Whispering_Jack

... and .. Firstly, the fact that the judge is pointing these things out shouldn't be taken as indicative of the fact that he's made up his mind. I've seen plenty of instances of judges or magistrates sounding like they're favouring one side during a trial or hearing but coming out with an often unexpected decision the other way.Secondly, the EFC and Hird have an arguable case that ASADA might possibly not had the power to conduct the investigation in the way that it has done but I'm not impressed by the argument that it was tainted to the point where the work done by ASADA should be buried away in the manner that the Applicants want it to happen. Apart from the main arguments we've heard there is the fact that the investigation continued several months beyond the part where the AFL was involved and included what I regard as the possible "remedial" work done after Judge Downes was called in. Then there's the public interest involving the basic question of whether players were in fact injected with banned substances i.e ascertaining the truth which is what James Hird constantly told the public was his main aim but which does not appear to be the case based on what we've heard in the past two days. I don't believe any of the parties are coming out of this with any honour or glory. ■ ASADA - has been shown up as your typical bureaucracy understaffed and under equipped, run by people of questionable competence and work ethic. That description applies to a number of government departments which I've come across so please forgive my cynicism on this subject when I suggest that given the above, Andruska comes across as the perfect head of this organisation. I described her elsewhere as a Geoffrey Boycott type, dour and defensive but that's all ASADA could really afford. A Greg Chappell type would be well beyond this organisation's budget but that's the reality of life in this area. The cross examination of Andruska undoubtedly brought out the fact that her department doesn't particularly carry out its role efficiently or competently but, on the other hand, I don't believe that it achieved its aim of convincing us or the judge that its conduct went as far as to indicate that it acted beyond its power. ■ AFL - what we know about this organisation and its leadership is being reinforced. They act always in their own self-interest, are tough-minded, manipulative and will do what's necessary to protect their own brand. Their mantra is integrity but, as we saw with tanking, they will act with integrity only when it suits them. Demetriou has been applauded for ensuring the AFL was in a far stronger position financially at the end of his term of office than when he started but I suspect that he will also be remembered for presiding over this and other fiascos in an embarrassing fashion and the game and the competition are already suffering as a result. ■ The Gillard government. The politicians who ran this show and brought it to the public notice in February 2013 undoubtedly come across as the most pathetic of all of the participants in this disaster for Australia and its sporting image. ■ EFC - I'm sure that both Evans and Little believed they were doing the best for the club. The change over from one to the other is proving to be a millstone around its next and nothing good can come to the Bombers as a result if its chemical experimentation of 2012. ■ James Hird. Speaking of millstones ... ■ The players. You have to feel sorry for them but they are no different to many other athletes who have become embroiled in doping controversies. Like it or not, the WADA Code has been designed to ensure that athletes in their position do not escape examination. They have been hard done by as a result of the incompetence, hard nosed manipulation and/or sheer crookedness of some of those involved in this mess and in that respect you have to pity them and also admire the way they've stuck fat and performed out on the field in what must be such a difficult time for them. However, they can't win because a finding in favour of the Application will leave them exposed to further ASADA investigation and /or leave their reputations in tatters. I'm not taking anything for granted in all of this. I suspect that the Federal Court proceeding is only the first of a number of battles in this saga of Shakespearean proportions. So on that note, how could I not mention the role of the good lady and this quote from one of his most misunderstood characters which sums up the game so well? "Glamis thou art, and Cawdor; and shalt be What thou art promised: yet do I fear thy nature; It is too full o' the milk of human kindness To catch the nearest way: thou wouldst be great; Art not without ambition, but without The illness should attend it."

