James Hird’s future as Essendon coach is in serious jeopardy after the AFL club decided not to appeal against the devastating Federal Court verdict.
Hird is understood to have broken ranks with the club and will challenge Justice John Middleton’s September 19 ruling.
There are unconfirmed reports the board will hold an emergency meeting on Thursday, where the vote would be taken whether to sack Hird.
His tenuous status at Essendon was made clear by remarkable scenes at Wednesday night’s club best and fairest function.
Hird did not attend the dinner.
Little, who has been a staunch supporter of HIrd since taking over as chairman last year, spoke for nearly 20 minutes and did not mention his name once or even refer to him.
Mark Thompson, who was caretaker coach this season as Hird served a 12-month AFL suspension, also did not mention him in a rousing speech that lasted 18 minutes.
Thompson did not confirm his future at Essendon after strong speculation on Wednesday that he will replace sacked Gold Coast coach Guy McKenna.
Thompson said he was yet to speak to the Suns and added he loved Essendon, but intriguingly added he did not want to go backwards.
Essendon and Hird took ASADA to court in June.
Hird and the Bombers argued that ASADA and the AFL’s joint investigation last year into the Essendon supplements scandal was unlawful.
They were confident of success, but Justice Middleton ruled decisively against them.
Hird has until October 10 to lodge an appeal, but that could also happen as early as Thursday.
News broke only a few hours before the best and fairest function that Essendon would not appeal.
Within minutes, media outlets also reported that Hird would challenge the Federal Court decision.
“Our priority throughout this procedure was always to take care of the welfare of our players,” Little said.
“As a result, the board has decided not to pursue an appeal against the Federal Court judgment.
“We are of the strong belief that there is no appeal; that the show cause notice process should recommence immediately and the AFL and ASADA will undertake to move with an expeditional procedure in relation to this.
“It is therefore my recommendation … that it is now the time to accept the Federal Court decision and to move on.”
Fairfax Media reported Bombers chairman Paul Little and chief executive Xavier Campbell were unable to convince Hird he should toe the line.
“We need to sit down with James tomorrow, and certainly as a board we need to sit down later this week and determine what the next steps will be,” Xavier Campbell told the Seven Network.
Hird told the TV station he hadn’t talked to Little, but thought “everything’s OK”.
Essendon icon Tim Watson, the father of current captain Jobe, suggested Hird’s time at the club is likely to end if he decides to take further legal action.
“If he does appeal, and that looks likely, I think that leaves him on the outer at the club,” Watson told Seven.
“The board would then probably meet tomorrow night. Expect that he would no longer be coach.”
Pumping Dougie
Guest
Casper, the Board, like Hird, has long been complicit in this drugs saga and poor governance and poor decision-making. I believe Board members knew what was going on back in 2012 - David Evans the CEO was best mates with Hird back then and both of them were close with Dr Reid. You don't run an unethical injection program like that, which is attracting questioning internally (from HR and Dr Reid) and externally (from the AFL), without the key playmakers inside the club and close mates talking about it. This no doubt is why Essendon paid reportedly $0.8 - $1.0m to settle with Dean Robinson this week - because they didn't want him airing in court evidence that he had gathered from subpoenas that showed not only their strategy to blame him, but their full knowledge of the program (and therefore tacit endorsement) all along. Paul Little was a Board member back in 2012 and would be very keen to protect his own interests and that of his fellow board members, as opposed to protecting the organisation. Same reason they tried to stop evidence gathered by ASADA from players as being admissable in court - partially to protect the players, but more to protect themselves. The players are naiive sheep in this episode, being 'played' by experienced, litigious, corporate giants. And when you've earnt $700m, what's ten million dollars on legal fees and payouts?
mcmanpp
Guest
The Essendon board has met (6/10/14) and what is now a stand-off between Hird and the club is being led by the advice from lawyers, imo. Hird is arguably in breach of his contract with Essendon for continuing the appeal but the negative cost of firing him before his day in court is not worth moving against him just yet. Meanwhile, Hird is holding dry his powder on threatening to sue the club for what he argues would be the club's breach of contract against him. Onward now to Thursday in the Court of Appeals. As Hird remains the coach, he remains a related party to the show cause notices. The club must be hoping the court will be sympathetic to the delays in resolving the matter and will agree to an expedited hearing. (And why not? judges are humans, too, and not ignorant of the effect of delays on the players.) ASADA will delay also; there is nothing for them to gain to rush out the show cause notices, especially if the appeal could imperil the process. (Despite the flack ADADA has copped, this matter is still a precedent and template for the future - they're not going to cut it short if they don't have to.) The best that can happen, in my view, is that either the court refuses leave to appeal (the appeal has no merit), or gives leave, hears it early and knocks it out of the park (sorry, court). This just might leave enough time (before next season starts) for the show cause notices to be issued and the evidence to scare the pants off just one player (despite Little saying the evidence is weak and circumstantial) who admits to the charge and is penalised by the AFL, thus triggering the club's formal dismissal of Hird. Will Thompson stay around in limbo for all of this? who knows? I wouldn't, because it could go the other way into the worst scenario: leave is granted to appeal, the matter is listed to be heard in the new year, the appeal is upheld as a matter of law and the matter ordered to go back before the judge at first instance (Middleton), who hears the matter again (March/April?) and decides the investigation was flawed but allows a new investigation would reach the same conclusion, whereupon ASADA commence Investigation Mark 11 in accordance with the new ruling and reach the same decision to issue show cause notices, only now we are so far into the 2015 AFL season, the whole thing is a nightmare for all.
