- Video
-
Club Roar
Captured a great grassroots sporting moment? We want to see it!Content Collections
The Roar Community
- Join
- Login
Essendon has failed in its attempt to have an injunction placed on the ASADA investigation
Furthermore, players have been told in court that the 14-day period they were offered to respond to show cause notices delivered by ASADA will stand by Justice John Middleton of the Victorian Court.
With suspended Essendon coach James Hird, chairman Paul Little and ASADA CEO Ben McNevitt all in attendance, it was always going to be more than just a normal day in court.
The Bombers players were given show cause notices by the Australian Sports Anti-Doping Authority a fortnight ago, and today Justice Middleton said there was no reason for an interim order against the players’ show cause notices to be given.
The burden of proof, as outlined by the Justice, was on Essendon’s counsel to show that action should be taken against ASADA before the trial, which has been set to run for three days on August 11.
Justice Middleton also said that the 14 days notice for the players to respond was enough, after the counsel for ASADA earlier argued that only 10 days were required for a show cause notice under the act. ASADA’s counsel argued that the offer extended to the players by the CEO Ben McDevitt was “generous… fair and reasonable”.
He went on to say that “the players themselves are content with the accommodation extended by the CEO [of ASADA].”
They argued that the process would be best served without judicial, interference, a point with which the Justice clearly agreed.
Players have the chance to look at alternative options before the trial date if they see fit, but the justice hopes that is not necessary.
Essendon and ASADA’s trial over the legality of the joint AFL/ASADA investigation will occur from August 11 for three days.
Justice Middleton also expressed concerns about the players not being involved with the case at this point.
While Essendon’s counsel said that the players were fully aware of the proceedings taken by the club, the did not want to be involved with the other parties in the case. Essendon did, however, leave the door open for representatives of players to be involved before the August 11 date if they wished to do so.
Paul Little later released the following statement:
“We welcome today’s decision fixing an early trial date.
“The case raises important issues and today represents a small but significant step towards bringing these matters to a close for our players and their families.
“Today, the court did not make an interim order that would stay the operation of the show causes notices until the hearing of the case, but instead accepted that the club was sufficiently protected by an undertaking from ASADA to give the club and the players 14 days notice before taking any action on the notices.
“The judge made clear that the court would be very disappointed if ASADA took any further action to upset the status quo before trial.
“The court also asked all parties to give further consideration as to whether the players should be joined as necessary respondents.
“We look forward to being able to present our case on 11 August and the opportunity to bring matters to a close for our players and their families as soon as possible.”
Who’s in your ultimate team? Pick the best team and compete with other fans for daily prizes on Draftstars. For the best odds on the game try out Aussie bookmaker PlayUp. Think. Is this a bet you really want to place? Set a deposit limit.