Essendon doctor Bruce Reid claims the AFL is biased and conflicted and cannot provide a fair hearing into allegations he helped establish an illegal supplements program.
Dr Reid has launched Victorian Supreme Court action in a bid to have a recently retired judge and not the AFL decide if he has brought the game into disrepute.
In documents filed with the court on Monday, he has sought an injunction preventing the AFL from further prosecuting any charge against him until it is referred to an independent body.
Dr Reid claims the AFL is conflicted after reaching settlements with other Essendon officials including coach James Hird.
He argues the AFL has already “committed itself” to factual findings based on these settlements.
“We believe that in such an instance, a finding in favour of Dr Reid in respect of the charge would be embarrassing to the AFL,” the document reads.
Dr Reid also claims the AFL commission cannot hear the charge in an unbiased manner, based on several comments made at a commission meeting.
He relies upon one comment from AFL commission chairman Mike Fitzpatrick who allegedly described the supplement scandal as “probably the worst thing that has happened in a footy club”.
The AFL charged Dr Reid and other Essendon officials with bringing the game into disrepute over the supplements scandal which saw players subjected to injections.
Three other Bombers officials – Hird, assistant Mark Thompson and football manager Danny Corcoran – accepted AFL penalties on Tuesday night over the saga, as did the club, leaving Reid as the sole Essendon representative fighting on.
Dr Reid’s case will be heard by a Supreme Court judge on Thursday.
If granted a hearing before an independent body Dr Reid will argue to have the charge struck out on the basis that it’s an abuse of process.
Dr Reid, the AFL’s longest serving senior club doctor, argues the accusation should be heard by the retired judge because a case involving a medical professional’s reputation fits in a special category.
Karma Miranda
Guest
The case and it's ramifications are beside the point... These will be decided by WADA, ASADA and the ACC. And in Dr.Reid's case, the AMA. The disrepute to the AFL was brought about by the EFC Cheat Squad, who took AFL-registered players and injected them with goodness-knows-what without the AFL's knowledge. The disrepute was brought into the public arena when the EFC asked to be investigated. The AFL may not own Australian Rules Football, but they run the AFL. If the EFC had wanted to be part of the AFL, perhaps they should have followed the rules that every other club is subject to? As for the NRL... They've sat on their hands, to the point where the CSFC are now in the finals. What happens if the Sharks go on to win the GF? At least the AFL had the balls to act when required.
Simon
Guest
Essendon stuffed up big time here and let our juniors down, but that is not the main thing. The main thing is the Afl's handeling of the drugs saga was pathetic they we so incompient it was not funny they bungled it. Football has been tarnished forever because of the Afl. Essendon also let the plubic down drugs are no good in any sport. full stop.
Phil Maguire
Guest
It's not their game. They don't own the game. They control the Australian Football League. In this case their role as prosecutor, judge and jury steps out of the game and into the real world of reputations and defamations. The NRL and other leagues have realised that such matters are best heard independently. If the AFL has to be forced into that realisation, so be it. Remember, the AFL could not exist without dedicated doctors and medical staff. It has to have a better system to hear cases like this.
Karma Miranda
Guest
Of course the AFL is biased... It's their game. They run it. You want to play their game, you play by their rules. This is not a legal matter yet, that will come later for Dr Reid... Plenty of time for Judges soon enough. Probably best not bitch about bias when the AFL finds out that you've presided over your club's systematic programme of illegal injections into the AFL-registered Players under your direct medical supervision without the AFL's knowledge. Any fair-minded person, whether Judge or Joe Public is going to come to the same conclusion.
Phil Maguire
Guest
The AFL are on a hiding to nothing this time and a good thing too. Justice Beach has suggested they rethink their decision not to appoint an independent tribunal. The AFL's solicitors will now be working overtime to convince Demetriou and Fitzpatrick to back down before they are forced to.
Kev
Guest
Of course the AFL are biased. Only a biased organisation would have an all sweeping rule like bringing the game into disrepute.
Cat
Roar Guru
The real question is does anyone outside of Bruce Reid and the AFL really care about this part of the scandal?
joe
Guest
+1
Jeff
Guest
It is clear that the AFL are conflicted and have already decided on guilt and punishment. They are therefore very, very biased. As the controllers of the process, they denied EFC et al due process by threatening even harsher penalties. I hope the good doctor whips the pants off them. PS. I too am biased - the other way.
fadida
Guest
He's probably right about the need for an "independent" hearing given his career and possible implications