James Hird will return to Federal Court on Monday to appeal against September’s devastating verdict against him and Essendon by Justice John Middleton.
Hird wants ASADA’s investigation into the Essendon supplements scandal to start all over again, this time without the AFL.
His lawyers are challenging the finding by Justice 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, prompting strong speculation 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.
ASADA have lodged a detailed argument against the appeal, arguing 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,” ASADA’s 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’.”
andy523
Guest
just retire james its starting to look very sad
andyl12
Guest
"Yeah, cause all journos are sensitive to peoples privacy. If that’s what you really believe then good luck to you." I agree that journos don't always behave, but given the emotion surrounding this incident I think the media would've had compassion. Journos would've had a bigger reason to chase this Mum down if she WAS a fake- the fact that they left her alone means they probably believed what she said.
Casper
Guest
Yeah, cause all journos are sensitive to peoples privacy. If that's what you really believe then good luck to you.
Col of Brissie
Guest
Good point GoGWS. Probably without the powers of the AFL during the interviews I would imagine the answers to be along the lines of 'I refuse to answer that question on the grounds that it might incriminate.me'.
andyl12
Guest
The player and his Mum wanted their names to be secret, and journos went along with this. It happens all the time.
Casper
Guest
The reason I am dismissing it is that there has been no follow up. It was a big nationwide story at the time. Journos would love to interview someone like her, yet none of them have. We don't even know who the player was. No journo out there has unravelled this mystery. Does that not strike you as odd?
andyl12
Guest
The Mum/Triple M story is just another one that people like you have dismissed because it doesn't suit your argument. If she'd rung Triple M saying "I know my son is innocent and I know James Hird is innocent," you would've treated her as credible. Admit it.
GoGWS
Roar Guru
“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.” Are Hird's lawyers for real? They can not be serious when they say this. No basis to suggest that the players would respond in the same way? How about basic common sense as a basis? How about logic? How about the players being consistent in saying what they know (again). On what basis could the players answers possibly be expected change their answers? Perhaps Hird's lawyers would be able to educate us all and give us some examples about responding in another way. The players no doubt want to get on with it and just deal with the charges and admit or challange them. Even if Hird 'wins' ASADA aren't going anywhere. All that wil happen is that Hird' camp will have delayed the whole saga from finally playing out. Very hard to follow Hird's thinking.
Kev
Guest
Conchie - You claim you're not privy to what went on behind closed doors which means you cannot say for certain if Hird was coerced into signing documents but then you still go on to claim that Hird was pressured. Can't have it both ways.
Casper
Guest
Crameri left for a lot more money, Reimers was given the boot and Ryder wasn't up for the fight (which sums up his career). 'Or the unknown player who got his Mum to call Triple M with her concerns.' - what a laugh. Do you really believe that story or do you just want to believe it?
andyl12
Guest
"conchie said | November 10th 2014 @ 11:15am | Report comment I am not privy to what went on, before during or after, neither are you. Hird thinks the ASADA and AFL report was written without all the facts, except facts that paint him, the players and Essendon in a bad light, I agree with him." Now you say your posts have nothing to do with Hird. Either way you need to tells us plainly, what is your opinion of Hird and his behaviour during this scandal?
andyl12
Guest
What solidarity? Try telling Stuart Crameri, Kyle Reimers or Paddy Ryder about solidarity. Or the unknown player who got his Mum to call Triple M with her concerns.
andyl12
Guest
Conchie, for someone to choose which evidence they will and won't withhold is the same as doctoring the available evidence. Regardless of the spin you try to put on it.
Mikey
Guest
Conchie - you said: "I never claimed ASADA doctored evidence, I claimed that they withheld evidence that paints Essendon in a positive light, huge difference" I am interested to hear what evidence you are aware of that ASADA has somehow withheld/buried? .(If it exists and was withheld that would still equate to doctored evidence by my definition). While this saga seems really complicated now (particularly since the legal action) the actual issue is pretty straight-forward - Were the players administered any illegal substances? ASADA clearly believe they have strong circumstantial evidence that indicates they were. It is up to the players/EFC to prove this didn't happen. This has been made a thousand times more difficult for the players because of the poor record keeping at the club. But whose fault is that? In this day and age where players are micro-managed and where everyone understands how tough/ruthless the drug code is (athletes have lost gold medals for taking headache tablets) there is absolutely no excuse for the poor record keeping at the EFC ASADA is doing the job they are supposed to do, but that is not to say that they haven't made a lot of mistakes along the way. But making mistakes doesn't mean the whole process is corrupted and it doesn't mitigate the need for the players to address and refute the evidence ASADA has discovered. Whether that happens soon or in another 6 - 12 months will will depend on whether Hird wins his appeal and ASADA have to start again.
conchie
Roar Rookie
Yet out of all the stories not one piece of tangible evidence has been submitted to the public arena, not one player out of 34 current, retired and ex Essendon players now playing has come out. Go figure !!! Amazing show of solidarity by current Essendon and ex players, not even KGB spies could have such a strike rate.
conchie
Roar Rookie
My posts in this section have nothing to do with Hird. Go back to facebook andy
conchie
Roar Rookie
@ Adam G You are correct, andy 112 is stumbling around blindly in the dark unable to understand what was written.
conchie
Roar Rookie
@ andy 112 I never claimed ASADA doctored evidence, I claimed that they withheld evidence that paints Essendon in a positive light, huge difference. Clearly your biased.
Doc Disnick
Roar Guru
They won't. Unless of course they all change their stories when ASADA interview them, which is I guess what Hird is hoping will happen. Will look dodgy as all shit though....
Mikey
Guest
If ASADA have doctored the evidence then everyone at ASADA should be on crimimal charges and sent to jail. Why would they take such a risk? It makes no sense and defies credibility. Their job is to investigate and if they find evidence then they issue SCN as they have done. The evidence they do have may not be strong but the players have the opportunity to refute and discredit it to clear their names. People who keep coming up with ridiculous conspiracy theories really have no understanding of the process.