Regardless of Friday's outcome, bombs will continue to drop on Essendon

By J / Roar Rookie

It was almost 600 days ago that Essendon self-reported to the AFL, and yet we are still no closer to a conclusion.

Whichever verdict Federal Court Justice John Middleton delivers just hours before the first preliminary final, it will be a huge talking point, tarnishing yet another final series.

The AFL are already struggling this final series with poor attendances. Only 110,000 people attended the semi-final matches last weekend, more courtroom drama is the last thing the AFL want.

The AFL wants the Essendon issue to end, but it’s hard seeing that happening soon.

If Justice Middleton rules in favour with ASADA, show-cause notices will re-enter the 34 past and presents Essendon player’s letterboxes by Monday afternoon, and we will be entering another stage of the saga, which will drag on past grand final week.

If Justice Middleton rules in favour of Essendon, as horrible as it sounds, ASADA will go through the whole interview stage again, gaining evidence against the Essendon players to ensure that justice is met and show-cause notice are sent out to the 34 men.

This court case is only a sideshow in a much bigger the issue. Whichever way Justice Middleton rules, it will drag on, which poses the question when and how will this will end?

Will Bombers chairman Paul Little ask the Federal Government to step in as the circuit-breakers, or will the players just accept the show-cause notices and cop bans from the game?

The best possible outcome for all parties is for the players to accept the show-cause notices and plea for a reduced sentence.

Although I can’t say which way Justice Middleton will rule on Friday afternoon, I can assure you it will not put an end to the saga.

The Crowd Says:

2014-09-19T04:11:57+00:00

Hansie

Guest


John Fahey played for Canterbury; I doubt he's a Manly man.

2014-09-19T04:10:55+00:00

Hansie

Guest


Not according to Justice Middleton.

2014-09-19T04:09:47+00:00

Hansie

Guest


Apparently Mark didn't go to the same law school as Justice Middleton.

2014-09-18T13:57:12+00:00

Bobbo7

Guest


Seriously? He allowed his cattle to be drugged. He should be facing criminal charges.

2014-09-18T03:53:01+00:00

Ian Whitchurch

Guest


If all this court case achieves for Essendon was to force ASADA to re-issue SCNs, then it was a massive waste of their members money. I'm also confused by why RedB thinks "Now the court wil decide on the actual evidence", given that the actual evidence never got a gurnsey in Middleton's courtroom. Far more likely is that Middleton will rap the AFL and ASADA over the knuckles but not force a reissue of the SCNs, and will probably use the phrase "all things necessary or convenient" to describe the joint interview process (for bonus points, name the Act section that gives ASADA's CEO their powers !) Given the "circumstantial" evidence includes EFC paying for a whole bunch of drugs, and the Essendon captain commenting on the record in the press how big EFC players got just two weeks into the program, and the Essendon coach discussing who got given what drugs and when, Id say that it is indeed beyond the balance of probabilities that the appropriate tribunal will find the EFC players got given the drugs they signed for, their club paid for and their club internally discussed when it decided to keep going with the program after - and I quote - the club doctor "stopped everything, which is getting a little frustrating".

2014-09-18T03:29:25+00:00

Redb

Roar Guru


Don't expect much on Friday. Middleton might deliver a verdict that satisifies no-one. Whilst he probably agrees the investigation was unlawful he will be mindful of any precedent set. Expect a middle ground decision that might technicially favour Essendon but not strip ASADA of its right to use it's circumstantial evidence. ASADA to just re-issue show cause notices. At least the AFL admin has been shown up for its back room dealings. Fed Govt no better at the time. ASADA a public servant backwater. Outcomes were to be manufactured. Now the court wil decide on the actual evidence. Good luck ASADA you'll need it.

2014-09-18T03:08:50+00:00

Stephen

Guest


Understanding of the law is not your strong suit.

2014-09-18T03:07:21+00:00

Stephen

Guest


That is actually beyond the judges power to do that, so is not a possibility.

2014-09-17T18:12:47+00:00

Tim Holt

Roar Guru


Great reply Pete- thanks for the 4am smile to start my day :)

2014-09-17T18:11:18+00:00

Tim Holt

Roar Guru


In truth Mark, I was actually being polite about your team, if I actually typed what i truly felt, i very much doubt that it would be permitted on here And, you seem intent on focussing on our older players, but seem to overlook that we have plenty of fine younger players coming up. Plus as a Dons fan, who might have no players left after sanctions, and other Club pillaging, I would be more worried about your teams 'future' than ours :) As for this week, if Port beat us, all dues to them, but, just cannot see it happening

2014-09-17T14:58:45+00:00

Aransan

Guest


If the AFL lose Essendon they will definitely be the poorer.

2014-09-17T14:56:45+00:00

Aransan

Guest


Nicko, the 15 months would have been OK if this had all been going on quietly in the background and had not been in the public arena. I am not sure we will know much more after Friday, I doubt if the law or ASADA are capable of moving things along in a direction towards a satisfactory conclusion.

2014-09-17T14:49:47+00:00

Don Freo

Guest


If the AFL lose Hird, they will be the poorer.

