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Dean Bailey tells the AFL he didn't order players to lose


Alf Stewart

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I agree, the MFC should take action against Caro - obviously once this is wound up and her claims haven't been proven

I think the club should just leave things alone especially once the claims are not proven, why bother, if CS & CC want to take issue with her then they should.

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libel [ˈlaɪbəl]

n

1.
(Law)
Law

a.
the publication of defamatory matter in permanent form, as by a written or printed statement, picture, etc.

b.
the act of publishing such matter

2.
any defamatory or unflattering representation or statement

If Wilson is relying on witness statements/sources she will have to produce them and if the statements/sources themselves are incorrect she will have to show on what basis she considered them to be correct. I don't think the defence of "he told me it was true" will help her, particularly if it wasn't.

Touche.

I wouldn't be spending time and money on a defamation action against Wilson. Our major focus after this "tanking" issue plays itself out should be the team we put on the field and getting it to a point where it can compete with the better clubs and aim to play finals football again as soon as possible. Suing Wilson would be a distraction our club doesn't need.

Disagree; if the board thinks/knows it is highly winnable, I say go for it. In the hands of lawyers, no distraction for the club. The Age will settle; more $s for club.

I say: "don't get angry, get even".

We as a club have had sand kicked in our face for far too long. Map out a plan, then slowly, determinedly put it into place and make them pay; leave the press out of it, just go after them quietly, methodically and ruthlessly.

Time to be ruthless, but fair, on and off the ground.

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I wouldn't be spending time and money on a defamation action against Wilson. Our major focus after this "tanking" issue plays itself out should be the team we put on the field and getting it to a point where it can compete with the better clubs and aim to play finals football again as soon as possible. Suing Wilson would be a distraction our club doesn't need.

We are in the premiership business not the litigation business and with my limited legal knowledge I would be surprised if any such action would be successful and would thus be a waste of time money and energy.

Neeld's aim is to make the club about "football"

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I agree that we should start proceedings against CW, it would probably not cost a lot to at least start proceedings, it has to get her (and hopefully her editors) a little worried about the possibility of loosing as well as no one can ever truely feel safe in our legal system. But if we do so, can we at least leak the story to another rag first!

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Wilson is an experienced journalist who would be able to support her article from her sources/ references to what went on.

She has also aired an opinion based on the evidence she has been given by sources.

i would really doubt at this stage she is in "any strife" for being a journalist.

I leave to Redleg/Jack who are lawyers to determine any civil exposure. I am not sure I have seen any litigant issue of libel or defamation.

And its too early to tell as the investigation is still to close.

You are probably right - unfortunately.

In Schwab's case at least however, the evidence goes far beyond one article or one issue in 2012 but extends back years - even to absurd inferences about fully secured home loans.

In order to silence their critics the AFL along with Caroline Wilson came up with an outrageous claim that we the Melbourne Football Club had tanked.

Without evidence to back her up and without a report going to the AFL she, the AFL and the Media have conspired to run with a campaign that they claim is about honesty and accountability, where in truth the campaign was run to vilify those of the MFC and those who disagreed with them to help distract from other issues facing the AFL

We as a club have been subjected to a smear campaign without precedent with media headlines circulating without basis in fact or proof to back them up.

Just innuendos and Falsehoods aimed at damaging the MFC .

Don't kid yourself the AFL wants someone to take the fall if it's not the MFC then it will be Caroline Wilson for running a trial by media campaign . You can back one thing in the AFL will accept no responsibility no matter what the outcome ,it will not be their fault.

I hope that the MFC though once this is bought to a conclusion will not roll over but will take it the whole way to seek redress for what has occurred by whoever passes judgment and by whom is ultimately found responsible for this trial by media debacle

Would be nice - but I'm afraid it won't happen.The AFL need the media's support

I think the club should just leave things alone especially once the claims are not proven, why bother, if CS & CC want to take issue with her then they should.

