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Bombers scandal: charged, <redacted> and <infracted>


Jonesbag

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if they lose they will just appeal anyway

I've wondered about this. If Essundone lose and appeal, does that preclude ASADA from issuing show cause notices?

I would assume that win, lose, or draw the show cause notices are coming whether they like it or not.

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I've wondered about this. If Essundone lose and appeal, does that preclude ASADA from issuing show cause notices?

I would assume that win, lose, or draw the show cause notices are coming whether they like it or not.

I read somewhere (sorry) that if it was deemed illegal for ASADA to participate in the interviews ( to gain the AFL's right for an answer/ over the right to remain silent) that they still have the power to demand the AFL provide transcipts of the interviews.

In other words, if Middleton say's that ASADA exceeded their rights and the evidence ASADA garnered from those interviews being inadmissible then ASADA can still get the information from the interviews legally. (as if they were not in the room)

I would think Middleton would be fully aware of this. So the question of ASADA going beyond their powers may be moot.

Either way ASADA have stated that they can reissue show cause notices almost immediately after a judgement. They have kept thir powder dry, I'd expect the Bombers to blow up early next week. Hoofukkingray!

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I read somewhere (sorry) that if it was deemed illegal for ASADA to participate in the interviews ( to gain the AFL's right for an answer/ over the right to remain silent) that they still have the power to demand the AFL provide transcipts of the interviews.

In other words, if Middleton say's that ASADA exceeded their rights and the evidence ASADA garnered from those interviews being inadmissible then ASADA can still get the information from the interviews legally. (as if they were not in the room)

I would think Middleton would be fully aware of this. So the question of ASADA going beyond their powers may be moot.

Either way ASADA have stated that they can reissue show cause notices almost immediately after a judgement. They have kept thir powder dry, I'd expect the Bombers to blow up early next week. Hoofukkingray!

Only if Middleton does not stop them from doing so which McDevitt raised in an interview I posted a few pages ago.

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Only if Middleton does not stop them from doing so which McDevitt raised in an interview I posted a few pages ago.

How can Middleton stop them from performing their statutory duty?

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Check the article, McDevitt stated he will reissue the notices unless he is directed by the court he is unable too.

Not sure which article, but I would think ASADA are merely showing the court due courtesy.

It would be a brave Middleton to stop ASADA from moving forward on evidence of which he has no knowledge.

ASADA stated that they had plenty of other evidence.

I hear a ticking...... Perhaps all this talk of imminent terrorism is just knowing that the Bombers are about to blow.

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Not sure which article, but I would think ASADA are merely showing the court due courtesy.

It would be a brave Middleton to stop ASADA from moving forward on evidence of which he has no knowledge.

ASADA stated that they had plenty of other evidence.

I hear a ticking...... Perhaps all this talk of imminent terrorism is just knowing that the Bombers are about to blow.

There is another possibility.

Just as Middleton knows if he finds in favour of Essendon, ASADA can almost immediately gather the same information, he would also know that if he finds in favour of ASADA, Essendon will almost certainly launch an appeal - further delaying their due ars-kicking.

He might decide in the interests of a speedy resolution it's far more beneficial to find the evidence was gathered illegally and forcing ASADA to do it properly (which they can). It's dotting I's and crossing T's stuff, and that's the only way to get this sorted without Essendon interference/delaying tactics.

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http://www.abc.net.au/sport/offsiders/content/2014/s4073354.htm

GW: Do you hold to you previous determination that you will continue to pursue this case regardless of the ruling?

BM: Well I think very much depends on the findings, the recommendations, the judgement that would then flow from whatever Justice Middleton decides. That could have quite far-reaching implications for all of the parties involved here. Do I think it is the public interest to know what happened at Essendon in 2012? Absolutely I do.

GW: I detect that you're a little less strident today that ASADA will pursue the case against Essendon players regardless of the Federal Court outcome?

BM: Well Gerard as I've said I'm passionate about knowing what happened at Essendon in 2012. I think we need to actually know whether or not the environment of experimentation described by Switkowski was true. Did that actually exist? What I can't do is I can't say this will forge on regardless when I don't know what Judge Middleton is going to determine and when I don't know exactly for example if notices were permanently set aside, for example, and I would hope that wouldn't be the case but if that was the case then quite frankly I might be in a position where I'm legally restrained an unable to take certain other action but all I can say to you is yes, I believe it's in the public interest to know what happened at Essendon in 2012 and I remain committed to that as an objection.

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AFL.com says "concluded that Andruska was under pressure from ASADA and Essendon to come to a quick decision"

theage.com says "I have concluded that Andruska was under some pressure from the then federal government and the AFL"

So which did he say? Pressure from the AFL or pressure from Essendon?

Selective reporting from the AFLs media department?

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