2014-09-17T13:16:37+00:00

Nicko

Guest


Aransan...I am well aware of the shortcomings of WADA...they are trying to do a massive job where they are often one step behind the dopers. not sure what the point is with regard to EFC. The reality is that EFC and AFL signed up to the rules and they need to live by them. The AFL may well decide to leave the WADA jurisdiction...thats is it choice...however that is in the future...we are dealing with the now and the immediate past. You say that ASADA does not have the resources to police the AFL, and that may be the case. However in this matter, lack of resources has not been shown to be the major factor in the time taken to reach a conclusion. Obviously, it is a complex undertaking when there has been an attempt by EFC to hide data (missing records); there are 34 players involved; and evidence has had to be tracked down from all round the world. In the absence of positive test results, I do not find 15 months (the time between the self reporting and the issue of SCN) to be excessive. In terms of evidence, it is irrelevant what people are asking...there is a process and the parties are going through it....what the public think they want or an entitled to know is merely noise. We'll know a bit more after Friday...till then, I guess we can agree to disagree

2014-09-17T12:22:09+00:00

Aransan

Guest


Nicko, note the following article: http://www.smh.com.au/sport/why-australian-sports-must-cut-ties-with-wada-20140615-zs8k1.html Note also the article which gives some of the history: http://www.smh.com.au/sport/australian-codes-warned-on-wada-breakaway-20140619-zsfd7.html WADA was especially set up as an initiative led by the International Olympic Committee. Australian Rules Football is not a world or Olympic sport. I don't believe EFC led the media coverage of the supplements saga but accept that some elements of the club likely did join in to give their side of the story. This business has now been going for 19 months and delays caused by Essendon's court action are only very recent. As I have stated, I believe part of the reason for their action was to enable the Essendon team to complete the 2014 football season with a minimum of distractions. I don't believe ASADA is capable of overseeing the AFL, the resources that they would have needed to do this would have been an order of magnitude greater than was given to them and this is especially shown in their tardiness in getting to the stage that they have. ASADA may not have to show whether they actually have any evidence, but the question many people are asking is do they actually have evidence that they can demonstrate? Or are players just expected to accept guilt in order to receive a reduced penalty when they believe they have done nothing wrong but then have to live with the stain of being an admitted drug cheat.

2014-09-17T10:03:53+00:00

Nicko

Guest


Aransan...almost ALL world sports are signatories to WADA...the major exclusion, if I am not mistaken, is US Baseball. If you sign up to the code, you play by the code. ASADA has not done anything other than what the relevant Australian legislation allows them to do, and in a manner that is consistent with that legislation. As for it being played out in the media: EFC has done its fair share of using the media to get its case across...they have used the media, so they cannot complain. The only reason the courts are involved is because EFC got the courts involved. As I keep saying, EFC keeps saying the process has taken too long but has done everything in its power to prolong the matter. As for ASADA giving specifics...they do not have to...once the players answer the show cause notices...BOTH parties get a chance to present their case to an INDEPENDENT body...pretty simple really. One can only surmise that the only reason EFC will not allow its players to answer the SCN is that they believe that there is enough evidence that the TVDP will find that infraction notices be issued

2014-09-17T09:10:23+00:00

Aransan

Guest


Nicko, I think you mean sports like cycling, swimming, athletics not "every other sport in the world". How about ASADA actually giving specific allegations with the evidence against the players in their show cause notices. This has been played out in the media over the last two seasons with speculation and using leaked confidential information. What other sports people have been subjected to this type of scrutiny while an investigation is supposedly under way? It is not just the individuals, but also teams and supporters -- what are the corresponding entities in cycling, swimming, and athletics? If the courts had not been involved then a second season for Essendon would have been laid to waste with all the distractions.

2014-09-17T08:59:44+00:00

Maree

Guest


I do not hate Essendon. I do not hate any club. We all need each other in this competition and would just like us all to play within the rules. If Dank was stating that other clubs were physiologically ahead of Essendon iti is not hard to see why. Your players are boys generally and therefore need body build up and toning. It does not necessarily mean drugs. Nicko, your position on this saga is clear and I fully support it.

2014-09-17T08:21:28+00:00

Nicko

Guest


Always amazes me that people see ASADA as the culprit and questioning their evidence gathering and the balance of proof that they require...as if this is something new or unique...it is clearly a shock for some people to see the AFL being treated the same as every other sport in the world. It was not ASADA that self-reported; it was not ASADA that lost records of what players were injected with; it was not ASADA who employed Danks or that had a culture of whatever it takes. To those who want this to end, it is easy, it is called process. Have the players answer the SCN; both sides can then present their case to an independent body who will adjudicate as to whether infraction notices should be issued...much easier, quicker and cheaper than going to court. If you are accused of a crime, you cannot simply hope that it will go away, or that a "circuit breaker" will mysteriously arrive...you answer the allegation. It is mind boggling the amount of spin that EFC and Hird have put out there

2014-09-17T08:04:32+00:00

Mark

Guest


Stuttering. Only trying to send once.

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