Happy with that. Hogan, Trengove and Toumpas will all come in next year virtually as new recruits before we even start our drafting and trading. I suspect we'll be big improvers next year. Here's the official injury list for round 21:- Sam Blease (illness) – available Jack Grimes (hamstring) – test Jesse Hogan (back) – 1-3 weeks Jayden Hunt (back) – season Cam Pedersen (nose) – available Jake Spencer (ankle) – season Luke Tapscott (knee) – test Jimmy Toumpas (appendix) – test Jack Trengove (foot) – season

Hird's evidence was quite extraordinary and almost unique from my perspective in that he seems to be almost single-handedly inviting the ruination of his club. Here is what the EFC and Hird were saying at the outbreak of hostilities:- Essendon Statement Bombers to be investigated over supplements But now he has surely become totally delusional:- AFL forced Essendon to come forward: Hird I think he imagines himself like Don Quixote tilting at windmills and looking for non-existent conspiracies and like affairs that won't help him. He doesn't effect a single glimmer of remorse for what he's doing to his club and the game ... so finally ...

I've just caught up with Andruska's evidence via twitter feed and feel it necessary to file another report from the Federal Court Cricket Ground. Her knock today was reminiscent of the great Geoffrey Boycott at the height of his career. She has played a dead bat to every ball thrown at her by the spin duo representing the forces of darkness and looks like keeping her wicket intact until stumps. Will probably not reach anywhere near her maiden 50 but she's kept her end up and her's is a valiant innings nevertheless.

No doubt, Hird is paranoid about preventing his reputation from ending up in tatters but paranoia isn't a legal defence. So Hird is saying under oath that, at the behest of his club, he lied about taking responsibility for what happened. He says now that he lied about a lot of things and he expects us to believe firstly that he's now telling the truth and secondly, his part hearsay evidence which is inconclusive about whether there was a conspiracy between the AFL, ASADA and EFC, that they were out to get him Give us all a break please!!!

But that's not what I'm saying. If we want our VFL aligned partner to provide an ideal environment for the development of our players, then we need to have them playing together with VFL players of a reasonably high standard. No offence to the young blokes who Casey are bringing into the system but most of them struggle to get into the game at this level and that's not good for us or them.Unfortunately, it most likely boils down to money and the Scorpions don't appear to have it or alternatively are reluctant to spend it. Perhaps they got their fingers burnt with Fevola but I think the most likely reason is a lack of resources. Back in the days of our alignment with Sandringham they had players like Liddell, Gallagher, Sautner, Buddlecombe, Crowe, Summers and others like Lamb, Poyas and Rigoni who stayed on after their careers with Melbourne were over. As a result, Melbourne players were playing in a strong team environment, something which is not happening ATM.

Hird has just spent 12 months on a junket financed by the EFC to the tune of $1m. That gives him enough petty cash to throw at his counsel and have his day in court spewing an accumulation of a year's worth of bile in the direction of the man he perceives "done him wrong". It's a fury directed in the wrong place, a waste of energy and a waste of money. If the case against ASADA wasn't <redacted> before he gave his evidence then it's certainly <redacted><redacted> now. Redleg, why do you think Hird's counsel allowed him to go down this path? It appears to me to be totally counterproductive. As for Essendon, they're lucky they have so many members. They will need them all to pay the legal bills ~ $1m legal bill set to stretch Essendon

I have a later score halfway through the final session of the first day. ASADA has recovered to be 3/321 with Warner (Dave) bringing up his double century, the fastest in test history, on the last ball before drinks. Hird was stumped shortly after he made his ton and the EFC and Hird's chances of winning went down the drain after a rain interruption required them to score 58 off the last over under the Duckworth-Lewis system. What was Warner on?

Surely, if Essendon's business is effectively destroyed as a result of the ASADA investigation, then this was due wholly and solely to the conduct and behaviour of its own personnel in instituting a programme of injecting its players with a prohibited substance?

Essendon wants to use 'covert secret transcript' as evidence in case, court hears

Flower Drum?

Score update: Ten minutes into the third quarter and the Bombers are seven goals down. James Hird limping and Tanya Subbed off with writer's cramp.

If it's on tv and you're watching, make sure you have lots of popcorn available.

