgement that cleared the players of taking a banned substance did not exonerate Stephen Dank, who has to wait until after Easter for the tribunal's judgement on his role.
"Just because the players and club didn't know what was injected into the players doesn't exonerate him," Galbally said. "He's the only one who knows."
