James Hird’s appeal against the joint AFL-ASADA investigation has been quashed in the Federal Court in Melbourne today, meaning the investigation into the club’s practices in 2011 is considered legal.
Hird was hoping to have the infraction notices for use of performance-enhancing substances against 34 current and former Essendon Bombers players quashed, but Justice Susan Kenny and her fellow judges decided that it was a legal course of gathering evidence, and did not extend the body’s charter. The judges would have had to have found that ASADA gone beyond their jurisdiction in their joint investigation.
The first dismissal of the appeal made by the Bombers and Hird together was made by Justice Middleton last year, and was thorough. The judges in this case would have to find reasons why the original decision by Justice Middleton was incorrect. They found no such reasons.
The judgement against Hird was unanimous and emphatic. Justice Kenny found against every point raised by Hird. She also made mention of the fact that the Hird camp raised a point at appeal that they did not raise at trial.
Essendon did not back their 2015 coach’s decision to appeal the original verdict in September, which led to significant tension in the club. Essendon were not party to this appeal.
Hird has also been ordered to pay the costs of the respondent in this appeal.
Hird now has 28 days to decide on whether to appeal in the High Court of Australia. He was not in court to hear the verdict.
The Anti-Doping Tribunal will proceed according to the following timetable released in a statement by the AFL yesterday.
1. ASADA to file its written closing submissions by 5 February 2015
2. Players and former Essendon employee to file their written closing submissions by 12 February 2015
3. AFL to file its written closing submissions by 13 February 2015
4. Tribunal to resume on 16 February 2015 to hear oral closing submissions from the parties
5. Tribunal to be adjourned on or about 18 February to consider its decision as to breach of the AFL Anti-Doping Code by past and present Essendon Football Club players and a former employee of the Essendon Football Club who have been issued with Infraction Notices.
6. Should any player or the former Essendon employee be found to have breached the AFL Anti-Doping Code, a hearing as to sanction will follow.
After February 18 the Tribunal will be adjourned, and a decision will be made as to whether players or employees will be issued with infraction notices. If the Tribunal do decide to punish people for breaking the anti-doping code, a hearing will be set for after that date to determine the sanctions.
What today’s decision means for footballing matters at the Essendon Football Club remains unclear.
The Bombers have affirmed they are backing Hird as their senior coach for the next two seasons.
More to follow
conchie
Roar Rookie
I think your right.
Paul D
Roar Guru
Good luck proving either of those allegations to the certainty required to secure suspensions. ASADA will offer junk time suspensions, players will eventually accept - which they should have done 6 months ago once it became clear ASADA were going to let Cronulla off the hook very lightly - and then move on.
Martin
Guest
If, as you suggest, James Hird's legal fees were expended so that he could retain his employment then I am guessing that his legal expenses would become an allowable tax deduction. Seems a fair enough deduction based on that premise.
Bobbo7
Guest
Probably needles up their sleeves, micka
Bobbo7
Guest
Penster, its political correctness gone mad!
micka
Guest
I keep thinking that Hirds lawyers must have something up their sleeve to so confidently keep going back to appeal but it is just more apparent it is vanity from hird and greed on the part of the lawyers. Amazing.
Vocans
Guest
I also care deeply about cheating.
Von Neumann
Roar Guru
He's had a good crack of it now, may be time to put down the move. Ohhhhh come on, I didn't mean it like that!
NeeDeep
Roar Pro
Yeah - and also the real worry, will be that other clubs, AFL and down through the grades, will say bugger it, lets have a crack at this. "The worst that can happen is a back-dated suspension, if we drag it out, like the bombers did." The AFL, ASADA and WADA, need to come down hard - I'm sorry Essendon supporters but that is the reality of what your club has done and how they've tried to dodge the bullet for the last 2 years. If they copped a whack 2 years ago, we'd be over this and everyone would have moved on. James decided his reputation was bigger than the game and your club didn't have a big enough set to say NO, to the golden child. Time to pay the price!
Penster
Guest
Still wondering where Victoria's OH&S authorities are in all this. When I wanted to inject my staff with mystery drugs, the killjoys in HR said "No". It's not fair!
Penster
Guest
I don't think they can sack him without paying out a mozza on his contract. Reckon other clubs are dispensing anything stronger than Ribena to their players? What a deterrent.
Bobbo7
Guest
Agree Col. Too many deluded members would rather support their heroes at all costs than consider what Hird and this management team have done to these young players. If I supported EFC I would demand they all be sacked and not let near the club again It is a disgrace
Stephen
Guest
If they get backdated suspensions it will be time for ASADA and WADA to appeal.
c
Guest
yes
c
Guest
they would be studying todays judgement
Stephen
Guest
Here here
Stephen
Guest
Yep, where are they all?
Steve M
Guest
andyl12, don't leave out Redb, DeanP and Maguire for their noted absence.
Distant Knight
Guest
Heard his lawyer on the radio on the way home saying that they are definitely considering appealing. Are they kidding? Or is that just his lawyer trying to drum up some more fees...? If these players are found guilty but then get backdated suspensions it'll be an absolute joke.
E-Meter
Guest
Yep me too AR. I can't wait for the call of conspiracy from the rusted on Hird supporters. It's a smack down from Justice Kenny.