This week's stats - Mitch Clisby 19 disposals 11 kicks 8 handballs 5 marks 4 tackles 86 Dream Team Points Michael Evans 17 disposals 7 kicks 10 handballs 5 marks 2 tackles 61 Dream Team Points Jack Fitzpatrick 2 goals 15 disposals 11 kicks 4 handballs 9 marks 1 tackles 41 hit outs 125 Dream Team Points Alexis Georgiou 7 disposals 5 kicks 2 handballs 2 marks 2 tackles 34 Dream Team Points James Harmes 16 disposals 7 kicks 9 handballs 3 marks 6 tackles 74 Dream Team Points Dan Nicholson 19 disposals 11 kicks 8 handballs 10 marks 1 tackles 80 Dream Team Points Christian Salem 2 goals 1 behind 21 disposals 12 kicks 9 handballs 1 marks 4 tackles 83 Dream Team Points James Strauss 17 disposals 14 kicks 3 handballs 3 marks 2 tackles 66 Dream Team Points Dean Terlich 16 disposals 8 kicks 8 handballs 6 marks 2 tackles 64 Dream Team Points Nothing stands out there other than the efforts of Christian Salem and Jack Fitzpatrick who would both be chances for a recall into the Melbourne team at some stage in the last three rounds. Harmes is a rookie and looks set to stay on as a rookie into 2015. The rest would be on shaky ground subject to their contractual positions. Some of the other stats from the game are pretty damning. Port Melbourne amassed 443 disposals to 266 and had 72 inside 50s to 39. Only three Casey listed players reached double figures in possessions (plus Gippsland Power Under 18's Alex Carr who was the 23rd player). Most of the rest were kids who came up from local competitions, with a handful of games at any senior level. As a result, this game was always going to be a total mismatch despite the presence of MFC listed players. It seems that the problem stems from the fact that the poker machine fiasco from a couple of years ago has severely impaired the club. I'm not sure where it can go from here and while I've always supported the alignment, I'm starting to waver. In order to develop and get the best out of themselves, our listed players need to be playing at a reasonably high standard when not in the AFL side but when their VFL teammates are well below the competition's standards, I have to question whether the alignment remains in our best interests.

I believe that Pedersen's injury will keep him out for more than the one week. Salem should come into the side if Jack Grimes isn't ready. Otherwise, our line up should be fairly stable. Expect GWS to ring in a few changes after their poor form against North. Several heads could roll or possibly be injured to ensure they make a fist of winning the Petracca Cup. I expect Paul Roos to respond by going more defensive than ever and the result to be decided by a penalty shoot out at the end.

I reckon the real question is whether our President, CEO and board have the balls to make a submission for draft assistance at the end of the season. Firstly, there is a view among some that philosophically it's not the right thing to do because it invokes the memories of tanking and a losing mentality that goes with that period - a view which has been given further currency as a result of Paul Roos' remarks after last week's Brisbane Lions game. Secondly, the experience of last year when we applied after seven lean years only to have the other clubs, led by Hawthorn and Collingwood (who were supposed to be championing the cause of evening out the competition). They successfully lobbied the AFL and made no secret of connecting their opposition to the tanking inquiry and, as a result, we missed out on draft assistance despite it being available in the AFL's books. This was yet another punishment for the tanking that was said to have occurred four years earlier, for which we alone were investigated and were punished. Mark Evans' explanation as to why we didn't qualify was disingenuous. After all, we had Jesse Hogan in the wings and plenty of promising young players. Well, we were told to come back if things didn't improve and we're going to finish 16th at best, making it 8 years in a row. I hope we don't get cowed out of applying and that the AFL follows its rule books and gives us the assistance it should be giving to clubs in our circumstances. PJ has an obligation to see that we are in the best position when the trade and draft period commences. That includes availing the club of the benefits of the AFL's draft assistance rules.

I reckon Middleton J might allow it to run the three day course and then reserve his judgement. He's going to have to consider a substantial body of evidence and legal argument and, even if the outcome appears to be simple, a great deal of time and thought needs to be put into addressing those things. End of the month at the earliest unless one of the sides caves in and the parties reach a settlement.In any event, they won't be playing the Bombers theme song at the end of the proceedings.