Hansie
Guest
The players asked him not to appeal the decision. How is that sticking with his players?
Bobbo7
Guest
Best comment I have ever read on the whole saga. The whole thing is a disaster for EFC and the AFL. This has been perpetuated by blind faith in Hird from fans. I read an EFC fan forum the other day and it was like an asylum - completely devoid of any sense of reality and anyone who dared mention that maybe Hird was not the way forward was shouted down and asked to be barred from the forum. If fans really cared about the club and players they would be demanding the removal of Hird and the management.
Aransan
Guest
mcman, lets be patient until Monday when the Essendon board meets. In dealing with Hird one would want to have every i dotted and every t dashed. This saga has to be completed by Monday and rather than worrying about wrongful dismissal they may be wondering if they actually have to pay out his contract. Even if Hird is successful in overturning the court's ruling it won't make him innocent. He has to go quickly, but in saying that some nasty games were played out against him in the media in 2013 and any proud person would respond strongly to that. I don't believe taking this matter to court was the appropriate response and it is no longer about the players, it is all about Hird. This has to be concluded as quickly as possible and Hird has been an obstacle every step of the way.
Nate
Guest
It matters not a bit Casper. As has been pointed out repeatedly, this article and discussion is about the Bombers. To whack a surcharge on your members with an opt out clause on a letter to finance a spurious court case in which you got your ass kicked whilst paying a coach who screams about integrity whilst doing everything he can to damage it is ridiculous and members of any club would be ashamed to be part of such action.
mcmanpp
Guest
Could the Essendon board, fearful of a Hird lawsuit for wrongful dismissal, be contemplating an arrangement where Hird takes leave from his coaching position to fight the appeal? Thompson comes in as coach in the meantime, Essendon waits to learn the outcome of the appeal, ASADA again delays the show cause notices pending conclusion of all legal action, Hird’s contract remains in place for the duration, and the club has a team to field in next year’s competition. The unknowns are when will the appeal be heard, how long will it take, what will be the decision, and what will Hird do after that? Too many unknowns for mine, but when has any of this been predictable?
Mark
Guest
You obviously werent at the MCG Open Day on Sunday. You would have thought Essendon had just won the Grand Final, not Hawthorn. There were so many young kids wearing Essendon jumpers. It is the number one selling jumper.
Mark
Guest
And if the Essendon players are 100% innocent?
Mark
Guest
Caroline the one who said AOD-9604 causes cancer. And that James Hird was sacked today. No doubt about it, she definitely knows it all.
Mark
Guest
6, 7, 11, 17, 23, 32
Jack Smith
Roar Guru
Possibly more than that... But I reckon Little knows what he is doing. Doesn't mean I will agree with final outcome but I suspect he knows more than we know. All planned out, at least, in his head.
AR
Guest
Not sure if you've noticed, but Little is not backing Hird...at least, not any more. Little barred Hird from attending last night and was adamant that the club must move on.
Casper
Guest
Who cares about sympathy from other supporters? Amuses me when opposition supporters say Hird must go. Why do they care so much? If he is such a dud then shouldn't they want him to stay?
AR
Guest
Rest assured, Ive supported a club for decades, and attend every match. But by insisting to ask about it, you show that you think this debate is somehow about one club vs another...or one set of fans vs another. It's not. What club I happen to support has zero bearing on what outcomes I believe will (or should) result from this whole sorry saga.
Mic
Guest
Nice crystal ball Mark. Can you flick me tonight's powerball numbers??
Greg Clough
Guest
You may argue he hasn't abandoned them. But as Hird was asked not to attend last night's Best and Fairest Awards ceremony, do you think possibly the club abandoned him ... at least for one evening?
JoshC
Guest
The article is about Essendon not any other club....??? And, that is stupid reasoning from you anyway. I like everyone else that follows footy is concerned about the game and how your club are tarnishing the reputation of it. This truly is a train crash. Some advice for you as well - people would actually be sympathetic to the mess the bombers are in, if they had handled it by copping it on the chin and admiting mistakes. They didn't and the PR blitz by team Hird was a disgrace. The same for supporters, everyone would be sympathetic if you weren't so arrogant and blame everyone else except the club.
Casper
Guest
It matters what club he supports, because chances are his own club need to get their house in order. It's just like hearing that the Adelaide chairman is disappointed in Essendon. Mate, worry about your own club.
Casper
Guest
What do you think Hird is abandoning? He is sticking to his guns, sticking with his players. That's why the players and supporters love him.