Agree with this. Nothing for the MFC to gain. But for the sake of their families etc. CC and CS need to carefully consider their rights

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If I was CC I would sue.

The only reason I want us in a court room is to fight any sanction that might be handed down. If that is as inevitable as CW thinks (or is tryin to ensure) then we should fight that as far as we possibly can.

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I heard one of the leading defamation QCs in Australia speak on defamation law a few years ago.

His theme was this: If you are thinking about suing for defamation, sit down, have a nice whiskey and come up with a better idea.

PS a company cannot be defamed, only a person.

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I can't believe the positive response Dean Bailey's recent revelations have received on Demonland. Cleary he failed to follow the directives of the Board.

It's pleasing to see the interest the Dodges Ferry Gazette now has in all things related to the Dees since Jeremy Howe's move to the big time. Their article yesterday takes a refreshing look at the tanking debate and also reveals that the club has been more active than we have been lead to believe:

The Melbourne Demons have announced that they’ve launched their own internal investigations. The recent avalanche of media analysis centred on the 2009 season has prompted the club itself to re-visit tape of the second half of the season and they've discovered more evidence of strange moves coming from former coach Dean Bailey. After Port Adelaide defeated Melbourne by ten goals in round 3 of the season with Danyle Pearce one of the best on the ground with 28 disposals and a goal, the Dees coach incredibly decided to tag Pearce in the round 15 re-match keeping him to just 18 ineffective possessions in a turn-around 11 point victory. The win meant Melbourne moved to within just eight premiership points of eliminating their priority pick claims. With Carolyn Wilson's impeccably sourced and uncontested public claims that Melbourne management had directed Dean Bailey to lose football games, it is difficult to fathom why the coach would tag one of the opposition's most dangerous players and in the process place the much hyped priority pick in jeopardy.

Melbourne investigators have also voiced internal concern regarding the accuracy of the team during their 20 - 7 - 127 to 9 - 10 - 64 demolition job of Fremantle in round 20. The final nail in Dean Bailey’s coffin appears to be the near 100% playing time given to game high goal kicker Russell Robertson in Melbourne’s round 14 victory over the West Coast Eagles. Robertson had kicked 4 wonderful goals and Bailey was seen to shift uncomfortably in his chair before refusing to reach for the phone to pull Robertson from the field.

Melbourne officials are confident that these new revelations will provide their legal team with all the necessary evidence to ensure much of the payout given to Bailey upon his axing is returned. The club has received advice that confirms Bailey’s clear lack of adherence to the directives of the board breaks an important clause in his contract and it is expected Bailey’s payout refund will be welcomed by the current football department as they move quickly to bolster their ‘war chest’ with a big money move for recently delisted Bomber Kyle Reimers now expected.

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If Wilson is relying on witness statements/sources she will have to produce them and if the statements/sources themselves are incorrect she will have to show on what basis she considered them to be correct. I don't think the defence of "he told me it was true" will help her, particularly if it wasn't.

Cute definition. Now who has she libelled or defamed and who is going to waste their money in Court on chasing such a flimsy case. And if there is any action it is gong to be defended by Fairfax that published it. You need to think through the hoopla.

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I heard one of the leading defamation QCs in Australia speak on defamation law a few years ago.

His theme was this: If you are thinking about suing for defamation, sit down, have a nice whiskey and come up with a better idea.

PS a company cannot be defamed, only a person.

Indeed have a nice whiskey and save tipping money into lawyers bags. Sorry Jack.

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It is? I thought it was to report the news, not create and drive it. With inaccuracies and innuendo.

It's also her job to write opinion pieces, but not attempt to disguise them as news, and use "facts" to back up your opinion that you yourself have created through either misunderstanding of the real facts or something else more sinister.

Again, thats what she should be doing. But you and I know both know the art of journalism has moved to gutter churnalism.

Its her job to write articles which sell papers - apparently quality articles arent important anymore, but articles which get peoples attention.

Sad sad days.

