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THE ESSENDON 34: ON TRIAL


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Now that Hird appeal is lost

Does that mean the ASADA case will proceed any more quickly?

Will an outcome be reached before the NAB cup?

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Hird has to pay ASADA costs.

Hope they are considerable.

Was the length of preparation and presentation overdone to inflate the costs?

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2:34pm:

James Hird got lots of legal advice .... most very expensive ... some gratuitious ... but all wrong. Now we can turn to the real issues.

— Richard Ings (@ringsau)
January 30, 2015

2:33pm:

"We will continue working out the tribunal process" Paul Brasher, Essendon Vice-President.

— Seb Costello (@SebCostello9)
January 30, 2015

2:32pm: If Hird wants to proceed with the matter, he will need to seek leave to appeal to the High Court.

2:24pm: Appeal dismissed, and appellant must pay respondent's costs.

The judgment was unanimous.

2:21pm: Hird and players were all legally represented at the interviews.

2:21pm: There was no unlawful disclosure of information to the AFL in the interview of 34 players or Hird.

There was no procedural unfairness.

Argument about lack of free consent rejected.

2:20pm: The court rejects Hird's arguemnt because the decisionwas authorised by the ASADA Act and the NAD scheme.

Legislative scheme encoruaged ASADA to act with sporting bodies.

2:17pm: BREAKING: James Hird's appeal has been dismissed.

2:15pm: The gavel is knocked, and the court is in session.

2:14pm: There is only one representative of Essendon on hand today, the club's chief marketing officer Justin Rodski.

3.23pm Members of the legal profession seen singing and dancing in the streets arm in arm with their bank managers.

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Predicable result.

I have heard a number of people in the media, well at least two (tom ryan - a film critic - who compared Hird to Lindy Chamberlain in terms of how he has been vilified unfairly and Tracey Holmes - who is very anti ASADA/WADA and the emphasis on players needing to prove innocence as opposed to ASADA proving guilt) say the treatment of Hird has been shameful and that some apologies may need to be made when things all wash up.

Who knows perhaps they will be proven correct. I doubt it but let's see on that front. But i have not heard one journo suggest that perhaps ASADA and the AFL are owed an apology. Both were roundly criticised for the process they undertook however Middleton went out of his way to suggest that ASADA had implemented a very effective process and this appeal affirms Middleton's view that the legislation actually encourages ASADA to work in close collaboration with sporting bodies (best practice anyone?).

I remember Demetriou being slammed for his comments that the approach used by ASADA and the AFL would be a template for other orgs to follow. Perhaps he was right after all. I wonder if he can expect an apology from Yobbo et al?

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The process now will be fairly much as predicted. Hird will be fired by the Dons almost immediately. He will sue them. The players will strike (what else can they do?) and the AFL will come to a negotiated settlement to allow their preseason tournament to continue and within the next month or so the 34 will hear their fate from the AFL Tribunal (will be nothing more than a wet lettuce penalty) and the players will be able to continue to play. What they don't seem to realise is that penalties eventually handed out by WADA are likely to be backdated to the time they last played, thereby forfeiting the advantage of the offseason.

I feel sorry for the players - they have been seriously mislead by Hird and Essendon, but their fate awaits them and it will be very ugly. The train has now left the station, the wreckage is coming!

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Another thing. I don't understand the logic in suggestion Hird should or could now be sacked. I don't see how losing the appeal changes anything. He still flat out refused to tow the party line and processed with the appeal against EFCs wishes. Winning or losing the appeal does not change that.

edit: posted this before reading Dees2014's post. Dees2014 what is the basis for your conviction Hird will be sacked?

Edited by binman
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I have heard a number of people in the media, well at least two (tom ryan - a film critic - who compared Hird to Lindy Chamberlain in terms of how he has been vilified unfairly and Tracey Holmes - who is very anti ASADA/WADA and the emphasis on players needing to prove innocence as opposed to ASADA proving guilt) say the treatment of Hird has been shameful and that some apologies may need to be made when things all wash up.

From a person that has not delved into the detail like some on here I would suggest that Hirds treatment has been anything but shameful. My issue with him is he has had little interest in "what did our players take and what it illegal ( and more importantly harmful)". To my outside eyes looking in, he has fought this issue entirely on process.

It's like a person being a suspect in a murder, the police enter his house, see the weapon and a taped confession on his video - but the accused fights the case on a flaw in the police's search warrant.

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The process now will be fairly much as predicted. Hird will be fired by the Dons almost immediately. He will sue them. !

What has specifically changed that would lead the Bombers to sack Hird now and on what contractual basis can they do it? I think EFC have already explored that route some time ago and realised that Hird would sue them for King and country.

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