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James Hird appeal dismissed at Federal Court

30th January, 2015
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30th January, 2015
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1567 Reads

James Hird’s appeal against the joint AFL-ASADA investigation has been quashed in the Federal Court in Melbourne today, meaning the investigation into the club’s practices in 2011 is considered legal.

Hird was hoping to have the infraction notices for use of performance-enhancing substances against 34 current and former Essendon Bombers players quashed, but Justice Susan Kenny and her fellow judges decided that it was a legal course of gathering evidence, and did not extend the body’s charter. The judges would have had to have found that ASADA gone beyond their jurisdiction in their joint investigation.

The first dismissal of the appeal made by the Bombers and Hird together was made by Justice Middleton last year, and was thorough. The judges in this case would have to find reasons why the original decision by Justice Middleton was incorrect. They found no such reasons.

The judgement against Hird was unanimous and emphatic. Justice Kenny found against every point raised by Hird. She also made mention of the fact that the Hird camp raised a point at appeal that they did not raise at trial.

Essendon did not back their 2015 coach’s decision to appeal the original verdict in September, which led to significant tension in the club. Essendon were not party to this appeal.

Hird has also been ordered to pay the costs of the respondent in this appeal.

Hird now has 28 days to decide on whether to appeal in the High Court of Australia. He was not in court to hear the verdict.

The Anti-Doping Tribunal will proceed according to the following timetable released in a statement by the AFL yesterday.

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1. ASADA to file its written closing submissions by 5 February 2015
2. Players and former Essendon employee to file their written closing submissions by 12 February 2015
3. AFL to file its written closing submissions by 13 February 2015
4. Tribunal to resume on 16 February 2015 to hear oral closing submissions from the parties
5. Tribunal to be adjourned on or about 18 February to consider its decision as to breach of the AFL Anti-Doping Code by past and present Essendon Football Club players and a former employee of the Essendon Football Club who have been issued with Infraction Notices.
6. Should any player or the former Essendon employee be found to have breached the AFL Anti-Doping Code, a hearing as to sanction will follow.

After February 18 the Tribunal will be adjourned, and a decision will be made as to whether players or employees will be issued with infraction notices. If the Tribunal do decide to punish people for breaking the anti-doping code, a hearing will be set for after that date to determine the sanctions.

What today’s decision means for footballing matters at the Essendon Football Club remains unclear.

The Bombers have affirmed they are backing Hird as their senior coach for the next two seasons.

More to follow

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