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There's no need to pursue CW in the courts, if the club emerges without punishment after the investigation is done. It would be a terrible look for the club and the prospect of success probably wouldn't be that high. She could easily put a case forward that she was just doing her job and there are enough weasel words in her articles to cover herself.

Once the matter is settled, the club should just draw a line under the whole sordid affair, consign it to the dustbin of history and get on with preparing for 2013 and beyond.

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the bigger picture is that Wilson COULD be in a lot of strife.

She went early and very hard on what now looks to be shaky evidence.

That said. I don't think we are even near finishing this yet.

But if i was CS or CC i would keep a long memory.

Absolutely agree 100%. It will be a long time till this i over, and I have a feeling it will be one of those issues that will never fully go away.

She went way to hard, and I'm really surprised that it got the tick of approval.

They shouldnt give her the time of day in the future. I mean whats the worse that could happen? I think we have safely established she isnt our biggest fan ;)

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the bigger picture is that Wilson COULD be in a lot of strife.

She went early and very hard on what now looks to be shaky evidence.

That said. I don't think we are even near finishing this yet.

But if i was CS or CC i would keep a long memory.

I guess IF 'action is taken against her' she could well roll out the old misogyny card, just as others who find themselves in deep trouble have done recently.......that is an allegation always easy to make and very hard to shake off, even if the so called 'victim' of the 'misogyny" is being attacked for their incompetence and deceit rather than their gender.
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There's no need to pursue CW in the courts, if the club emerges without punishment after the investigation is done. It would be a terrible look for the club and the prospect of success probably wouldn't be that high. She could easily put a case forward that she was just doing her job and there are enough weasel words in her articles to cover herself.

Once the matter is settled, the club should just draw a line under the whole sordid affair, consign it to the dustbin of history and get on with preparing for 2013 and beyond.

.....and blackball CW forever. On the other hand her attack has also been pretty personal against CS, and it could be possible for him personally to seek redress.
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Cute definition. Now who has she libelled or defamed and who is going to waste their money in Court on chasing such a flimsy case. And if there is any action it is gong to be defended by Fairfax that published it. You need to think through the hoopla.

That is the definition didn't you know that?

Do I have to do all your thinking for you? Maybe try to figure it out for yourself; it's not hard.

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Have I missed something.... other that CW being quiet for a couple of days and Bailey coming out saying he didn't tell players to tank. Is that it? Is this why people are getting a little cocky about the tanking outcome?

Not wanting to be a wet blanket but no one really know what Anderson and his cronies have actually discovered. It could very likely be nothing, and could be inclusive,.. but we don't know. It isn't over yet though.

... wish it was though :(

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Have I missed something.... other that CW being quiet for a couple of days and Bailey coming out saying he didn't tell players to tank. Is that it? Is this why people are getting a little cocky about the tanking outcome?

Not wanting to be a wet blanket but no one really know what Anderson and his cronies have actually discovered. It could very likely be nothing, and could be inclusive,.. but we don't know. It isn't over yet though.

... wish it was though :(

I dont think everyones attitudes has changed. The pessimists, like CW, have just become quieter

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I wouldn't be spending time and money on a defamation action against Wilson. Our major focus after this "tanking" issue plays itself out should be the team we put on the field and getting it to a point where it can compete with the better clubs and aim to play finals football again as soon as possible. Suing Wilson would be a distraction our club doesn't need.

The club won't sue, because it legally can't.

I wouldn't be surprised if action was taken by individuals, however. If, and of course at this stage it's solely an if, we end up coming out of this with a finding that we didn't tank, and CC and CS keep their jobs, and if some of what Caro wrote starts to come out as being hyperbolic and/or untrue, then there is going to be scope for CC and CS in particular to want to protect their reputations. That last piece of hers completely ridiculed them, and as she continues to attack the club, those attacks continue to get at their morality, reputation, and integrity.

It's all their choice of course. I'm just interested to see what comes of it all, as I am increasingly of the view that we'll be OK, and if that's the case, what follows will be intriguing to say the least.

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