The good news is that we've just moved up one spot on the ladder ahead of GWS on percentage.

The parties have filed their submissions in readiness for the opening of Monday's hearing in the Federal Court. It would also appear that the players who have been served with show cause notices will be represented and a brief submission will also be made on their behalf. This case is not about whether anyone from Essendon took or was given any banned substances. The Essendon case is that the joint investigation was unlawful. They seem to be using a scattergun approach to bring down everybody involved including the former government but if you follow their logic they were also involved up to the hilt as well. If you believe this line, everybody seemed to be acting in their own self-interest in some conspiracy to sweep the whole thing under the carpet. There might be a ring of truth in that but all through the 95 pages of the submission, I was waiting for the connection to be made between all of the allegations and hints of conspiratorial conduct and the legal basis for alleging that this joint investigation was unlawful. However, it didn't come and I'm not sure if they've made a case for anything in particular (other than that some lawyers are highly overpaid). The ASADA case is more matter of fact and lays down its response that the relevant legislation provides for co-operation between ASADA and the relevant sporting body, in this case the AFL. REDACTED AND CORRECTED OUTLINE OF OPENING SUBMISSIONS OUTLINE OF RESPONDENT'S OPENING SUBMISSIONS

I don't think Vlad needed to do anything to cover his bum if, as he claims, he wasn't informed by the Feds of the identity of the club. The fact that he had suspicions would probably not be enough to land him in any legal hot water. The fact that there might have been some wink, wink, nudge, nudge arrangement in place between the various parties won't make the club (or its players and employees) any less guilty if they are found to be so and doesn't make the joint investigation any more or less illegal. If that's the best weapon in their armoury going into an important and expensive legal case, they would be better advised pooling the money set aside for the case, walking into Crown Casino and betting on black or red at the roulette table.

They've put us in graveyard time slot for the game v Hawrhorn. Hope that's not an omen. Anyone going?

Pure distraction s-t-i-n-g-a. Any time you see Robbo, Chip Le Grand or a lawyer and academic called Martin Hardie associated with anything to do with this issue, you need to take it with a huge grain of salt. They are not neutral parties.In this case, Robbo concludes that the asking by Gillon McLachlan of the question as to whether the offending club was Essendon, automatically means that the AFL knew it to be so and therefore the inference follows that Demetriou warned the Bombers to self-confess etc. and did so in breach of the law. My take is that the asking of the question confirms the AFL had suspicions but nothing more at the time and this line will, like the many other distractions in Essendon's game of smoke and mirrors get them nowhere. The main issue in the case that begins on Monday is whether the joint investigation by the AFL and ASADA was lawful and if it wasn't, how much of the evidence gathered by the investigation (remembering that only part was conducted jointly) can be used in the ongoing case against the players. The case against the players is currently stalled at the show cause stage because of undertakings given by ASADA to the Federal Court at one of the early directions hearings. What the AFL knew or did not know is in my view a peripheral side issue but Robinson, by his latest effort, has shown himself to be a sloppy journo, and despite the lovable personna that he otherwise adopts on the AFL360 programme, he and his sidekick have lost me completely because their credibility is in tatters. In my spare time over the weekend (half time in today's game?) I will try to catch up on the submissions in the case to see if there's anything new or interesting to report.

Thanks demondame. The thing that always comes back to me whenever I think about that period was the feeling of invincibility. By that I mean, every Saturday no matter who we were playing against, I would wake up in the morning knowing that we were going to win that day and I was almost always right.

Because I don't believe it's ever been withdrawn. The time for players to have to answer the ASADA show cause notices has been suspended, remember?

There was no need to have waited. This was pretty much common knowledge from Day 1.Essendon has stalled the inevitable, a tactic that promises to derail another season or two for players who could have been half way through serving a six month suspension. Even if that deal is available after the hearing, they'll have to serve it in the first half of the year. That's going to put then in a spot of bother.