James Hird wants ASADA’s long-running investigation into the Essendon supplements scandal to start all over again, this time without the AFL.
The Bombers coach will return to the Federal Court on Monday to appeal against September’s devastating verdict.
His lawyers are challenging the finding by Justice John Middleton that ASADA acted lawfully by conducting a joint investigation with the AFL into Essendon’s 2011-12 supplements program.
Hird and ASADA have lodged documents with the Federal Court, making detailed submissions about their arguments ahead of the appeal.
The Hird camp claims Justice Middleton erred in several areas, while ASADA calls the appeal misconceived.
If Hird succeeds, he expects ASADA’s investigation to start again from scratch.
“The investigation must … start over and be carried out according to law,” Hird’s lawyers said.
“The analogy is with a court declaring a search warrant invalid and requiring the investigating authority to act lawfully if it wishes to re-issue the warrant.
“(ASADA) must start again and investigate according to law.
“Further, there is no basis for suggesting that the AFL and the interviewees would respond in the same way today – there would be no joint investigation.”
In the wake of Justice Middleton’s findings, ASADA issued amended show cause notices to 34 current and past Essendon players.
Hird and Essendon made a joint legal challenge against the ASADA investigation and were stunned when Justice Middleton ruled decisively in favour of the anti-doping body.
The coach then broke ranks with the club by deciding to appeal.
Hird’s decision prompted strong speculation at the start of last month that the Bombers might sack him.
But the Bombers then confirmed he would stay coach and Hird is adamant he will be in charge at Essendon next season.
Hird’s submission makes several arguments against the original verdict.
“The judge failed to establish any statutory basis ASADA … to enter into, and implement, an agreement with the AFL to investigate anti-doping violations under the Australian Sports Anti-Doping Authority Act … or to institute and conduct ASADA’s investigation in concert
with the AFL, as they did,” they argue in their court documents.
Similarly, ASADA have lodged a detailed argument against the appeal.
Lawyers for ASADA also argue that the show-cause notices should be allowed to proceed.
“If the interests of the 34 players are relevant, so too are the interests of the AFL and the public at large,” the lawyers said.
“Those interests militate strongly against permanent injunctive relief and favour non-interference with the show cause notices – particularly since they have re-issued.
“The evidence since judgment is that, apart from the appellant, all (or
nearly all) stakeholders favour a full and expeditious consideration of possible ADRVs (anti-doping rule violations) ‘on the merits’.”
Casper
Guest
Would the implication be that if he knew Dank during his playing days then he probably took illegal substances as well? Sorry to disappoint, but he met him through Dean Robinson about 3 years ago.!
lyn
Guest
Wasn't Hird good friends with Dank when he played???
Col in paradise
Guest
Hey did I get moderated a week ago for saying the one thing James Hird needs is a Brain Probe????? and that the only thing they would find is one big self Interest and one Ego cell... The Essendon Board also needs some brain probes for backing him.... Ego is a Dirty word..
Kev
Guest
Shouldn't be surprised by Hird's antics though. He's been worshiped by all and sundry at Essendon for so long that even though externally he pretends to be humble, on some levels, he probably believes that he can do no wrong. Explains why he took the coaching gig at Essendon despite being woefully under qualified for it. At his press conference at the time, he kept saying "I really want to do it". Almost sounds like he was trying to convince himself that he wasn't in over his head.
Chris Giannakis
Guest
Well summed up. Can Hird and his team of Lawyers make fun of the high court? if not the only good that may come out of this is that every one including the Essendon fans will really get to see how low their favourite son has fallen
Mikey
Guest
Someone please explain the point of all this again?? Or perhaps more to the point how will the players benefit iif Hird wins?? Hird has repeatedly claimed that no illegal substances were used. Great - so if Hird and the players have nothing to hide then nothing they said in those interviews could be incriminating. The innocent rarely get themselves in more trouble by telling the truth! So what then is the point of having those interviews declared illegal? If Hird wins he says he wants ASADA to start again. Apparently they now have the power to compel the players/coaches to talk so one would imagine that they would say exactly what they said last time - that is if they have nothing to hide. One further point - the evidence ASADA has uncovered was apparently found a long time after the interview process. So it is questionable as to what degree the interviews assisted ASADA find that evidence. And it gets back to the first point - if players/coaches are all innocent then the interviews would not have been incriminating at all. And of course if Hird wins we are back to square one and the players have another year of the stress and disruption of this matter hanging over their heads. So I ask again - how will the players benefit from Hird winning this appeal?
Francis Curro
Roar Pro
Just wants to prolong him being sacked
andyl12
Guest
I am also a Hawks fan. While I'm confident that as long as Hird's at the helm, Essendon will never win a game against us, I think he has to go for the good of footy. I also hope that if he does go, all the pro-Hird Essendon fans (and News Ltd journos) will finally get over themselves and realize just how much damage he's done to so many people. The only thing better would be seeing Hird and his wife divorce and then Tania goes on TV to bag him out.
Tim Holt
Roar Guru
Our 'feeling' for the Bombers is more than a mere 'rivalry' Penster ;)
andyl12
Guest
The injection programme also cost them a 2012 finals spot, because it caused all their players to break down with injuries and they tumbled down the ladder from being second spot mid-season. If the club makes an insurance claim on this their premiums will go up massively. We would already know the fate of the 34 players had Hird not unleashed his lawyers. Had the players been allowed to accept six-month bans back in June they might almost be able to get on with their lives now. But because of Hird, the players have no doubt had dozens of sleepless nights in the last few months.
Tim
Guest
What we as Hawk fans feel for Essendon is more than a 'mere rivalry' Penster :)
Penster
Guest
Can't stomach that Tim. As a Hawks fan, I love our rivalries and hate seeing the fans suffer because one man and his acolytes on the board are greater than the club. It flies in the face of what good rivalry and sport is all about. But you'll get your wish, this is cluster fkcu of the highest order and will resonate for years.
Nicko
Guest
So, Hird wants a new investigation without the coercive powers of the AFL...in other words, we want to be asked the same questions so that this time we can change our stories...no question that what ADADA has found is wrong, just that we didn't get a chance to lie about what went on because the AFL was in the room, plus I forgot to tell ASADA at the time that I didn't agree to being interviewed, just realised that after they found incriminating evidence...well that is bound to impress the judges...not
Tim Holt
Roar Guru
As a Hawks fan with a blood hatred of that vile mass from Windy Hill, i hope and pray that Hird coaches them for a very long time. For the sadistic joy that it gives me to see one of their favourite sons rip them down virtually brick by brick as well as drag them through the mud is such bliss
Mister Football
Roar Guru
They lost a finals spot in 2013 and I've heard from bomber fans that the legal expenses are covered by insurance. Hird is funding himself the appeal to the full bench of the Federal Court. Either way, we can only really judge the full seriousness of what Hird did or didn't do once we know the fate of the 34 players.
andyl12
Guest
It has been proven. Hird has wrecked his players' lives by injecting their babies' health away, doing things that attracted ASADA attention and costing them 2012 and 2013 finals spots. Oh yeah and bankrupting the club through legal bills. What a top bloke.
andyl12
Guest
Who, me? Ok, name a job Hird could get. All his attempted ventures into the business world have ended in failure.
Casper
Guest
Of all the stupid things you have said over the last couple of months, this is probably the stupidest.
BigAl
Guest
This business of Hird wanting to restart the ASADA investigation ...this time without the AFL involved! - reminds me of those legal cases a few years ago where kids were divorcing their parents
Mister Football
Roar Guru
Shouldn't the public hanging wait until something improper is proven?